[Senate Prints 106-59]
[From the U.S. Government Publishing Office]



106th Congress                                                  S. Prt.
 2nd Session                COMMITTEE PRINT                      106-59

_______________________________________________________________________

                                     


                      THE SAFE DRINKING WATER ACT

                             AS AMENDED BY

                  THE SAFE DRINKING WATER ACT OF 1996

                               __________

                  0PUBLIC LAW 104-182, AUGUST 6, 1996



                                     
                


  Printed for the use of the Commitee on Environment and Public Works

                               __________

                     U.S. GOVERNMENT PRINTING OFFICE
67-528CC                     WASHINGTON : 2000

              For Sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 
                                 20402







               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                       ONE HUNDRED SIXTH CONGRESS
                   BOB SMITH, New Hampshire, Chairman
JOHN W. WARNER, Virginia             MAX BAUCUS, Montana
JAMES M. INHOFE, Oklahoma            DANIEL PATRICK MOYNIHAN, New York
CRAIG THOMAS, Wyoming                FRANK R. LAUTENBERG, New Jersey
CHRISTOPHER S. BOND, Missouri        HARRY REID, Nevada
GEORGE V. VOINOVICH, Ohio            BOB GRAHAM, Florida
MICHAEL D. CRAPO, Idaho              JOSEPH I. LIEBERMAN, Connecticut
ROBERT F. BENNETT, Utah              BARBARA BOXER, California
KAY BAILEY HUTCHISON, Texas          RON WYDEN, Oregon
LINCOLN CHAFEE, Rhode Island
                      Dave Conover, Staff Director
                  Tom Sliter, Minority Staff Director

                                  (ii)

  


   TABLE OF CONTENTS FOR TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT 
                   (``SAFE DRINKING WATER ACT'') \1\
---------------------------------------------------------------------------

    \1\ This table of contents is not part of title XIV of the Public 
Health Service Act but is set forth for the convenience of the users of 
this publication.
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               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

Sec. 1400. Short title...........................................     1

                          Part A--Definitions

Sec. 1401. Definitions...........................................     1

                      Part B--Public Water Systems

Sec. 1411. Coverage..............................................     4
Sec. 1412. National drinking water regulations...................     4
Sec. 1413. State primary enforcement responsibility..............    24
Sec. 1414. Enforcement of drinking water regulations.............    25
Sec. 1415. Variances.............................................    36
Sec. 1416. Exemptions............................................    42
Sec. 1417. Prohibition on use of lead pipes, solder, and flux....    46
Sec. 1418. Monitoring of contaminants............................    48
Sec. 1419. Operator certification................................    51
Sec. 1420. Capacity development..................................    52

      Part C--Protection of Underground Sources of Drinking Water

Sec. 1421. Regulations for State programs........................    56
Sec. 1422. State primary enforcement responsibility..............    58
Sec. 1423. Enforcement of program................................    60
Sec. 1424. Interim regulation of underground injections..........    63
Sec. 1425. Optional demonstration by States relating to oil or 
  natural gas....................................................    64
Sec. 1426. Regulation of State programs..........................    65
Sec. 1427. Sole source aquifer demonstration program.............    65
Sec. 1428. State programs to establish wellhead protection areas.    69
Sec. 1429. State ground water protection grants..................    72

                        Part D--Emergency Powers

Sec. 1431. Emergency powers......................................    73
Sec. 1432. Tampering with public water systems...................    74

                       Part E--General Provisions

Sec. 1441. Assurance of availability of adequate supplies of 
  chemicals necessary for treatment of water.....................    75
Sec. 1442. Research, technical assistance, information, training 
  of personnel...................................................    77
Sec. 1443. Grants for State programs.............................    81
Sec. 1444. Special study and demonstration project grants; 
  guaranteed loans...............................................    85
Sec. 1445. Records and inspections...............................    86
Sec. 1446. National Drinking Water Advisory Council..............    92
Sec. 1447. Federal agencies......................................    93
Sec. 1448. Judicial review.......................................    96
Sec. 1449. Citizen's civil action................................    97
Sec. 1450. General provisions....................................    98
Sec. 1451. Indian tribes.........................................   101
Sec. 1452. State revolving loan funds............................   102
Sec. 1453. Source water quality assessment.......................   112
Sec. 1454. Source water petition program.........................   113
Sec. 1455. Water conservation plan...............................   117
Sec. 1456. Assistance to colonias................................   118
Sec. 1457. Estrogenic substances screening program...............   118
Sec. 1458. Drinking water studies................................   119

  Part F--Additional Requirements To Regulate the Safety of Drinking 
                                 Water

Sec. 1461. Definitions...........................................   121
Sec. 1462. Recall of drinking water coolers with lead-lined tanks   122
Sec. 1463. Drinking water coolers containing lead................   122
Sec. 1464. Lead contamination in school drinking water...........   123
Sec. 1465. [School drinking water] Federal assistance for State 
  programs regarding lead contamination in school drinking water.   124

 
                      THE SAFE DRINKING WATER ACT
                             AS AMENDED BY
                  THE SAFE DRINKING WATER ACT OF 1996

                              ----------                              


                                  NOTE

    Amendments made by Public Law 104-182 are shown as follows: 
Existing law omitted is enclosed in [black brackets], new 
matter is printed in italic, existing law in which no change 
occurs is shown in roman:
                              ----------                              


  TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE SAFE DRINKING WATER 
                              ACT) 1

           [As amended by P.L. 104-182, August 6, 1996]

               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS


                              short title


    Sec. 1400. This title may be cited as the ``Safe Drinking 
Water Act''.

                          Part A--Definitions

                              definitions

    Sec. 1401. For purposes of this title:
---------------------------------------------------------------------------
    \1\ This title, the ``Safe Drinking Water Act'', consists of title 
XIV of the Public Health Service Act (42 U.S.C. 300f-300j-9) as added 
by Public Law 93-523 (Dec. 16, 1974) and the amendments made by 
subsequent enactments.
---------------------------------------------------------------------------
            (1) The term ``primary drinking water regulation'' 
        means a regulation which--
                    (A) applies to public water systems;
                    (B) specifies contaminants which, in the 
                judgment of the Administrator, may have any 
                adverse effect on the health of persons;
                    (C) specifies for each such contaminant 
                either--
                            (i) a maximum contaminant level, 
                        if, in the judgment of the 
                        Administrator, it is economically and 
                        technologically feasible to ascertain 
                        the level of such contaminant in water 
                        in public water systems, or
                            (ii) if, in the judgment of the 
                        Administrator, it is not economically 
                        or technologically feasible to so 
                        ascertain the level of such 
                        contaminant, each treatment technique 
                        known to the Administrator which leads 
                        to a reduction in the level of such 
                        contaminant sufficient to satisfy the 
                        requirements of section 1412; and
                    (D) contains criteria and procedures to 
                assure a supply of drinking water which 
                dependably complies with such maximum 
                contaminant levels; including accepted methods 
                for quality control and testing procedures to 
                insure compliance with such levels and to 
                insure proper operation and maintenance of the 
                system, and requirements as to (i) the minimum 
                quality of water which may be taken into the 
                system and (ii) siting for new facilities for 
                public water systems. At any time after 
                promulgation of a regulation referred to in 
                this paragraph, the Administrator may add 
                equally effective quality control and testing 
                procedures by guidance published in the Federal 
                Register. Such procedures shall be treated as 
                an alternative for public water systems to the 
                quality control and testing procedures listed 
                in the regulation.
            (2) The term ``secondary drinking water 
        regulation'' means a regulation which applies to public 
        water systems and which specifies the maximum 
        contaminant levels which, in the judgment of the 
        Administrator, are requisite to protect the public 
        welfare. Such regulations may apply to any contaminant 
        in drinking water (A) which may adversely affect the 
        odor or appearance of such water and consequently may 
        cause a substantial number of the persons served by the 
        public water system providing such water to discontinue 
        its use, or (B) which may otherwise adversely affect 
        the public welfare. Such regulations may vary according 
        to geographic and other circumstances.
            (3) The term ``maximum contaminant level'' means 
        the maximum permissible level of a contaminant in water 
        which is delivered to any user of a public water 
        system.
            [(4) The] (4) Public water system.--
                    (A) In general.--The term ``public water 
                system'' means a system for the provision to 
                the public of [piped water for human 
                consumption] water for human consumption 
                through pipes or other constructed conveyances, 
                if such system has at least fifteen service 
                connections or regularly serves at least 
                twenty-five individuals. Such term includes [A] 
                (i) any collection, treatment, storage, and 
                distribution facilities under control of the 
                operator of such system and used primarily in 
                connection with such system, and [B] (ii) any 
                collection or pretreatment storage facilities 
                not under such control which are used primarily 
                in connection with such system.
                    (B) Connections.--
                            (i) In general.--For purposes of 
                        subparagraph (A), a connection to a 
                        system that delivers water by a 
                        constructed conveyance other than a 
                        pipe shall not be considered a 
                        connection, if--
                                    (I) the water is used 
                                exclusively for purposes other 
                                than residential uses 
                                (consisting of drinking, 
                                bathing, and cooking, or other 
                                similar uses);
                                    (II) the Administrator or 
                                the State (in the case of a 
                                State exercising primary 
                                enforcement responsibility for 
                                public water systems) 
                                determines that alternative 
                                water to achieve the equivalent 
                                level of public health 
                                protection provided by the 
                                applicable national primary 
                                drinking water regulation is 
                                provided for residential or 
                                similar uses for drinking and 
                                cooking; or
                                    (III) the Administrator or 
                                the State (in the case of a 
                                State exercising primary 
                                enforcement responsibility for 
                                public water systems) 
                                determines that the water 
                                provided for residential or 
                                similar uses for drinking, 
                                cooking, and bathing is 
                                centrally treated or treated at 
                                the point of entry by the 
                                provider, a pass-through 
                                entity, or the user to achieve 
                                the equivalent level of 
                                protection provided by the 
                                applicable national primary 
                                drinking water regulations.
                            (ii) Irrigation districts.--An 
                        irrigation district in existence prior 
                        to May 18, 1994, that provides 
                        primarily agricultural service through 
                        a piped water system with only 
                        incidental residential or similar use 
                        shall not be considered to be a public 
                        water system if the system or the 
                        residential or similar users of the 
                        system comply with subclause (II) or 
                        (III) of clause (i).
                    (C) Transition period.--A water supplier 
                that would be a public water system only as a 
                result of modifications made to this paragraph 
                by the Safe Drinking Water Act Amendments of 
                1996 shall not be considered a public water 
                system for purposes of the Act until the date 
                that is two years after the date of enactment 
                of this subparagraph. If a water supplier does 
                not serve 15 service connections (as defined in 
                subparagraphs (A) and (B)) or 25 people at any 
                time after the conclusion of the 2-year period, 
                the water supplier shall not be considered a 
                public water system.
            (5) The term ``supplier of water'' means any person 
        who owns or operates a public water system.
            (6) The term ``contaminant'' means any physical, 
        chemical, biological, or radiological substance or 
        matter in water.
            (7) The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (8) The term ``Agency'' means the Environmental 
        Protection Agency.
            (9) The term ``Council'' means the National 
        Drinking Water Advisory Council established under 
        section 1446.
            (10) The term ``municipality'' means a city, town, 
        or other public body created by or pursuant to State 
        law, or an Indian tribe.
            (11) The term ``Federal agency'' means any 
        department, agency, or instrumentality of the United 
        States.
            (12) The term ``person'' means an individual, 
        corporation, company, association, partnership, State, 
        municipality, or Federal agency (and includes officers, 
        employees, and agents of any corporation, company, 
        association, State, municipality, or Federal agency).
            (13) [The] (A) Except as provided in subparagraph 
        (B), the term ``State'' includes, in addition to the 
        several States, only the District of Columbia, Guam, 
        the Commonwealth of Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and the 
        Trust Territory of the Pacific Islands.
            (B) For purposes of section 1452, the term 
        ``State'' means each of the 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.
            (14) The term ``Indian Tribe'' means any Indian 
        tribe having a Federally recognized governing body 
        carrying out substantial governmental duties and powers 
        over any area. For purposes of section 1452, 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))).
            (15) Community water system.--The term ``community 
        water system'' means a public water system that--
                    (A) serves at least 15 service connections 
                used by year-round residents of the area served 
                by the system; or
                    (B) regularly serves at least 25 year-round 
                residents.
            (16) Noncommunity water system.--The term 
        ``noncommunity water system'' means a public water 
        system that is not a community water system.

[42 U.S.C. 300f]

                      Part B--Public Water Systems

                                coverage

    Sec. 1411. Subject to sections 1415 and 1416, national 
primary drinking water regulations under this part shall apply 
to each public water system in each State; except that such 
regulations shall not apply to a public water system--
            (1) which consists only of distribution and storage 
        facilities (and does not have any collection and 
        treatment facilities);
            (2) which obtains all of its water from, but is not 
        owned or operated by, a public water system to which 
        such regulations apply;
            (3) which does not sell water to any person; and
            (4) which is not a carrier which conveys passengers 
        in interstate commerce.

[42 U.S.C. 300g]


                  national drinking water regulations


    Sec. 1412. (a)(1) Effective on the enactment of the Safe 
Drinking Water Act Amendments of 1986, each national interim or 
revised primary drinking water regulation promulgated under 
this section before such enactment shall be deemed to be a 
national primary drinking water regulation under subsection 
(b). No such regulation shall be required to comply with the 
standards set forth in subsection (b)(4) unless such regulation 
is amended to establish a different maximum contaminant level 
after the enactment of such amendments.
    (2) After the enactment of the Safe Drinking Water Act 
Amendments of 1986 each recommended maximum contaminant level 
published before the enactment of such amendments shall be 
treated as a maximum contaminant level goal.
    (3) Whenever a national primary drinking water regulation 
is proposed under [paragraph (1), (2), or (3) of subsection 
(b)] subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be proposed 
simultaneously. Whenever a national primary drinking water 
regulation is promulgated under [paragraph (1), (2), or (3) of 
subsection (b)] subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be published 
simultaneously.
    (4) Paragraph (3) shall not apply to any recommended 
maximum contaminant level published before the enactment of the 
Safe Drinking Water Act Amendments of 1986.
    [(b)(1) In the case of those 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--
                    [(A) not later than 12 months after the 
                enactment of the Safe Drinking Water Act 
                Amendments of 1986 for not less than 9 of those 
                listed contaminants;
                    [(B) not later than 24 months after such 
                enactment for not less than 40 of those listed 
                contaminants; and
                    [(C) not later than 36 months after such 
                enactment for the remainder of such listed 
                contaminants.
            [(2)(A) 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 paragraph (1) than a 
        contaminant referred to in paragraph (1), the 
        Administrator may publish a maximum contaminant level 
        goal and promulgate a national primary drinking water 
        regulation for such identified contaminant in lieu of 
        regulating the contaminant referred to in such 
        paragraph. There may be no more than 7 contaminants in 
        paragraph (1) for which substitutions may be made. 
        Regulation of a contaminant identified under this 
        paragraph shall be in accordance with the schedule 
        applicable to the contaminant for which the 
        substitution is made.
                    [(B) If the Administrator identifies one or 
                more contaminants for substitution under this 
                paragraph, the Administrator shall publish in 
                the Federal Register not late than one year 
                after the enactment of the Safe Drinking Water 
                Act Amendments of 1986 a list of contaminants 
                proposed for substitution, the contaminants 
                referred to in paragraph (1) for which 
                substitutions are to be made, and the basis for 
                the judgment that regulation of such proposed 
                substitute contaminants is more likely to be 
                protective public health (taking into account 
                the schedule for regulation under such 
                paragraph). Following a period of 60 days for 
                public comment, the Administrator shall publish 
                in the Federal Register a final list of 
                contaminants to be substituted and contaminants 
                referred to in paragraph (1) for which 
                substitutions are to be made, together with 
                responses to significant comments.
                    [(C) Any contaminant referred to in 
                paragraph (1) for which a substitution is made, 
                pursuant to subparagraph (A) of this paragraph, 
                shall be included on the priority list to be 
                published by the Administrator not later than 
                January 1, 1988, pursuant to paragraph (3)(A).
                    [(D) The Administrator's decision to 
                regulate a contaminant identified pursuant to 
                this paragraph in lieu of a contaminant 
                referred to in paragraph (1) shall not be 
                subject to judicial review.
            [(3)(A) The Administrator shall publish maximum 
        contaminant level goals and promulgate national primary 
        drinking water regulations for each contaminant (other 
        than a contaminant referred to in paragraph (1) or (2) 
        for which a national primary drinking water regulation 
        was promulgated) which, in the judgment of the 
        Administrator, may have any adverse effect on the 
        health of persons and which is known or anticipated to 
        occur in public water systems. Not later than January 
        1, 1988, and at 3-year intervals thereafter, the 
        Administrator shall publish a list of contaminants 
        which are known or anticipated to occur in public water 
        systems and which may require regulation under this 
        Act.
                    [(B) For the purpose of establishing the 
                list under subparagraph (A), the Administrator 
                shall form an advisory working group including 
                members from the National Toxicology Program 
                and the Environmental Protection Agency's 
                Offices of Drinking Water, Pesticides, Toxic 
                Substances, Ground Water, Solid Waste and 
                Emergency Response and any others the 
                Administrator deems appropriate. The 
                Administrator's consideration of priorities 
                shall include, but not be limited to, 
                substances referred to in section 101(14) of 
                the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980, and 
                substances registered as pesticides under the 
                Federal Insecticide, Fungicide, and Rodenticide 
                Act.
                    [(C) Not later than 24 months after the 
                listing of contaminants under subparagraph (A), 
                the Administrator shall publish proposed 
                maximum contaminant level goals and national 
                primary drinking water regulations for not less 
                than 25 contaminants from the list established 
                under subparagraph (A).
                    [(D) Not later than 36 months after the 
                listing of contaminants under subparagraph (A), 
                the Administrator shall publish a maximum 
                contaminant goal and promulgate a national 
                primary drinking water regulation for those 
                contaminants for which proposed maximum 
                contaminant level goals and proposed national 
                primary drinking water regulations were 
                published under subparagraph (C).]
    (b) Standards._
            (1) Identification of contaminants for listing._
                    (A) General authority.--The Administrator 
                shall, in accordance with the procedures 
                established by this subsection, publish a 
                maximum contaminant level goal and promulgate a 
                national primary drinking water regulation for 
                a 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 1996) 
                if the Administrator determines that--
                            (i) the contaminant may have an 
                        adverse effect on the health of 
                        persons;
                            (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; and
                            (iii) in the sole judgment of the 
                        Administrator, regulation of such 
                        contaminant presents a meaningful 
                        opportunity for health risk reduction 
                        for persons served by public water 
                        systems.
                    (B) Regulation of unregulated 
                contaminants.--
                            (i) Listing of contaminants for 
                        consideration.--(I) Not later than 18 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996 and every 5 years thereafter, 
                        the Administrator, after consultation 
                        with the scientific community, 
                        including the Science Advisory Board, 
                        after notice and opportunity for public 
                        comment, and after considering the 
                        occurrence data base established under 
                        section 1445(g), shall publish a list 
                        of contaminants which, at the time of 
                        publication, are not subject to any 
                        proposed or promulgated national 
                        primary drinking water regulation, 
                        which are known or anticipated to occur 
                        in public water systems, and which may 
                        require regulation under this title.
                            (II) The unregulated contaminants 
                        considered under subclause (I) shall 
                        include, but not be limited to, 
                        substances referred to in section 
                        101(14) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980, and 
                        substances registered as pesticides 
                        under the Federal Insecticide, 
                        Fungicide, and Rodenticide Act.
                            (III) The Administrator's decision 
                        whether or not to select an unregulated 
                        contaminant for a list under this 
                        clause shall not be subject to judicial 
                        review.
                            (ii) Determination to regulate.--
                        (I) Not later than 5 years after the 
                        date of enactment of the Safe Drinking 
                        Water Act Amendments of 1996, and every 
                        5 years thereafter, the Administrator 
                        shall, after notice of the preliminary 
                        determination and opportunity for 
                        public comment, for not fewer than 5 
                        contaminants included on the list 
                        published under clause (i), make 
                        determinations of whether or not to 
                        regulate such contaminants.
                            (II) A determination to regulate a 
                        contaminant shall be based on findings 
                        that the criteria of clauses (i), (ii), 
                        and (iii) of subparagraph (A) are 
                        satisfied. Such findings shall be based 
                        on the best available public health 
                        information, including the occurrence 
                        data base established under section 
                        1445(g).
                            (III) The Administrator may make a 
                        determination to regulate a contaminant 
                        that does not appear on a list under 
                        clause (i) if the determination to 
                        regulate is made pursuant to subclause 
                        (II).
                            (IV) A determination under this 
                        clause not to regulate a contaminant 
                        shall be considered final agency action 
                        and subject to judicial review.
                            (iii) Review.--Each document 
                        setting forth the determination for a 
                        contaminant under clause (ii) shall be 
                        available for public comment at such 
                        time as the determination is published.
                    (C) Priorities.--In selecting unregulated 
                contaminants for consideration under 
                subparagraph (B), the Administrator shall 
                select contaminants that present the greatest 
                public health concern. The Administrator, in 
                making such selection, shall take into 
                consideration, among other factors of public 
                health concern, the effect of such contaminants 
                upon subgroups that comprise a meaningful 
                portion of the general population (such as 
                infants, children, pregnant women, the elderly, 
                individuals with a history of serious illness, 
                or other subpopulations) that are identifiable 
                as being at greater risk of adverse health 
                effects due to exposure to contaminants in 
                drinking water than the general population.
                    (D) Urgent threats to public health.--The 
                Administrator may promulgate an interim 
                national primary drinking water regulation for 
                a contaminant without making a determination 
                for the contaminant under paragraph (4)(C), or 
                completing the analysis under paragraph (3)(C), 
                to address an urgent threat to public health as 
                determined by the Administrator after 
                consultation with and written response to any 
                comments provided by the Secretary of Health 
                and Human Services, acting through the director 
                of the Centers for Disease Control and 
                Prevention or the director of the National 
                Institutes of Health. A determination for any 
                contaminant in accordance with paragraph (4)(C) 
                subject to an interim regulation under this 
                subparagraph shall be issued, and a completed 
                analysis meeting the requirements of paragraph 
                (3)(C) shall be published, not later than 3 
                years after the date on which the regulation is 
                promulgated and the regulation shall be 
                repromulgated, or revised if appropriate, not 
                later than 5 years after that date.
                    (E) Regulation.--For each contaminant that 
                the Administrator determines to regulate under 
                subparagraph (B), the Administrator shall 
                publish maximum contaminant level goals and 
                promulgate, by rule, national primary drinking 
                water regulations under this subsection. The 
                Administrator shall propose the maximum 
                contaminant level goal and national primary 
                drinking water regulation for a contaminant not 
                later than 24 months after the determination to 
                regulate under subparagraph (B), and may 
                publish such proposed regulation concurrent 
                with the determination to regulate. The 
                Administrator shall publish a maximum 
                contaminant level goal and promulgate a 
                national primary drinking water regulation 
                within 18 months after the proposal thereof. 
                The Administrator, by notice in the Federal 
                Register, may extend the deadline for such 
                promulgation for up to 9 months.
                    (F) Health advisories and other actions.--
                The Administrator may publish health advisories 
                (which are not regulations) or take other 
                appropriate actions for contaminants not 
                subject to any national primary drinking water 
                regulation.
            (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.--The Administrator shall promulgate 
                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 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 schedule referred to in this subparagraph, 
                all subsequent rules shall be completed as 
                expeditiously as practicable but no later than 
                a revised date that reflects the interval or 
                intervals for the rules in the schedule.
            (3) Risk assessment, management, and 
        communication.--
                    (A) Use of science in decisionmaking.--In 
                carrying out this section, and, to the degree 
                that an Agency action is based on science, the 
                Administrator shall use--
                            (i) the best available, peer-
                        reviewed science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices; and
                            (ii) data collected by accepted 
                        methods or best available methods (if 
                        the reliability of the method and the 
                        nature of the decision justifies use of 
                        the data).
                    (B) Public information.--In carrying out 
                this section, the Administrator shall ensure 
                that the presentation of information on public 
                health effects is comprehensive, informative, 
                and understandable. The Administrator shall, in 
                a document made available to the public in 
                support of a regulation promulgated under this 
                section, specify, to the extent practicable--
                            (i) each population addressed by 
                        any estimate of public health effects;
                            (ii) the expected risk or central 
                        estimate of risk for the specific 
                        populations;
                            (iii) each appropriate upper-bound 
                        or lower-bound estimate of risk;
                            (iv) each significant uncertainty 
                        identified in the process of the 
                        assessment of public health effects and 
                        studies that would assist in resolving 
                        the uncertainty; and
                            (v) peer-reviewed studies known to 
                        the Administrator that support, are 
                        directly relevant to, or fail to 
                        support any estimate of public health 
                        effects and the methodology used to 
                        reconcile inconsistencies in the 
                        scientific data.
                    (C) Health risk reduction and cost 
                analysis.--
                            (i) Maximum contaminant levels.--
                        When proposing any national primary 
                        drinking water regulation that includes 
                        a maximum contaminant level, the 
                        Administrator shall, with respect to a 
                        maximum contaminant level that is being 
                        considered in accordance with paragraph 
                        (4) and each alternative maximum 
                        contaminant level that is being 
                        considered pursuant to paragraph (5) or 
                        (6)(A), publish, seek public comment 
                        on, and use for the purposes of 
                        paragraphs (4), (5), and (6) an 
                        analysis of each of the following:
                                    (I) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur as the result of 
                                treatment to comply with each 
                                level.
                                    (II) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur from reductions in co-
                                occurring contaminants that may 
                                be attributed solely to 
                                compliance with the maximum 
                                contaminant level, excluding 
                                benefits resulting from 
                                compliance with other proposed 
                                or promulgated regulations.
                                    (III) Quantifiable and 
                                nonquantifiable costs for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such costs are likely to 
                                occur solely as a result of 
                                compliance with the maximum 
                                contaminant level, including 
                                monitoring, treatment, and 
                                other costs and excluding costs 
                                resulting from compliance with 
                                other proposed or promulgated 
                                regulations.
                                    (IV) The incremental costs 
                                and benefits associated with 
                                each alternative maximum 
                                contaminant level considered.
                                    (V) The effects of the 
                                contaminant on the general 
                                population and on groups within 
                                the general population such as 
                                infants, children, pregnant 
                                women, the elderly, individuals 
                                with a history of serious 
                                illness, or other 
                                subpopulations that are 
                                identified as likely to be at 
                                greater risk of adverse health 
                                effects due to exposure to 
                                contaminants in drinking water 
                                than the general population.
                                    (VI) Any increased health 
                                risk that may occur as the 
                                result of compliance, including 
                                risks associated with co-
                                occurring contaminants.
                                    (VII) Other relevant 
                                factors, including the quality 
                                and extent of the information, 
                                the uncertainties in the 
                                analysis supporting subclauses 
                                (I) through (VI), and factors 
                                with respect to the degree and 
                                nature of the risk.
                            (ii) Treatment techniques.--When 
                        proposing a national primary drinking 
                        water regulation that includes a 
                        treatment technique in accordance with 
                        paragraph (7)(A), the Administrator 
                        shall publish and seek public comment 
                        on an analysis of the health risk 
                        reduction benefits and costs likely to 
                        be experienced as the result of 
                        compliance with the treatment technique 
                        and alternative treatment techniques 
                        that are being considered, taking into 
                        account, as appropriate, the factors 
                        described in clause (i).
                            (iii) Approaches to measure and 
                        value benefits.--The Administrator may 
                        identify valid approaches for the 
                        measurement and valuation of benefits 
                        under this subparagraph, including 
                        approaches to identify consumer 
                        willingness to pay for reductions in 
                        health risks from drinking water 
                        contaminants.
                            (iv) Authorization.--There are 
                        authorized to be appropriated to the 
                        Administrator, acting through the 
                        Office of Ground Water and Drinking 
                        Water, to conduct studies, assessments, 
                        and analyses in support of regulations 
                        or the development of methods, 
                        $35,000,000 for each of fiscal years 
                        1996 through 2003.
            [(4) Each] (4) Goals and standards.--
                    (A) Maximum contaminant level goals.--Each 
                maximum contaminant level goal established 
                under this subsection shall be set at the level 
                at which no known or anticipated adverse 
                effects on the health of persons occur and 
                which allows an adequate margin of safety.
                     [Each national] (B) Maximum contaminant 
                levels.--Except as provided in paragraphs (5) 
                and (6), each national primary drinking water 
                regulation for a contaminant for which a 
                [maximum level] maximum contaminant level goal 
                is established under this subsection shall 
                specify a [maximum level] maximum contaminant 
                level for such contaminant which is as close to 
                the maximum contaminant level goal as is 
                feasible.
                    (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).
                    [(5) For the] (D) Definition of feasible.--
                For the purposes of this subsection, the term 
                ``feasible'' means feasible with the use of the 
                best technology, treatment techniques and other 
                means which the Administrator finds, after 
                examination for efficacy under field conditions 
                and not solely under laboratory conditions, are 
                available (taking cost into consideration). For 
                the purpose of [paragraph 4] this paragraph, 
                granular activated carbon is feasible for the 
                control of synthetic organic chemicals, and any 
                technology, treatment technique, or other means 
                found to be the best available for the control 
                of synthetic organic chemicals must be at least 
                as effective in controlling synthetic organic 
                chemicals as granular activated carbon.
                    [(6) Each national] (E) Feasible 
                technologies.--
                            (i) In general.--Each national 
                        primary drinking water regulation which 
                        establishes a maximum contaminant level 
                        shall list the technology, treatment 
                        techniques, and other means which the 
                        Administrator finds to be feasible for 
                        purposes of meeting such maximum 
                        contaminant level, but a regulation 
                        under [this paragraph] this subsection 
                        shall not require that any specified 
                        technology, treatment technique, or 
                        other means be used for purposes of 
                        meeting such maximum contaminant level.
                            (ii) List of technologies for small 
                        systems.--The Administrator shall 
                        include in the list any technology, 
                        treatment technique, or other means 
                        that is affordable, as determined by 
                        the Administrator in consultation with 
                        the States, for small public water 
                        systems serving--
                                    (I) a population of 10,000 
                                or fewer but more than 3,300;
                                    (II) a population of 3,300 
                                or fewer but more than 500; and
                                    (III) a population of 500 
                                or fewer but more than 25;
                        and that achieves compliance with the 
                        maximum contaminant level or treatment 
                        technique, including packaged or 
                        modular systems and point-of-entry or 
                        point-of-use treatment units. Point-of-
                        entry and point-of-use treatment units 
                        shall be owned, controlled and 
                        maintained by the public water system 
                        or by a person under contract with the 
                        public water system to ensure proper 
                        operation and maintenance and 
                        compliance with the maximum contaminant 
                        level or treatment technique and 
                        equipped with mechanical warnings to 
                        ensure that customers are automatically 
                        notified of operational problems. The 
                        Administrator shall not include in the 
                        list any point-of-use treatment 
                        technology, treatment technique, or 
                        other means to achieve compliance with 
                        a maximum contaminant level or 
                        treatment technique requirement for a 
                        microbial contaminant (or an indicator 
                        of a microbial contaminant). If the 
                        American National Standards Institute 
                        has issued product standards applicable 
                        to a specific type of point-of-entry or 
                        point-of-use treatment unit, individual 
                        units of that type shall not be 
                        accepted for compliance with a maximum 
                        contaminant level or treatment 
                        technique requirement unless they are 
                        independently certified in accordance 
                        with such standards. In listing any 
                        technology, treatment technique, or 
                        other means pursuant to this clause, 
                        the Administrator shall consider the 
                        quality of the source water to be 
                        treated.
                            (iii) List of technologies that 
                        achieve compliance.--Except as provided 
                        in clause (v), not later than 2 years 
                        after the date of enactment of this 
                        clause and after consultation with the 
                        States, the Administrator shall issue a 
                        list of technologies that achieve 
                        compliance with the maximum contaminant 
                        level or treatment technique for each 
                        category of public water systems 
                        described in subclauses (I), (II), and 
                        (III) of clause (ii) for each national 
                        primary drinking water regulation 
                        promulgated prior to the date of 
                        enactment of this paragraph.
                            (iv) Additional technologies.--The 
                        Administrator may, at any time after a 
                        national primary drinking water 
                        regulation has been promulgated, 
                        supplement the list of technologies 
                        describing additional or new or 
                        innovative treatment technologies that 
                        meet the requirements of this paragraph 
                        for categories of small public water 
                        systems described in subclauses (I), 
                        (II), and (III) of clause (ii) that are 
                        subject to the regulation.
                            (v) Technologies that meet surface 
                        water treatment rule.--Within one year 
                        after the date of enactment of this 
                        clause, the Administrator shall list 
                        technologies that meet the Surface 
                        Water Treatment Rule for each category 
                        of public water systems described in 
                        subclauses (I), (II), and (III) of 
                        clause (ii).
            (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) (relating to small system 
                        variances);
                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 
                eligible under section 1415(e) for a small 
                system variance.
                    (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 
                (as described in paragraph (2)(C)) for 
                contaminants that are disinfectants or 
                disinfection byproducts, or to establish a 
                maximum contaminant level or treatment 
                technique requirement for the control of 
                cryptosporidium. The authority of this 
                paragraph may be used to establish regulations 
                for the use of disinfection by systems relying 
                on ground water sources as required by 
                paragraph (8).
                    (D) Judicial review.--A determination by 
                the Administrator that the benefits of a 
                maximum contaminant level or treatment 
                requirement justify or do not justify the costs 
                of complying with the level shall be reviewed 
                by the court pursuant to section 1448 only as 
                part of a review of a final national primary 
                drinking water regulation that has been 
                promulgated based on the determination and 
                shall not be set aside by the court under that 
                section unless the court finds that the 
                determination is arbitrary and capricious.
    (7)(A) The Administrator is authorized to promulgate a 
national primary drinking water regulation that requires the 
use of a treatment technique in lieu of establishing a maximum 
contaminant level, if the Administrator makes a finding that it 
is not economically or technologically feasible to ascertain 
the level of the contaminant. In such case, the Administrator 
shall identify those treatment techniques which, in the 
Administrator's judgment, would prevent known or anticipated 
adverse effects on the health of persons to the extent 
feasible. Such regulations shall specify each treatment 
technique known to the Administrator which meets the 
requirements of this paragraph, but the Administrator may grant 
a variance from any specified treatment technique in accordance 
with section 1415(a)(3).
    (B) Any schedule referred to in this subsection for the 
promulgation of a national primary drinking water regulation 
for any contaminant shall apply in the same manner if the 
regulation requires a treatment technique in lieu of 
establishing a maximum contaminant level.
    (C)(i) Not later than 18 months after the enactment of the 
Safe Drinking Water Act Amendments of 1986, the Administrator 
shall propose and promulgate national primary drinking water 
regulations specifying criteria under which filtration 
(including coagulation and sedimentation, as appropriate) is 
required as a treatment technique for public water systems 
supplied by surface water sources. In promulgating such rules, 
the Administrator shall consider the quality of source waters, 
protection afforded by watershed management, treatment 
practices (such as disinfection and length of water storage) 
and other factors relevant to protection of health.
    (ii) In lieu of the provisions of section 1415 the 
Administrator shall specify procedures by which the State 
determines which public water systems within its jurisdiction 
shall adopt filtration under the criteria of clause (i). The 
State may require the public water system to provide studies or 
other information to assist in this determination. The 
procedures shall provide notice and opportunity for public 
hearing on this determination. If the State determines that 
filtration is required, the State shall prescribe a schedule 
for compliance by the public water system with the filtration 
requirement. A schedule shall require compliance within 18 
months of a determination made under clause (iii).
    (iii) Within 18 months from the time that the Administrator 
establishes the criteria and procedures under this 
subparagraph, a State with primary enforcement responsibility 
shall adopt any necessary regulations to implement this 
subparagraph. Within 12 months of adoption of such regulations 
the State shall make determinations regarding filtration for 
all the public water systems within its jurisdiction supplied 
by surface waters.
    (iv) If a State does not have primary enforcement 
responsibility for public water systems, the Administrator 
shall have the same authority to make the determination in 
clause (ii) in such State as the State would have under that 
clause. Any filtration requirement or schedule under this 
subparagraph shall be treated as if it were a requirement of a 
national primary drinking water regulation.
    (v) As an additional alternative to the regulations 
promulgated pursuant to clauses (i) and (iii), including the 
criteria for avoiding filtration contained in 40 CFR 141.71, a 
State exercising primary enforcement responsibility for public 
water systems may, on a case-by-case basis, and after notice 
and opportunity for public comment, establish treatment 
requirements as an alternative to filtration in the case of 
systems having uninhabited, undeveloped watersheds in 
consolidated ownership, and having control over access to, and 
activities in, those watersheds, if the State determines (and 
the Administrator concurs) that the quality of the source water 
and the alternative treatment requirements established by the 
State ensure greater removal or inactivation efficiencies of 
pathogenic organisms for which national primary drinking water 
regulations have been promulgated or that are of public health 
concern than would be achieved by the combination of filtration 
and chlorine disinfection (in compliance with this section).
            [(8) Not later than 36 months after the enactment 
        of the Safe Drinking Water Act Amendments of 1986, the 
        Administrator shall propose and promulgate] 
        Disinfection.--At any time after the end of the 3-year 
        period that begins on the date of enactment of the Safe 
        Drinking Water Act Amendments of 1996, but not later 
        than the date on which the Administrator promulgates a 
        Stage II rulemaking for disinfectants and disinfection 
        byproducts (as described in paragraph (2)(C)), the 
        Administrator shall also promulgate national primary 
        drinking water regulations requiring disinfection as a 
        treatment technique for all public water systems, 
        including surface water systems and, as necessary, 
        ground water systems. After consultation with the 
        States, the Administrator shall (as part of the 
        regulations) promulgate criteria that the 
        Administrator, or a State that has primary enforcement 
        responsibility under section 1413, shall apply to 
        determine whether disinfection shall be required as a 
        treatment technique for any public water system served 
        by ground water. The Administrator shall simultaneously 
        promulgate a rule specifying criteria that will be used 
        by the Administrator (or delegated State authorities) 
        to grant variances from this requirement according to 
        the provisions of sections 1415(a)(1)(B) and 
        1415(a)(3). In implementing section [1442(g)] 1442(e) 
        the Administrator or the delegated State authority 
        shall, where appropriate, give special consideration to 
        providing technical assistance to small public water 
        systems in complying with the regulations promulgated 
        under this paragraph.
            [(9) National primary drinking water regulations 
        shall be amended whenever changes in technology, 
        treatment techniques, and other means permit greater 
        protection of the health of persons, but in any event 
        such regulations shall be reviewed at least once every 
        3 years. Such review shall include an analysis of 
        innovations or changes in technology, treatment 
        techniques or other activities that have occurred over 
        the previous 3-year period and that may Drovide for 
        greater protection of the health of Dersons. The 
        findings of such review shall be published in the 
        Federal Register. If, after opportunity for public 
        comment, the Administrator concludes that the 
        technology, treatment techniques, or other means 
        resulting from such innovations or changes are not 
        feasible within the meaning of Daraaraph (5), an 
        explanation of such conclusion shall be pubished in the 
        Federal Register.]
            (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.
            [National primary drinking water regulations 
        promulgated under this subsection (and amendments 
        thereto) shall take effect eighteen months after the 
        date of their promulgation. Regulations under 
        subsection (a) shall be superseded by regulations under 
        this subsection to the extent provided by the 
        regulations under this subsection.]
            (10) Effective date.--A national primary drinking 
        water regulation promulgated under this section (and 
        any amendment thereto) shall take effect on the date 
        that is 3 years after the date on which the regulation 
        is promulgated unless the Administrator determines that 
        an earlier date is practicable, except that the 
        Administrator, or a State (in the case of an individual 
        system), may allow up to 2 additional years to comply 
        with a maximum contaminant level or treatment technique 
        if the Administrator or State (in the case of an 
        individual system) determines that additional time is 
        necessary for capital improvements.
            (11) No national primary drinking water regulation 
        may require the addition of any substance for 
        preventive health care purposes unrelated to 
        contamination of drinking water.
            (12) Certain contaminants.--
                    (A) Arsenic.--
                            (i) Schedule and standard.--
                        Notwithstanding the deadlines set forth 
                        in paragraph (1), the Administrator 
                        shall promulgate a national primary 
                        drinking water regulation for arsenic 
                        pursuant to this subsection, in 
                        accordance with the schedule 
                        established by this paragraph.
                            (ii) Study plan.--Not later than 
                        180 days after the date of enactment of 
                        this paragraph, the Administrator shall 
                        develop a comprehensive plan for study 
                        in support of drinking water rulemaking 
                        to reduce the uncertainty in assessing 
                        health risks associated with exposure 
                        to low levels of arsenic. In conducting 
                        such study, the Administrator shall 
                        consult with the National Academy of 
                        Sciences, other Federal agencies, and 
                        interested public and private entities.
                            (iii) Cooperative agreements.--In 
                        carrying out the study plan, the 
                        Administrator may enter into 
                        cooperative agreements with other 
                        Federal agencies, State and local 
                        governments, and other interested 
                        public and private entities.
                            (iv) Proposed regulations.--The 
                        Administrator shall propose a national 
                        primary drinking water regulation for 
                        arsenic not later than January 1, 2000.
                            (v) Final regulations.--Not later 
                        than January 1, 2001, after notice and 
                        opportunity for public comment, the 
                        Administrator shall promulgate a 
                        national primary drinking water 
                        regulation for arsenic.
                            (vi) Authorization.--There are 
                        authorized to be appropriated 
                        $2,500,000 for each of fiscal years 
                        1997 through 2000 for the studies 
                        required by this paragraph.
                    (B) Sulfate.--
                            (i) Additional study.--Prior to 
                        promulgating a national primary 
                        drinking water regulation for sulfate, 
                        the Administrator and the Director of 
                        the Centers for Disease Control and 
                        Prevention shall jointly conduct an 
                        additional study to establish a 
                        reliable dose-response relationship for 
                        the adverse human health effects that 
                        may result from exposure to sulfate in 
                        drinking water, including the health 
                        effects that may be experienced by 
                        groups within the general population 
                        (including infants and travelers) that 
                        are potentially at greater risk of 
                        adverse health effects as the result of 
                        such exposure. The study shall be 
                        conducted in consultation with 
                        interested States, shall be based on 
                        the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices, and 
                        shall be completed not later than 30 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996.
                    (ii) Determination.--The Administrator 
                shall include sulfate among the 5 or more 
                contaminants for which a determination is made 
                pursuant to paragraph (3)(B) not later than 5 
                years after the date of enactment of the Safe 
                Drinking Water Act Amendments of 1996.
                    (iii) Proposed and final rule.--
                Notwithstanding the deadlines set forth in 
                paragraph (2), the Administrator may, pursuant 
                to the authorities of this subsection and after 
                notice and opportunity for public comment, 
                promulgate a final national primary drinking 
                water regulation for sulfate. Any such 
                regulation shall include requirements for 
                public notification and options for the 
                provision of alternative water supplies to 
                populations at risk as a means of complying 
                with the regulation in lieu of a best available 
                treatment technology or other means.
            (13) Radon in drinking water.--
                    (A) National primary drinking water 
                regulation.--Notwithstanding paragraph (2), the 
                Administrator shall withdraw any national 
                primary drinking water regulation for radon 
                proposed prior to the date of enactment of this 
                paragraph and shall propose and promulgate a 
                regulation for radon under this section, as 
                amended by the Safe Drinking Water Act 
                Amendments of 1996.
                    (B) Risk assessment and studies.--
                            (i) Assessment by nas.--Prior to 
                        proposing a national primary drinking 
                        water regulation for radon, the 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        a risk assessment for radon in drinking 
                        water using the best available science 
                        in accordance with the requirements of 
                        paragraph (3). The risk assessment 
                        shall consider each of the risks 
                        associated with exposure to radon from 
                        drinking water and consider studies on 
                        the health effects of radon at levels 
                        and under conditions likely to be 
                        experienced through residential 
                        exposure. The risk assessment shall be 
                        peer-reviewed.
                            (ii) Study of other measures.--The 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        an assessment of the health risk 
                        reduction benefits associated with 
                        various mitigation measures to reduce 
                        radon levels in indoor air. The 
                        assessment may be conducted as part of 
                        the risk assessment authorized by 
                        clause (i) and shall be used by the 
                        Administrator to prepare the guidance 
                        and approve State programs under 
                        subparagraph (G).
                            (iii) Other organization.--If the 
                        National Academy of Sciences declines 
                        to prepare the risk assessment or 
                        studies required by this subparagraph, 
                        the Administrator shall enter into a 
                        contract or cooperative agreement with 
                        another independent, scientific 
                        organization to prepare such 
                        assessments or studies.
                    (C) Health risk reduction and cost 
                analysis.--Not later than 30 months after the 
                date of enactment of this paragraph, the 
                Administrator shall publish, and seek public 
                comment on, a health risk reduction and cost 
                analysis meeting the requirements of paragraph 
                (3)(C) for potential maximum contaminant levels 
                that are being considered for radon in drinking 
                water. The Administrator shall include a 
                response to all significant public comments 
                received on the analysis with the preamble for 
                the proposed rule published under subparagraph 
                (D).
                    (D) Proposed regulation.--Not later than 36 
                months after the date of enactment of this 
                paragraph, the Administrator shall propose a 
                maximum contaminant level goal and a national 
                primary drinking water regulation for radon 
                pursuant to this section.
                    (E) Final regulation.--Not later than 12 
                months after the date of the proposal under 
                subparagraph (D), the Administrator shall 
                publish a maximum contaminant level goal and 
                promulgate a national primary drinking water 
                regulation for radon pursuant to this section 
                based on the risk assessment prepared pursuant 
                to subparagraph (B) and the health risk 
                reduction and cost analysis published pursuant 
                to subparagraph (C). In considering the risk 
                assessment and the health risk reduction and 
                cost analysis in connection with the 
                promulgation of such a standard, the 
                Administrator shall take into account the costs 
                and benefits of control programs for radon from 
                other sources.
                    (F) Alternative maximum contaminant 
                level.--If the maximum contaminant level for 
                radon in drinking water promulgated pursuant to 
                subparagraph (E) is more stringent than 
                necessary to reduce the contribution to radon 
                in indoor air from drinking water to a 
                concentration that is equivalent to the 
                national average concentration of radon in 
                outdoor air, the Administrator shall, 
                simultaneously with the promulgation of such 
                level, promulgate an alternative maximum 
                contaminant level for radon that would result 
                in a contribution of radon from drinking water 
                to radon levels in indoor air equivalent to the 
                national average concentration of radon in 
                outdoor air. If the Administrator promulgates 
                an alternative maximum contaminant level under 
                this subparagraph, the Administrator shall, 
                after notice and opportunity for public comment 
                and in consultation with the States, publish 
                guidelines for State programs, including 
                criteria for multimedia measures to mitigate 
                radon levels in indoor air, to be used by the 
                States in preparing programs under subparagraph 
                (G). The guidelines shall take into account 
                data from existing radon mitigation programs 
                and the assessment of mitigation measures 
                prepared under subparagraph (B).
                    (G) Multimedia radon mitigation programs.--
                            (i) In general.--A State may 
                        develop and submit a multimedia program 
                        to mitigate radon levels in indoor air 
                        for approval by the Administrator under 
                        this subparagraph. If, after notice and 
                        the opportunity for public comment, 
                        such program is approved by the 
                        Administrator, public water systems in 
                        the State may comply with the 
                        alternative maximum contaminant level 
                        promulgated under subparagraph (F) in 
                        lieu of the maximum contaminant level 
                        in the national primary drinking water 
                        regulation promulgated under 
                        subparagraph (E).
                            (ii) Elements of programs.--State 
                        programs may rely on a variety of 
                        mitigation measures including public 
                        education, testing, training, technical 
                        assistance, remediation grant and loan 
                        or incentive programs, or other 
                        regulatory or nonregulatory measures. 
                        The effectiveness of elements in State 
                        programs shall be evaluated by the 
                        Administrator based on the assessment 
                        prepared by the National Academy of 
                        Sciences under subparagraph (B) and the 
                        guidelines published by the 
                        Administrator under subparagraph (F).
                            (iii) Approval.--The Administrator 
                        shall approve a State program submitted 
                        under this paragraph if the health risk 
                        reduction benefits expected to be 
                        achieved by the program are equal to or 
                        greater than the health risk reduction 
                        benefits that would be achieved if each 
                        public water system in the State 
                        complied with the maximum contaminant 
                        level promulgated under subparagraph 
                        (E). The Administrator shall approve or 
                        disapprove a program submitted under 
                        this paragraph within 180 days of 
                        receipt. A program that is not 
                        disapproved during such period shall be 
                        deemed approved. A program that is 
                        disapproved may be modified to address 
                        the objections of the Administrator and 
                        be resubmitted for approval.
                            (iv) Review.--The Administrator 
                        shall periodically, but not less often 
                        than every 5 years, review each 
                        multimedia mitigation program approved 
                        under this subparagraph to determine 
                        whether it continues to meet the 
                        requirements of clause (iii) and shall, 
                        after written notice to the State and 
                        an opportunity for the State to correct 
                        any deficiency in the program, withdraw 
                        approval of programs that no longer 
                        comply with such requirements.
                            (v) Extension.--If, within 90 days 
                        after the promulgation of an 
                        alternative maximum contaminant level 
                        under subparagraph (F), the Governor of 
                        a State submits a letter to the 
                        Administrator committing to develop a 
                        multimedia mitigation program under 
                        this subparagraph, the effective date 
                        of the national primary drinking water 
                        regulation for radon in the State that 
                        would be applicable under paragraph 
                        (10) shall be extended for a period of 
                        18 months.
                            (vi) Local programs.--In the event 
                        that a State chooses not to submit a 
                        multimedia mitigation program for 
                        approval under this subparagraph or has 
                        submitted a program that has been 
                        disapproved, any public water system in 
                        the State may submit a program for 
                        approval by the Administrator according 
                        to the same criteria, conditions, and 
                        approval process that would apply to a 
                        State program. The Administrator shall 
                        approve a multimedia mitigation program 
                        if the health risk reduction benefits 
                        expected to be achieved by the program 
                        are equal to or greater than the health 
                        risk reduction benefits that would 
                        result from compliance by the public 
                        water system with the maximum 
                        contaminant level for radon promulgated 
                        under subparagraph (E).
            (14) Recycling of filter backwash.--The 
        Administrator shall promulgate a regulation to govern 
        the recycling of filter backwash water within the 
        treatment process of a public water system. The 
        Administrator shall promulgate such regulation not 
        later than 4 years after the date of enactment of the 
        Safe Drinking Water Act Amendments of 1996 unless such 
        recycling has been addressed by the Administrator's 
        Enhanced Surface Water Treatment Rule prior to such 
        date.
             (15) Variance technologies._
                    (A) In general.--At the same time as the 
                Administrator promulgates a national primary 
                drinking water regulation for a contaminant 
                pursuant to this section, the Administrator 
                shall issue guidance or regulations describing 
                the best treatment technologies, treatment 
                techniques, or other means (referred to in this 
                paragraph as ``variance technology'') for the 
                contaminant that the Administrator finds, after 
                examination for efficacy under field conditions 
                and not solely under laboratory conditions, are 
                available and affordable, as determined by the 
                Administrator in consultation with the States, 
                for public water systems of varying size, 
                considering the quality of the source water to 
                be treated. The Administrator shall identify 
                such variance technologies 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,
                if, considering the quality of the source water 
                to be treated, no treatment technology is 
                listed for public water systems of that size 
                under paragraph (4)(E). Variance technologies 
                identified by the Administrator pursuant to 
                this paragraph may not achieve compliance with 
                the maximum contaminant level or treatment 
                technique requirement of such regulation, but 
                shall achieve the maximum reduction or 
                inactivation efficiency that is affordable 
                considering the size of the system and the 
                quality of the source water. The guidance or 
                regulations shall not require the use of a 
                technology from a specific manufacturer or 
                brand.
                    (B) Limitation.--The Administrator shall 
                not identify any variance technology under this 
                paragraph, unless the Administrator has 
                determined, considering the quality of the 
                source water to be treated and the expected 
                useful life of the technology, that the 
                variance technology is protective of public 
                health.
                    (C) Additional information.--The 
                Administrator shall include in the guidance or 
                regulations identifying variance technologies 
                under this paragraph any assumptions supporting 
                the public health determination referred to in 
                subparagraph (B), where such assumptions 
                concern the public water system to which the 
                technology may be applied, or its source 
                waters. The Administrator shall provide any 
                assumptions used in determining affordability, 
                taking into consideration the number of persons 
                served by such systems. The Administrator shall 
                provide as much reliable information as 
                practicable on performance, effectiveness, 
                limitations, costs, and other relevant factors 
                including the applicability of variance 
                technology to waters from surface and 
                underground sources.
                    (D) 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 variance technologies. 
                The Administrator shall, not less often than 
                every 7 years, or upon receipt of a petition 
                supported by substantial information, review 
                variance technologies identified under this 
                paragraph. The Administrator shall issue 
                revised guidance or regulations if new or 
                innovative variance technologies become 
                available that meet the requirements of this 
                paragraph and achieve an equal or greater 
                reduction or inactivation efficiency than the 
                variance technologies previously identified 
                under this subparagraph. No public water system 
                shall be required to replace a variance 
                technology during the useful life of the 
                technology for the sole reason that a more 
                efficient variance technology has been listed 
                under this subparagraph.
    (c) The Administrator shall publish proposed national 
secondary drinking water regulations within 270 days after the 
date of enactment of this title. Within 90 days after 
publication of any such regulation, he shall promulgate such 
regulation with such modifications as he deems appropriate. 
Regulations under this subsection may be amended from time to 
time.
    (d) Regulations under this section shall be prescribed in 
accordance with section 553 of title 5, United States Code 
(relating to rulemaking), except that the Administrator shall 
provide opportunity for public hearing prior to promulgation of 
such regulations. In proposing and promulgating regulations 
under this section, the Administrator shall consult with the 
Secretary and the National Drinking Water Advisory Council.
    (e) The Administrator shall request comments from the 
Science Advisory Board (established under the Environmental 
Research, Development, and Demonstration Act of 1978) prior to 
proposal of a maximum contaminant level goal and national 
primary drinking water regulation. The Board shall respond, as 
it deems appropriate, within the time period applicable for 
promulgation of the national primary drinking water standard 
concerned. This subsection shall, under no circumstances, be 
used to delay final promulgation of any national primary 
drinking water standard.

[42 U.S.C. 300g-1]

                state primary enforcement responsibility

    Sec. 1413. (a) For purposes of this title, a State has 
primary enforcement responsibility for public water systems 
during any period for which the Administrator determines 
(pursuant to regulations prescribed under subsection (b)) that 
such State--
            [(1) has adopted drinking water regulations which 
        are no less stringent than the national primary 
        drinking water regulations in effect under such section 
        1412(a) and 1412(b);]
            (1) has adopted drinking water regulations that are 
        no less stringent than the national primary drinking 
        water regulations promulgated by the Administrator 
        under subsections (a) and (b) of section 1412 not later 
        than 2 years after the date on which the regulations 
        are promulgated by the Administrator, except that the 
        Administrator may provide for an extension of not more 
        than 2 years if, after submission and review of 
        appropriate, adequate documentation from the State, the 
        Administrator determines that the extension is 
        necessary and justified;
            (2) has adopted and is implementing adequate 
        procedures for the enforcement of such State 
        regulations, including conducting such monitoring and 
        making such inspections as the Administrator may 
        require by regulation;
            (3) will keep such records and make such reports 
        with respect to its activities under paragraphs (1) and 
        (2) as the Administrator may require by regulation;
            (4) if it permits variances or exemptions, or both, 
        from the requirements of its drinking water regulations 
        which meet the requirements of paragraph (1), permits 
        such variances and exemptions under conditions and in a 
        manner which is not less stringent than the conditions 
        under, and the manner in, which variances and 
        exemptions may be granted under sections 1415 and 1416; 
        [and]
            (5) has adopted and can implement an adequate plan 
        for the provision of safe drinking water under 
        emergency circumstances including earthquakes, floods, 
        hurricanes, and other natural disasters, as 
        appropriate[.]; and
            (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.
    (b)(1) The Administrator shall, by regulation (proposed 
within 180 days of the date of the enactment of this title), 
prescribe the manner in which a State may apply to the 
Administrator for a determination that the requirements of 
paragraphs (1), (2), (3), and (4) of subsection (a) are 
satisfied with respect to the State, the manner in which the 
determination is made, the period for which the determination 
will be effective, and the manner in which the Administrator 
may determine that such requirements are no longer met. Such 
regulations shall require that before a determination of the 
Administrator that such requirements are met or are no longer 
met with respect to a State may become effective, the 
Administrator shall notify such State of the determination and 
the reasons therefor and shall provide an opportunity for 
public hearing on the determination. Such regulations shall be 
promulgated (with such modifications as the Administrator deems 
appropriate) within 90 days of the publication of the proposed 
regulations in the Federal Register. The Administrator shall 
promptly notify in writing the chief executive officer of each 
State of the promulgation of regulations under this paragraph. 
Such notice shall contain a copy of the regulations and shall 
specify a State's authority under this title when it is 
determined to have primary enforcement responsibility for 
public water systems.
    (2) When an application is submitted in accordance with the 
Administrator's regulations under paragraph (1), the 
Administrator shall within 90 days of the date on which such 
application is submitted (A) make the determination applied 
for, or (B) deny the application and notify the applicant in 
writing of the reasons for his denial.
    (c) Interim Primary Enforcement Authority.--A State that 
has primary enforcement authority under this section with 
respect to each existing national primary drinking water 
regulation shall be considered to have primary enforcement 
authority with respect to each new or revised national primary 
drinking water regulation during the period beginning on the 
effective date of a regulation adopted and submitted by the 
State with respect to the new or revised national primary 
drinking water regulation in accordance with subsection (b)(1) 
and ending at such time as the Administrator makes a 
determination under subsection (b)(2)(B) with respect to the 
regulation.

[42 U.S.C. 300g-2]

               enforcement of drinking water regulations

    Sec. 1414. (a)(1)(A) Whenever the Administrator finds 
during a period during which a State has primary enforcement 
responsibility for public water systems (within the meaning of 
section 1413(a)) that any public water system--
            (i) for which a variance under section 1415 or an 
        exemption under section 1416 is not in effect, does not 
        comply with [any national primary drinking water 
        regulation in effect under section 1412] 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 thereto,
he shall so notify the State and such public water system and 
provide such advice and technical assistance to such State and 
public water system as may be appropriate to bring the system 
into compliance [with such regulation or requirement] with the 
requirement by the earliest feasible time.
    (B) If, beyond the thirtieth day after the Administrator's 
notification under subparagraph (A), the State has not 
commenced appropriate enforcement action, the Administrator 
shall issue an order under subsection (g) requiring the public 
water system to comply with such [regulation or] applicable 
requirement or the Administrator shall commence a civil action 
under subsection (b).
            [(2) Whenever, on the basis of information 
        available to him, the Administrator finds during a 
        period during which a State does not have primary 
        enforcement responsibility for public water systems 
        that a public water system in such State--
                    [(A) for which a variance under section 
                1415(a)(2) or an exemption under section 
                1416(f) is not in effect, does not comply with 
                any national primary drinking water regulation 
                in effect under section 1412, or
                    [(B) for which a variance under section 
                1415(a)(2) or an exemption under section 
                1416(f) is in effect, does not comply with any 
                schedule or other requirement imposed pursuant 
                thereto,
        the Administrator shall issue an order under subsection 
        (g) requiring the public water system to comply with 
        such regulation or requirement or the Administrator 
        shall commence a civil action under subsection (b).]
            (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.
    (b) The Administrator may bring a civil action in the 
appropriate United States district court to require compliance 
with [a national primary drinking water regulation] any 
applicable requirement, with an order issued under subsection 
(g), or with any schedule or other requirement imposed pursuant 
to a variance or exemption granted under section 1415 or 1416 
if--
            (1) authorized under paragraph (1) or (2) of 
        subsection (a), or
            (2) if requested by (A) the chief executive officer 
        of the State in which is located the public water 
        system which is not in compliance with such regulation 
        or requirement, or (B) the agency of such State which 
        has jurisdiction over compliance by public water 
        systems in the State with national primary drinking 
        water regulations or State drinking water regulations.
The court may enter, in an action brought under this 
subsection, such judgment as protection of public health may 
require, taking into consideration the time necessary to comply 
and the availability of alternative water supplies; and, if the 
court determines that there has been a violation of the 
regulation or schedule or other requirement with respect to 
which the action was brought, the court may, taking into 
account the seriousness of the violation, the population at 
risk, and other appropriate factors, impose on the violator a 
civil penalty of not to exceed $25,000 for each day in which 
such violation occurs.
    [(c) Each owner or operator of a public water system shall 
give notice to the persons served by it--
    [(1) of any failure on the part of the public water system 
to--
            [(A) 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
            [(B) perform monitoring required by section 
        1445(a), and
    [(2) if the public water system is subject to a variance 
granted under section 1415(a)(1)(A) or 1415(a)(2) for an 
inability to meet a maximum contaminant level requirement or is 
subject to an exemption granted under section 1416, of--
            [(A) the existence of such variance or exemption, 
        and
            [(B) any failure to comply with the requirements of 
        any schedule prescribed pursuant to the variance or 
        exemption.
    [The Administrator shall by regulation prescribe the form, 
manner, and frequency for giving notice under this subsection. 
Within 15 months after the enactment of the Safe Drinking Water 
Act Amendments of 1986, the Administrator shall amend such 
regulations to provide for different types and frequencies of 
notice based on the differences between violations which are 
intermittent or infrequent and violations which are continuous 
or frequent. Such regulations shall also take into account the 
seriousness of any potential adverse health effects which may 
be involved. Notice of any violation of a maximum contaminant 
level or any other violation designated by the Administrator as 
posing a serious potential adverse health effect shall be given 
as soon as possible, but in no case later than 14 days after 
the violation. Notice of a continuous violation of a regulation 
other than a maximum contaminant level shall be given no less 
frequently than every 3 months. Notice of violations judged to 
be less serious shall be given no less frequently than 
annually. The Administrator shall specify the types of notice 
to be used to provide information as promptly and effectively 
as possible taking into account both the seriousness of any 
potential adverse health effects and the likelihood of reaching 
all affected persons. Notification of violations shall include 
notice by general circulation newspaper serving the area and, 
whenever appropriate, shall also include a press release to 
electronic media and individual mailings. Notice under this 
subsection shall provide a clear and readily understandable 
explanation of the violation, any potential adverse health 
effects, the steps that the system is taking to correct such 
violation and the necessity for seeking alternative water 
supplies, if any until the violation is corrected. Until such 
amended regulations are promulgated, the regulations in effect 
on the date of the enactment of the Safe Drinking Water Act 
Amendments of 1986 shall remain in effect. The Administrator 
may also require the owner or operator of a public water system 
to give notice to the persons served by it of contaminant 
levels of any unregulated contaminant required to be monitored 
under section 1445(a). Any person who violates this subsection 
or regulations issued under this subsection shall be subject to 
a civil penalty of not to exceed $25,000.]
    (c) Notice to Persons Served.--
            (1) In general.--Each owner or operator of a public 
        water system shall give notice of each of the following 
        to the persons served by the system:
                    (A) Notice of any failure on the part of 
                the public water system to--
                            (i) comply with an applicable 
                        maximum contaminant level or treatment 
                        technique requirement of, or a testing 
                        procedure prescribed by, a national 
                        primary drinking water regulation; or
                            (ii) perform monitoring required by 
                        section 1445(a).
                    (B) If the public water system is subject 
                to a variance granted under subsection 
                (a)(1)(A), (a)(2), or (e) of section 1415 for 
                an inability to meet a maximum contaminant 
                level requirement or is subject to an exemption 
                granted under section 1416, notice of--
                            (i) the existence of the variance 
                        or exemption; and
                            (ii) any failure to comply with the 
                        requirements of any schedule prescribed 
                        pursuant to the variance or exemption.
                    (C) Notice of the concentration level of 
                any unregulated contaminant for which the 
                Administrator has required public notice 
                pursuant to paragraph (2)(E).
            (2) Form, manner, and frequency of notice.--
                    (A) In general.--The Administrator shall, 
                by regulation, and after consultation with the 
                States, prescribe the manner, frequency, form, 
                and content for giving notice under this 
                subsection. The regulations shall--
                            (i) provide for different 
                        frequencies of notice based on the 
                        differences between violations that are 
                        intermittent or infrequent and 
                        violations that are continuous or 
                        frequent; and
                            (ii) take into account the 
                        seriousness of any potential adverse 
                        health effects that may be involved.
                    (B) State requirements.--
                            (i) In general.--A State may, by 
                        rule, establish alternative 
                        notification requirements--
                                    (I) with respect to the 
                                form and content of notice 
                                given under and in a manner in 
                                accordance with subparagraph 
                                (C); and
                                    (II) with respect to the 
                                form and content of notice 
                                given under subparagraph (D).
                            (ii) Contents.--The alternative 
                        requirements shall provide the same 
                        type and amount of information as 
                        required pursuant to this subsection 
                        and regulations issued under 
                        subparagraph (A).
                            (iii) Relationship to section 
                        1413.--Nothing in this subparagraph 
                        shall be construed or applied to modify 
                        the requirements of section 1413.
                    (C) Violations with potential to have 
                serious adverse effects on human health.--
                Regulations issued under subparagraph (A) shall 
                specify notification procedures for each 
                violation by a public water system that has the 
                potential to have serious adverse effects on 
                human health as a result of short-term 
                exposure. Each notice of violation provided 
                under this subparagraph shall--
                            (i) be distributed as soon as 
                        practicable after the occurrence of the 
                        violation, but not later than 24 hours 
                        after the occurrence of the violation;
                            (ii) provide a clear and readily 
                        understandable explanation of--
                                    (I) the violation;
                                    (II) the potential adverse 
                                effects on human health;
                                    (III) the steps that the 
                                public water system is taking 
                                to correct the violation; and
                                    (IV) the necessity of 
                                seeking alternative water 
                                supplies until the violation is 
                                corrected;
                            (iii) be provided to the 
                        Administrator or the head of the State 
                        agency that has primary enforcement 
                        responsibility under section 1413 as 
                        soon as practicable, but not later than 
                        24 hours after the occurrence of the 
                        violation; and
                            (iv) as required by the State 
                        agency in general regulations of the 
                        State agency, or on a case-by-case 
                        basis after the consultation referred 
                        to in clause (iii), considering the 
                        health risks involved--
                                    (I) be provided to 
                                appropriate broadcast media;
                                    (II) be prominently 
                                published in a newspaper of 
                                general circulation serving the 
                                area not later than 1 day after 
                                distribution of a notice 
                                pursuant to clause (i) or the 
                                date of publication of the next 
                                issue of the newspaper; or
                                    (III) be provided by 
                                posting or door-to-door 
                                notification in lieu of 
                                notification by means of 
                                broadcast media or newspaper.
                    (D) Written notice.--
                            (i) In general.--Regulations issued 
                        under subparagraph (A) shall specify 
                        notification procedures for violations 
                        other than the violations covered by 
                        subparagraph (C). The procedures shall 
                        specify that a public water system 
                        shall provide written notice to each 
                        person served by the system by notice 
                        (I) in the first bill (if any) prepared 
                        after the date of occurrence of the 
                        violation, (II) in an annual report 
                        issued not later than 1 year after the 
                        date of occurrence of the violation, or 
                        (III) by mail or direct delivery as 
                        soon as practicable, but not later than 
                        1 year after the date of occurrence of 
                        the violation.
                            (ii) Form and manner of notice.--
                        The Administrator shall prescribe the 
                        form and manner of the notice to 
                        provide a clear and readily 
                        understandable explanation of the 
                        violation, any potential adverse health 
                        effects, and the steps that the system 
                        is taking to seek alternative water 
                        supplies, if any, until the violation 
                        is corrected.
                    (E) Unregulated contaminants.--The 
                Administrator may require the owner or operator 
                of a public water system to give notice to the 
                persons served by the system of the 
                concentration levels of an unregulated 
                contaminant required to be monitored under 
                section 1445(a).
            (3) Reports.--
                    (A) Annual report by state.--
                            (i) In general.--Not later than 
                        January 1, 1998, and annually 
                        thereafter, each State that has primary 
                        enforcement responsibility under 
                        section 1413 shall prepare, make 
                        readily available to the public, and 
                        submit to the Administrator an annual 
                        report on violations of national 
                        primary drinking water regulations by 
                        public water systems in the State, 
                        including violations with respect to 
                        (I) maximum contaminant levels, (II) 
                        treatment requirements, (III) variances 
                        and exemptions, and (IV) monitoring 
                        requirements determined to be 
                        significant by the Administrator after 
                        consultation with the States.
                            (ii) Distribution.--The State shall 
                        publish and distribute summaries of the 
                        report and indicate where the full 
                        report is available for review.
                    (B) Annual report by administrator.--Not 
                later than July 1, 1998, and annually 
                thereafter, the Administrator shall prepare and 
                make available to the public an annual report 
                summarizing and evaluating reports submitted by 
                States pursuant to subparagraph (A) and notices 
                submitted by public water systems serving 
                Indian Tribes provided to the Administrator 
                pursuant to subparagraph (C) or (D) of 
                paragraph (2) and making recommendations 
                concerning the resources needed to improve 
                compliance with this title. The report shall 
                include information about public water system 
                compliance on Indian reservations and about 
                enforcement activities undertaken and financial 
                assistance provided by the Administrator on 
                Indian reservations, and shall make specific 
                recommendations concerning the resources needed 
                to improve compliance with this title on Indian 
                reservations.
            (4) Consumer confidence reports by community water 
        systems.--
                    (A) Annual reports to consumers.--The 
                Administrator, in consultation with public 
                water systems, environmental groups, public 
                interest groups, risk communication experts, 
                and the States, and other interested parties, 
                shall issue regulations within 24 months after 
                the date of enactment of this paragraph to 
                require each community water system to mail to 
                each customer of the system at least once 
                annually a report on the level of contaminants 
                in the drinking water purveyed by that system 
                (referred to in this paragraph as a ``consumer 
                confidence report''). Such regulations shall 
                provide a brief and plainly worded definition 
                of the terms ``maximum contaminant level 
                goal'', ``maximum contaminant level'', 
                ``variances'', and ``exemptions'' and brief 
                statements in plain language regarding the 
                health concerns that resulted in regulation of 
                each regulated contaminant. The regulations 
                shall also include a brief and plainly worded 
                explanation regarding contaminants that may 
                reasonably be expected to be present in 
                drinking water, including bottled water. The 
                regulations shall also provide for an 
                Environmental Protection Agency toll-free 
                hotline that consumers can call for more 
                information and explanation.
                    (B) Contents of report.--The consumer 
                confidence reports under this paragraph shall 
                include, but not be limited to, each of the 
                following:
                            (i) Information on the source of 
                        the water purveyed.
                            (ii) A brief and plainly worded 
                        definition of the terms ``maximum 
                        contaminant level goal'', ``maximum 
                        contaminant level'', ``variances'', and 
                        ``exemptions'' as provided in the 
                        regulations of the Administrator.
                            (iii) If any regulated contaminant 
                        is detected in the water purveyed by 
                        the public water system, a statement 
                        setting forth (I) the maximum 
                        contaminant level goal, (II) the 
                        maximum contaminant level, (III) the 
                        level of such contaminant in such water 
                        system, and (IV) for any regulated 
                        contaminant for which there has been a 
                        violation of the maximum contaminant 
                        level during the year concerned, the 
                        brief statement in plain language 
                        regarding the health concerns that 
                        resulted in regulation of such 
                        contaminant, as provided by the 
                        Administrator in regulations under 
                        subparagraph (A).
                            (iv) Information on compliance with 
                        national primary drinking water 
                        regulations, as required by the 
                        Administrator, and notice if the system 
                        is operating under a variance or 
                        exemption and the basis on which the 
                        variance or exemption was granted.
                            (v) Information on the levels of 
                        unregulated contaminants for which 
                        monitoring is required under section 
                        1445(a)(2) (including levels of 
                        cryptosporidium and radon where States 
                        determine they may be found).
                            (vi) A statement that the presence 
                        of contaminants in drinking water does 
                        not necessarily indicate that the 
                        drinking water poses a health risk and 
                        that more information about 
                        contaminants and potential health 
                        effects can be obtained by calling the 
                        Environmental Protection Agency 
                        hotline.
                A public water system may include such 
                additional information as it deems appropriate 
                for public education. The Administrator may, 
                for not more than 3 regulated contaminants 
                other than those referred to in subclause (IV) 
                of clause (iii), require a consumer confidence 
                report under this paragraph to include the 
                brief statement in plain language regarding the 
                health concerns that resulted in regulation of 
                the contaminant or contaminants concerned, as 
                provided by the Administrator in regulations 
                under subparagraph (A).
                    (C) Coverage.--The Governor of a State may 
                determine not to apply the mailing requirement 
                of subparagraph (A) to a community water system 
                serving fewer than 10,000 persons. Any such 
                system shall--
                            (i) inform, in the newspaper notice 
                        required by clause (iii) or by other 
                        means, its customers that the system 
                        will not be mailing the report as 
                        required by subparagraph (A);
                            (ii) make the consumer confidence 
                        report available upon request to the 
                        public; and
                            (iii) publish the report referred 
                        to in subparagraph (A) annually in one 
                        or more local newspapers serving the 
                        area in which customers of the system 
                        are located.
                    (D) Alternative to publication.--For any 
                community water system which, pursuant to 
                subparagraph (C), is not required to meet the 
                mailing requirement of subparagraph (A) and 
                which serves 500 persons or fewer, the 
                community water system may elect not to comply 
                with clause (i) or (iii) of subparagraph (C). 
                If the community water system so elects, the 
                system shall, at a minimum--
                            (i) prepare an annual consumer 
                        confidence report pursuant to 
                        subparagraph (B); and
                            (ii) provide notice at least once 
                        per year to each of its customers by 
                        mail, by door-to-door delivery, by 
                        posting or by other means authorized by 
                        the regulations of the Administrator 
                        that the consumer confidence report is 
                        available upon request.
                    (E) Alternative form and content.--A State 
                exercising primary enforcement responsibility 
                may establish, by rule, after notice and public 
                comment, alternative requirements with respect 
                to the form and content of consumer confidence 
                reports under this paragraph.
    (d) Whenever, on the basis of information available to him, 
the Administrator finds that within a reasonable time after 
national secondary drinking water regulations have been 
promulgated, one or more public water systems in a State do not 
comply with such secondary regulations, and that such 
noncompliance appears to result from a failure of such State to 
take reasonable action to assure that public water systems 
throughout such State meet such secondary regulations, he shall 
so notify the State.
    (e) Nothing in this title shall diminish any authority of a 
State or political subdivision to adopt or enforce any law or 
regulation respecting drinking water regulations or public 
water systems, but no such law or regulation shall relieve any 
person of any requirement otherwise applicable under this 
title.
    (f) If the Administrator makes a finding of noncompliance 
(described in subparagraph (A) or (B) of subsection (a)(1)) 
with respect to a public water system in a State which has 
primary enforcement responsibility, the Administrator may, for 
the purpose of assisting that State in carrying out such 
responsibility and upon the petition of such State or public 
water system or persons served by such system, hold, after 
appropriate notice, public hearings for the purpose of 
gathering information from technical or other experts, Federal, 
State, or other public officials, representatives of such 
public water system, persons served by such system, and other 
interested persons on--
            (1) the ways in which such system can within the 
        earliest feasible time be brought into compliance with 
        the regulation or requirement with respect to which 
        such finding was made, and
            (2) the means for the maximum feasible protection 
        of the public health during any period in which such 
        system is not in compliance with a national primary 
        drinking water regulation or requirement applicable to 
        a variance or exemption.
On the basis of such hearings the Administrator shall issue 
recommendations which shall be sent to such State and public 
water system and shall be made available to the public and 
communications media.
    (g)(1) In any case in which the Administrator is authorized 
to bring a civil action under this section or under section 
1445 with respect to any [regulation, schedule, or other] 
applicable requirement, the Administrator also may issue an 
order to require compliance with such [regulation, schedule, or 
other] applicable  requirement.
    (2) An order issued under this subsection shall not take 
[effect until after notice and opportunity for public hearing 
and,] effect, in the case of a State having primary enforcement 
responsibility for public water systems in that State, until 
after the Administrator has provided the State with an 
opportunity to confer with the Administrator regarding the 
[proposed] order. A copy of any order issued under this 
subsection shall be sent to the appropriate State agency of the 
State involved if the State has primary enforcement 
responsibility for public water systems in that State. Any 
order [proposed to be] issued under this subsection shall state 
with reasonable specificity the nature of the violation. In any 
case in which an order under this subsection is issued to a 
corporation, a copy of such order shall be issued to 
appropriate corporate officers.
    (3)(A) Any person who violates, or fails or refuses to 
comply with, an order under this subsection shall be liable to 
the United States for a civil penalty of not more than $25,000 
per day of violation.
    [(B) any failure to comply with the requirements of any 
schedule prescribed pursuant to the variance or exemption.
    [The Administrator shall by regulation prescribe the form, 
manner, and frequency for giving notice under this subsection. 
Within 15 months after the enactment of the Safe Drinking Water 
Act Amendments of 1986, the Administrator shall amend such 
regulations to provide for different types and frequencies of 
notice based on the differences between violations which are 
intermittent or infrequent and violations which are continuous 
or frequent. Such regulations shall also take into account the 
seriousness of any potential adverse health effects which may 
be involved. Notice of any violation of a maximum contaminant 
level or any other violation designated by the Administrator as 
posing a serious potential adverse health effect shall be given 
as soon as possible, but in no case later than 14 days after 
the violation. Notice of a continuous violation of a regulation 
other than a maximum contaminant level shall be given no less 
frequently than every 3 months. Notice of violations judged to 
be less serious shall be given no less frequently than 
annually. The Administrator shall specify the types of notice 
to be used to provide information as promptly and effectively 
as possible taking into account both the seriousness of any 
potential adverse health effects and the likelihood of reaching 
all affected persons. Notification of violations shall include 
notice by general circulation newspaper serving the area and, 
whenever appropriate, shall also include a press release to 
electronic media and individual mailings. Notice under this 
subsection shall provide a clear and readily understandable 
explanation of the violation, any potential adverse health 
effects, the steps that the system is taking to correct such 
violation and the necessity for seeking alternative water 
supplies, if any until the violation is corrected. Until such 
amended regulations are promulgated, the regulations in effect 
on the date of the enactment of the Safe Drinking Water Act 
Amendments of 1986 shall remain in effect. The Administrator 
may also require the owner or operator of a public water system 
to give notice to the persons served by it of contaminant 
levels of any unregulated contaminant required to be monitored 
under section 1445(a). Any person who violates this subsection 
or regulations issued under this subsection shall be subject to 
a civil penalty of not to exceed $25,000.]
    (B) In a case in which a civil penalty sought by the 
Administrator under this paragraph does not exceed $5,000, the 
penalty shall be assessed by the Administrator after notice and 
opportunity for a public hearing (unless the person against 
whom the penalty is assessed requests a hearing on the record 
in accordance with section 554 of title 5, United States Code). 
In a case in which a civil penalty sought by the Administrator 
under this paragraph exceeds $5,000, but does not exceed 
$25,000, the penalty shall be assessed by the Administrator 
after notice and opportunity for a hearing on the record in 
accordance with section 554 of title 5, United States Code.
    (C) Whenever any civil penalty sought by the Administrator 
under this [paragraph exceeds $5,000] subsection for a 
violation of an applicable requirement exceeds $25,000, the 
penalty shall be assessed by a civil action brought by the 
Administrator in the appropriate United States district court 
(as determined under the provisions of title 28 of the United 
States Code).
    (D) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court of appeals has entered final 
judgment in favor of the Administrator, the Attorney General 
shall recover the amount for which such person is liable in any 
appropriate district court of the United States. In any such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
    (h) Consolidation Incentive.--
            (1) In general.--An owner or operator of a public 
        water system may submit to the State in which the 
        system is located (if the State has primary enforcement 
        responsibility under section 1413) or to the 
        Administrator (if the State does not have primary 
        enforcement responsibility) a plan (including specific 
        measures and schedules) for--
                    (A) the physical consolidation of the 
                system with 1 or more other systems;
                    (B) the consolidation of significant 
                management and administrative functions of the 
                system with 1 or more other systems; or
                    (C) the transfer of ownership of the system 
                that may reasonably be expected to improve 
                drinking water quality.
            (2) Consequences of approval.--If the State or the 
        Administrator approves a plan pursuant to paragraph 
        (1), no enforcement action shall be taken pursuant to 
        this part with respect to a specific violation 
        identified in the approved plan prior to the date that 
        is the earlier of the date on which consolidation is 
        completed according to the plan or the date that is 2 
        years after the plan is approved.
    (i) Definition of Applicable Requirement.--In this section, 
the term ``applicable requirement'' means--
            (1) a requirement of section 1412, 1414, 1415, 
        1416, 1417, 1441, or 1445;
            (2) a regulation promulgated pursuant to a section 
        referred to in paragraph (1);
            (3) a schedule or requirement imposed pursuant to a 
        section referred to in paragraph (1); and
            (4) a requirement of, or permit issued under, an 
        applicable State program for which the Administrator 
        has made a determination that the requirements of 
        section 1413 have been satisfied, or an applicable 
        State program approved pursuant to this part.

[42 U.S.C. 300g-3]

                               variances

    Sec. 1415. (a) Notwithstanding any other provision of this 
part, variances from national primary drinking water 
regulations may be granted as follows:
            (1)(A) A State which has primary enforcement 
        responsibility for public water systems may grant one 
        or more variances from an applicable national primary 
        drinking water regulation to one or more public water 
        systems within its jurisdiction which, because of 
        characteristics of the raw water sources which are 
        reasonably available to the systems, cannot meet the 
        requirements respecting the maximum contaminant levels 
        of such drinking water regulation. A variance may be 
        issued to a system on condition that the system install 
        the best technology, treatment techniques, or other 
        means, which the Administrator finds are available 
        (taking costs into consideration), and based upon an 
        evaluation satisfactory to the State that indicates 
        that alternative sources of water are not reasonably 
        available to the system. The Administrator shall 
        propose and promulgate his finding of the best 
        available technology, treatment techniques or other 
        means available for each contaminant for purposes of 
        this subsection at the time he proposes and promulgates 
        a maximum contaminant level for each such contaminant. 
        The Administrator's finding of best available 
        technology, treatment techniques or other means for 
        purposes of this subsection may vary depending on the 
        number of persons served by the system or for other 
        physical conditions related to engineering feasibility 
        and costs of compliance with maximum contaminant levels 
        as considered approprate by Administrator. Before a 
        State may grant a variance under this subparagraph, the 
        State must find that the variance will not result in an 
        unreasonable risk to health. If a State grants a public 
        water system a variance under this subparagraph, the 
        State shall prescribe at the the time the variance is 
        granted, a schedule for--
                    (i) compliance (including increments of 
                progress) by the public water system with each 
                contaminant level requirement with respect to 
                which the variance was granted, and
                    (ii) implementation by the public water 
                system of such additional control measures as 
                the State may require for each contaminant, 
                subject to such contaminant level requirement, 
                during the period ending on the date compliance 
                with such requirement is required.
        Before a schedule prescribed by a State pursuant to 
        this subparagraph may take effect, the State shall 
        provide notice and opportunity for a public hearing on 
        the schedule. A notice given pursuant to the preceding 
        sentence may cover the prescribing of more than one 
        such schedule and a hearing held pursuant to such 
        notice shall include each of the schedules covered by 
        the notice. A schedule prescribed pursuant to this 
        subparagraph for a public water system granted a 
        variance shall require compliance by the system with 
        each contaminant level requirement with respect to 
        which the variance was granted as expeditiously as 
        practicable (as the State may reasonably determine).
            (B) A State which has primary enforcement 
        responsibility for public water systems may grant to 
        one or more public water systems within its 
        jurisdiction one or more variances from any provision 
        of a national primary drinking water regulation which 
        requires the use of a specified treatment technique 
        with respect to a contaminant if the public water 
        system applying for the variance demonstrates to the 
        satisfaction of the State that such treatment technique 
        is not necessary to protect the health of persons 
        because of the nature of the raw water source of such 
        system. A variance granted under this subparagraph 
        shall be conditioned on such monitoring and other 
        requirements as the Administrator may prescribe.
            (C) Before a variance proposed to be granted by a 
        State under subparagraph (A) or (B) may take effect, 
        such State shall provide notice and opportunity for 
        public hearing on the proposed variance. A notice given 
        pursuant to the preceding sentence may cover the 
        granting of more than one variance and a hearing held 
        pursuant to such notice shall include each of the 
        variances covered by the notice. The State shall 
        promptly notify the Administrator of all variances 
        granted by it. Such notification shall contain the 
        reason for the variance (and in the case of a variance 
        under subparagraph (A), the basis for the finding 
        required by that subparagraph before the granting of 
        the variance) and documentation of the need for the 
        variance.
            (D) Each public water system's variance granted by 
        a State under subparagraph (A) shall be conditioned by 
        the State upon compliance by the public water system 
        with the schedule prescribed by the State pursuant to 
        that subparagraph. The requirements of each schedule 
        prescribed by a State pursuant to that subparagraph 
        shall be enforceable by the State under its laws. Any 
        requirement of a schedule on which a variance granted 
        under that subparagraph is conditioned may be enforced 
        under section 1414 as if such requirement was part of a 
        national primary drinking water regulation.
            (E) Each schedule prescribed by a State pursuant to 
        subparagraph (A) shall be deemed approved by the 
        Administrator unless the variance for which it was 
        prescribed is revoked by the Administrator under such 
        subparagraph.
            (F) Not later than 18 months after the effective 
        date of the interim national primary drinking water 
        regulations the Administrator shall complete a 
        comprehensive review of the variances granted under 
        subparagraph (A) (and schedules prescribed pursuant 
        thereto) and under subparagraph (B) by the States 
        during the one-year period beginning on such effective 
        date. The Administrator shall conduct such subsequent 
        reviews of variances and schedules as he deems 
        necessary to carry out the purposes of this title, but 
        each subsequent review shall be completed within each 
        3-year period following the completion of the first 
        review under this subparagraph. Before conducting any 
        review under this subparagraph, the Administrator shall 
        publish notice of the proposed review in the Federal 
        Register. Such notice shall (i) provide information 
        respecting the location of data and other information 
        respecting the variances to be reviewed (including data 
        and other information concerning new scientific matters 
        bearing on such variances), and (ii) advise of the 
        opportunity to submit comments on the variances 
        reviewed and on the need for continuing them. Upon 
        completion of any such review, the Administrator shall 
        publish in the Federal Register the results of his 
        review together with findings responsive to comments 
        submitted in connection with such review.
            (G)(i) If the Administrator finds that a State has, 
        in a substantial number of instances, abused its 
        discretion in granting variances under subparagraph (A) 
        or (B) or that in a substantial number of cases the 
        State has failed to prescribe schedules in accordance 
        with subparagraph (A), the Administrator shall notify 
        the State of his findings. In determining if a State 
        has abused its discretion in granting variances in a 
        substantial number of instances, the Administrator 
        shall consider the number of persons who are affected 
        by the variances and if the requirements applicable to 
        the granting of the variances were complied with. A 
        notice under this clause shall--
                    (I) identify each public water system with 
                respect to which the finding was made,
                    (II) specify the reasons for the finding, 
                and
                    (III) as appropriate, propose revocations 
                of specific variances or propose revised 
                schedules or other requirements for specific 
                public water systems granted variances, or 
                both.
            (ii) The Administrator shall provide reasonable 
        notice and public hearing on the provisions of each 
        notice given pursuant to clause (i) of this 
        subparagraph. After a hearing on a notice pursuant to 
        such clause, the Administrator shall (I) rescind the 
        finding for which the notice was given and promptly 
        notify the State of such rescission, or (II) promulgate 
        (with such modifications as he deems appropriate) such 
        variance revocations and revised schedules or other 
        requirements proposed in such notice as he deems 
        appropriate. Not later than 180 days after the date a 
        notice is given pursuant to clause (i) of this 
        subparagraph, the Administrator shall complete the 
        hearing on the notice and take the action required by 
        the preceding sentence.
            (iii) If a State is notified under clause (i) of 
        this subparagraph of a finding of the Administrator 
        made with respect to a variance granted a public water 
        system within that State or to a schedule or other 
        requirement for a variance and if, before a revocation 
        of such variance or a revision of such schedule or 
        other requirement promulgated by the Administrator 
        takes effect, the State takes corrective action with 
        respect to such variance or schedule or other 
        requirement which the Administrator determines makes 
        his finding inapplicable to such variance or schedule 
        or other requirement, the Administrator shall rescind 
        the application of his finding to that variance or 
        schedule or other requirement. No variance revocation 
        or revised schedule or other requirement may take 
        effect before the expiration of 90 days following the 
        date of the notice in which the revocation or revised 
        schedule or other requirement was proposed.
            (2) If a State does not have primary enforcement 
        responsibility for public water systems, the 
        Administrator shall have the same authority to grant 
        variances in such State as the State would have under 
        paragraph (1) if it had primary enforcement 
        responsibility.
            (3) The Administrator may grant a variance from any 
        treatment technique requirement of a national primary 
        drinking water regulation upon a showing by any person 
        that an alternative treatment technique not included in 
        such requirement is at least as efficient in lowering 
        the level of the contaminant with respect to which such 
        requirement was prescribed. A variance under this 
        paragraph shall be conditioned on the use of the 
        alternative treatment technique which is the basis of 
        the variance.
    (b) Any schedule or other requirement on which a variance 
granted under paragraph (1)(B) or (2) of subsection (a) is 
conditioned may be enforced under section 1414 as if such 
schedule or other requirement was part of a national primary 
drinking water regulation.
    (c) If an application for a variance under subsection (a) 
is made, the State receiving the application or the 
Administrator, as the case may be, shall act upon such 
application within a reasonable period (as determined under 
regulations prescribed by the Administrator) after the date of 
its submission.
    (d) For purposes of this section, the term ``treatment 
technique requirement'' means a requirement in a national 
primary drinking water regulation which specifies for a 
contaminant (in accordance with section 1401(1)(C)(ii)) each 
treatment technique known to the Administrator which leads to a 
reduction in the level of such contaminant sufficient to 
satisfy the requirements of section 1412(b).
    (e) Small System Variances.--
            (1) In general.--A State exercising primary 
        enforcement responsibility for public water systems 
        under section 1413 (or the Administrator in nonprimacy 
        States) may grant 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 to--
                    (A) public water systems serving 3,300 or 
                fewer persons; and
                    (B) with the approval of the Administrator 
                pursuant to paragraph (9), public water systems 
                serving more than 3,300 persons but fewer than 
                10,000 persons,
        if the variance meets each requirement of this 
        subsection.
            (2) Availability of variances.--A public water 
        system may receive a variance pursuant to paragraph 
        (1), if--
                    (A) the Administrator has identified a 
                variance technology under section 1412(b)(15) 
                that is applicable to the size and source water 
                quality conditions of the public water system;
                    (B) the public water system installs, 
                operates, and maintains, in accordance with 
                guidance or regulations issued by the 
                Administrator, such treatment technology, 
                treatment technique, or other means; and
                    (C) the State in which the system is 
                located determines that the conditions of 
                paragraph (3) are met.
            (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 
                        practicable); 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) Compliance schedules.--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 variance technology, secure an 
        alternative source of water, restructure or consolidate 
        if the Administrator (or the State) determines that 
        additional time is necessary for capital improvements, 
        or to allow for financial assistance provided pursuant 
        to section 1452 or any other Federal or State program.
            (5) Duration of variances.--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.
            (6) 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.
            (7) 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 
                        that a variance is proposed to be 
                        granted (including information 
                        regarding the contaminant and variance) 
                        and requirements for a public hearing 
                        on the variance before the variance is 
                        granted;
                            (ii) requirements for the 
                        installation and proper operation of 
                        variance technology that is identified 
                        (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 1996, 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.
            (8) 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.
            (9) Approval of variances.--A State proposing to 
        grant a variance under this subsection to a public 
        water system serving more than 3,300 and fewer than 
        10,000 persons shall submit the variance to the 
        Administrator for review and approval prior to the 
        issuance of the variance. The Administrator shall 
        approve the variance if it meets each of the 
        requirements of this subsection. The Administrator 
        shall approve or disapprove the variance within 90 
        days. If the Administrator disapproves a variance under 
        this paragraph, the Administrator shall notify the 
        State in writing of the reasons for disapproval and the 
        variance may be resubmitted with modifications to 
        address the objections stated by the Administrator.
            (10) Objections to variances.--
                    (A) 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.
                    (B) Petition by consumers.--Not later than 
                30 days after a State exercising 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 and determine whether to object to 
                the variance under subparagraph (A) not later 
                than 60 days after the receipt of the petition.
                    (C) Timing.--No variance shall be granted 
                by a State until the later of the following:
                            (i) 90 days after the State 
                        proposes to grant a variance.
                            (ii) If the Administrator objects 
                        to the variance, the date on which the 
                        State makes the recommended 
                        modifications or responds in writing to 
                        each objection.

[42 U.S.C. 300g-4]


                               exemptions


    Sec. 1416. (a) A State which has primary enforcement 
responsibility may exempt any public water system within the 
State's jurisdiction from any requirement respecting a maximum 
contaminant level or any treatment technique requirement, or 
from both, of an applicable national primary drinking water 
regulation upon a finding that--
            (1) due to compelling factors (which may include 
        economic factors, including qualification of the public 
        water system as a system serving a disadvantaged 
        community pursuant to section 1452(d)), the public 
        water system is unable to comply with such contaminant 
        level or treatment technique requirement, or to 
        implement measures to develop an alternative source of 
        water supply,
            (2) the public water system was in operation on the 
        effective date of such contaminant level or treatment 
        technique requirement, a system that was not in 
        operation by that date, only if no reasonable 
        alternative source of drinking water is available to 
        such new system, [; and]
            (3) the granting of the exemption will not result 
        in an unreasonable risk to health; and
            (4) management or restructuring changes (or both) 
        cannot reasonably be made that will result in 
        compliance with this title or, if compliance cannot be 
        achieved, improve the quality of the drinking water.
    (b)(1) If a State grants a public water system an exemption 
under subsection (a), the State shall prescribe, at the time 
the exemption is granted, a schedule for--
            (A) compliance [(including increments of progress] 
        (including increments of progress or measures to 
        develop an alternative source of water supply) by the 
        public water system with each contaminant level 
        [requirement and treatment] requirement or treatment 
        technique requirement with respect to which the 
        exemption was granted, and
            (B) implementation by the public water system of 
        such control measures as the State may require for each 
        contaminant, subject to such contaminant level 
        requirement or treatment technique requirement, during 
        the period ending on the date compliance with such 
        requirement is required.
Before a schedule prescribed by a State pursuant to this 
subsection may take effect, the State shall provide notice and 
opportunity for a public hearing on the schedule. A notice 
given pursuant to the preceding sentence may cover the 
prescribing of more than one such schedule and a hearing held 
pursuant to such notice shall include each of the schedules 
covered by the notice.
    (2)(A) A schedule prescribed pursuant to this subsection 
for a public water system granted an exemption under subsection 
(a) shall require compliance by the system with each 
contaminant level and treatment technique requirement with 
respect to which the exemption was granted as expeditiously as 
practicable (as the State may reasonably determine) but 
[(except as provided in subparagraph (B)--
            [(i) in the case of an exemption granted with 
        respect to a contaminant level or treatment technique 
        requirement prescribed by the national primary drinking 
        water regulations promulgated under section 1412(a), 
        not later than 12 months after enactment of the Safe 
        Drinking Water Act Amendments of 1986; and
            [(ii) in the case of an exemption granted with 
        respect to a contaminant level or treatment technique 
        requirement prescribed by national primary drinking 
        water regulations, other than a regulation referred to 
        in section 1412(a), 12 months after the date of 
        issuance of the exemption.
    [(B) The final date for compliance provided in any schedule 
in the case of any exemption may be extended by the State (in 
the case of a State which has primary enforcement 
responsibility) or by the Administrator (in any other case) for 
a period not to exceed 3 years after the date of the issuance 
of the exemption if] not later than 3 years after the otherwise 
applicable compliance date established in section 1412(b)(10).
    (B) No exemption shall be granted unless the public water 
system establishes that--
            (i) the system cannot meet the standard without 
        capital improvements which cannot be completed [within 
        the period of such exemption] prior to the date 
        established pursuant to section 1412(b)(10);
            (ii) in the case of a system which needs financial 
        assistance for the necessary improvement, the system 
        has entered into an agreement to obtain such financial 
        assistance or assistance pursuant to section 1452, or 
        any other Federal or State program is reasonably likely 
        to be available within the period of the exemption; or
            (iii) the system has entered into an enforceable 
        agreement to become a part of a regional public water 
        system; and
the system is taking all practicable steps to meet the 
standard.
    (C) In the case of a system which does not serve more than 
[500 service connections] a population of 3,300 and which needs 
financial assistance for the necessary improvements, an 
exemption granted under clause (i) or (ii) of subparagraph (B) 
may be renewed for one or more additional 2-year periods, but 
not to exceed a total of 6 years, if the system establishes 
that it is taking all practicable steps to meet the 
requirements of subparagraph (B).
    (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).
    (3) Each public water system's exemption granted by a State 
under subsection (a) shall be conditioned by the State upon 
compliance by the public water system with the schedule 
prescribed by the State pursuant to this subsection. The 
requirements of each schedule prescribed by a State pursuant to 
this subsection shall be enforceable by the State under its 
laws. Any requirement of a schedule on which an exemption 
granted under this section is conditioned may be enforced under 
section 1414 as if such requirement was part of a national 
primary drinking water regulation.
    (4) Each schedule prescribed by a State pursuant to this 
subsection shall be deemed approved by the Administrator unless 
the exemption for which it was prescribed is revoked by the 
Administrator under subsection (d)(2) or the schedule is 
revised by the Administrator under such subsection.
    (c) Each State which grants an exemption under subsection 
(a) shall promptly notify the Administrator of the granting of 
such exemption. Such notification shall contain the reasons for 
the exemption (including the basis for the finding required by 
subsection (a)(3) before the exemption may be granted) and 
document the need for the exemption.
    (d)(1) Not later than 18 months after the effective date of 
the interim national primary drinking water regulations the 
Administrator shall complete a comprehensive review of the 
exemptions granted (and schedules prescribed pursuant thereto) 
by the States during the one-year period beginning on such 
effective date. The Administrator shall conduct such subsequent 
reviews of exemptions and schedules as he deems necessary to 
carry out the purposes of this title, but each subsequent 
review shall be completed within each 3-year period following 
the completion of the first review under this subparagraph. 
Before conducting any review under this subparagraph, the 
Administrator shall publish notice of the proposed review in 
the Federal Register. Such notice shall (A) provide information 
respecting the location of data and other information 
respecting the exemptions to be reviewed (including data and 
other information concerning new scientific matters bearing on 
such exemptions), and (B) advise of the opportunity to submit 
comments on the exemptions reviewed and on the need for 
continuing them. Upon completion of any such review, the 
Administrator shall publish in the Federal Register the results 
of his review together with findings responsive to comments 
submitted in connection with such review.
    (2)(A) If the Administrator finds that a State has, in a 
substantial number of instances, abused its discretion in 
granting exemptions under subsection (a) or failed to prescribe 
schedules in accordance with subsection (b), the Administrator 
shall notify the State of his finding. In determining if a 
State has abused its discretion in granting exemptions in a 
substantial number of instances, the Administrator shall 
consider the number of persons who are affected by the 
exemptions and if the requirements applicable to the granting 
of the exemptions were complied with. A notice under this 
subparagraph shall--
            (i) identify each exempt public water system with 
        respect to which the finding was made,
            (ii) specify the reasons for the finding, and
            (iii) as appropriate, propose revocations of 
        specific exemptions or propose revised schedules for 
        specific exempt public water systems, or both.
    (B) The Administrator shall provide reasonable notice and 
public hearing on the provisions of each notice given pursuant 
to subparagraph (A). After a hearing on a notice pursuant to 
subparagraph (A), the Administrator shall (i) rescind the 
finding for which the notice was given and promptly notify the 
State of such rescission, or (ii) promulgate (with such 
modifications as he deems appropriate) such exemption 
revocations and revised schedules proposed in such notice as he 
deems appropriate. Not later than 180 days after the date a 
notice is given pursuant to subparagraph (A), the Administrator 
shall complete the hearing on the notice and take the action 
required by the preceding sentence.
    (C) If a State is notified under subparagraph (A) of a 
finding of the Administrator made with respect to an exemption 
granted a public water system within that State or to a 
schedule prescribed pursuant to such an exemption and if before 
a revocation of such exemption or a revision of such schedule 
promulgated by the Administrator takes effect the State takes 
corrective action with respect to such exemption or schedule 
which the Administrator determines makes his finding 
inapplicable to such exemption or schedule, the Administrator 
shall rescind the application of his finding to that exemption 
or schedule. No exemption revocation or revised schedule may 
take effect before the expiration of 90 days following the date 
of the notice in which the revocation or revised schedule was 
proposed.
    (e) For purposes of this section, the term ``treatment 
technique requirement'' means a requirement in a national 
primary drinking water regulation which specifies for a 
contaminant (in accordance with section 1401(1)(C)(ii)) each 
treatment technique known to the Administrator which leads to a 
reduction in the level of such contaminant sufficient to 
satisfy the requirements of section 1412(b).
    (f) If a State does not have primary enforcement 
responsibility for public water systems, the Administrator 
shall have the same authority to exempt public water systems in 
such State from maximum contaminant level requirements and 
treatment technique requirements under the same conditions and 
in the same manner as the State would be authorized to grant 
exemptions under this section if it had primary enforcement 
responsibility.
    (g) If an application for an exemption under this section 
is made, the State receiving the application or the 
Administrator, as the case may be, shall act upon such 
application within a reasonable period (as determined under 
regulations prescribed by the Administrator) after the date of 
its submission.

[42 U.S.C. 300g-5]


    [sec. 1417. prohibition on use of lead pipes, solder, and flux]


           prohibition on use of lead pipes, solder, and flux


    Sec. 1417. (a) In General._
    [(1) Prohibition.--Any pipe, solder, or flux, which is used 
after the enactment of the Safe Drinking Water Act Amendments 
of 1986, in the installation or repair of--
            [(A) any public water system, or
            [(B) any plumbing in a residential or 
        nonresidential facility providing water for human 
        consumption which is connected to a public water 
        system,
[shall be lead free (within the meaning of subsection (d)). 
This paragraph shall not apply to leaded joints necessary for 
the repair of cast iron pipes.]
            (1) Prohibitions.--
                    (A) In general.--No person may use any 
                pipe, any pipe or plumbing fitting or fixture, 
                any solder, or any flux, after June 19, 1986, 
                in the installation or repair of--
                            (i) any public water system; or
                            (ii) any plumbing in a residential 
                        or nonresidential facility providing 
                        water for human consumption,
                that is not lead free (within the meaning of 
                subsection (d)).
                    (B) Leaded joints.--Subparagraph (A) shall 
                not apply to leaded joints necessary for the 
                repair of cast iron pipes.
            (2) Public notice requirements.--
                    (A) In general.--Each owner or operator of 
                a public water system shall identify and 
                provide notice to persons that may be affected 
                by lead contamination of their drinking water 
                where such contamination results from either or 
                both of the following:
                            (i) The lead content in the 
                        construction materials of the public 
                        water distribution system.
                            (ii) Corrosivity of the water 
                        supply sufficient to cause leaching of 
                        lead.
                The notice shall be provided in such manner and 
                form as may be reasonably required by the 
                Administrator. Notice under this paragraph 
                shall be provided notwithstanding the absence 
                of a violation of any national drinking water 
                standard.
                    (B) Contents of notice.--Notice under this 
                paragraph shall provide a clear and readily 
                understandable explanation of--
                            (i) the potential sources of lead 
                        in the drinking water,
                            (ii) potential adverse health 
                        effects,
                            (iii) reasonably available methods 
                        of mitigating known or potential lead 
                        content in drinking water,
                            (iv) any steps the system is taking 
                        to mitigate lead content in drinking 
                        water, and
                            (v) the necessity for seeking 
                        alternative water supplies, if any.
            (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.
    (b) State Enforcement.--
            (1) Enforcement of prohibition.--The requirements 
        of subsection (a)(1) shall be enforced in all States 
        effective 24 months after the enactment of this 
        section. States shall enforce such requirements through 
        State or local plumbing codes, or such other means of 
        enforcement as the State may determine to be 
        appropriate.
            (2) Enforcement of public notice requirements.--The 
        requirements of subsection (a)(2) shall apply in all 
        States effective 24 months after the enactment of this 
        section.
    (c) Penalties.--If the Administrator determines that a 
State is not enforcing the requirements of subsection (a) as 
required pursuant to subsection (b), the Administrator may 
withhold up to 5 percent of Federal funds available to that 
State for State program grants under section 1443(a).
    (d) Definition of Lead Free.--For purposes of this section, 
the term ``lead free''--
            (1) when used with respect to solders and flux 
        refers to solders and flux containing not more than 0.2 
        percent [lead and] lead;
            (2) when used with respect to pipes and pipe 
        fittings refers to pipes and pipe fittings containing 
        not more than 8.0 percent [lead.] lead; and
            (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).
    (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.

[42 U.S.C. 300g-6]


                       monitoring of contaminants


    Sec. 1418. (a) Interim Monitoring Relief Authority.--
            (1) In general.--A State exercising primary 
        enforcement responsibility for public water systems may 
        modify the monitoring requirements for any regulated or 
        unregulated contaminants for which monitoring is 
        required other than microbial contaminants (or 
        indicators thereof), disinfectants and disinfection 
        byproducts or corrosion byproducts for an interim 
        period to provide that any public water system serving 
        10,000 persons or fewer shall not be required to 
        conduct additional quarterly monitoring during an 
        interim relief period for such contaminants if--
                    (A) monitoring, conducted at the beginning 
                of the period for the contaminant concerned and 
                certified to the State by the public water 
                system, fails to detect the presence of the 
                contaminant in the ground or surface water 
                supplying the public water system; and
                    (B) the State, considering the hydrogeology 
                of the area and other relevant factors, 
                determines in writing that the contaminant is 
                unlikely to be detected by further monitoring 
                during such period.
            (2) Termination; timing of monitoring.--The interim 
        relief period referred to in paragraph (1) shall 
        terminate when permanent monitoring relief is adopted 
        and approved for such State, or at the end of 36 months 
        after the date of enactment of the Safe Drinking Water 
        Act Amendments of 1996, whichever comes first. In order 
        to serve as a basis for interim relief, the monitoring 
        conducted at the beginning of the period must occur at 
        the time determined by the State to be the time of the 
        public water system's greatest vulnerability to the 
        contaminant concerned in the relevant ground or surface 
        water, taking into account in the case of pesticides 
        the time of application of the pesticide for the source 
        water area and the travel time for the pesticide to 
        reach such waters and taking into account, in the case 
        of other contaminants, seasonality of precipitation and 
        contaminant travel time.
    (b) Permanent Monitoring Relief Authority.--
            (1) In general.--Each State exercising primary 
        enforcement responsibility for public water systems 
        under this title and having an approved source water 
        assessment program may adopt, in accordance with 
        guidance published by the Administrator, tailored 
        alternative monitoring requirements for public water 
        systems in such State (as an alternative to the 
        monitoring requirements for chemical contaminants set 
        forth in the applicable national primary drinking water 
        regulations) where the State concludes that (based on 
        data available at the time of adoption concerning 
        susceptibility, use, occurrence, or wellhead 
        protection, or from the State's drinking water source 
        water assessment program) such alternative monitoring 
        would provide assurance that it complies with the 
        Administrator's guidelines. The State program must be 
        adequate to assure compliance with, and enforcement of, 
        applicable national primary drinking water regulations. 
        Alternative monitoring shall not apply to regulated 
        microbiological contaminants (or indicators thereof), 
        disinfectants and disinfection byproducts, or corrosion 
        byproducts. The preceding sentence is not intended to 
        limit other authority of the Administrator under other 
        provisions of this title to grant monitoring 
        flexibility.
            (2) Guidelines.--
                    (A) In general.--The Administrator shall 
                issue, after notice and comment and at the same 
                time as guidelines are issued for source water 
                assessment under section 1453, guidelines for 
                States to follow in proposing alternative 
                monitoring requirements under paragraph (1) for 
                chemical contaminants. The Administrator shall 
                publish such guidelines in the Federal 
                Register. The guidelines shall assure that the 
                public health will be protected from drinking 
                water contamination. The guidelines shall 
                require that a State alternative monitoring 
                program apply on a contaminant-by-contaminant 
                basis and that, to be eligible for such 
                alternative monitoring program, a public water 
                system must show the State that the contaminant 
                is not present in the drinking water supply or, 
                if present, it is reliably and consistently 
                below the maximum contaminant level.
                    (B) Definition.--For purposes of 
                subparagraph (A), the phrase ``reliably and 
                consistently below the maximum contaminant 
                level'' means that, although contaminants have 
                been detected in a water supply, the State has 
                sufficient knowledge of the contamination 
                source and extent of contamination to predict 
                that the maximum contaminant level will not be 
                exceeded. In determining that a contaminant is 
                reliably and consistently below the maximum 
                contaminant level, States shall consider the 
                quality and completeness of data, the length of 
                time covered and the volatility or stability of 
                monitoring results during that time, and the 
                proximity of such results to the maximum 
                contaminant level. Wide variations in the 
                analytical results, or analytical results close 
                to the maximum contaminant level, shall not be 
                considered to be reliably and consistently 
                below the maximum contaminant level.
            (3) Effect of detection of contaminants.--The 
        guidelines issued by the Administrator under paragraph 
        (2) shall require that if, after the monitoring program 
        is in effect and operating, a contaminant covered by 
        the alternative monitoring program is detected at 
        levels at or above the maximum contaminant level or is 
        no longer reliably or consistently below the maximum 
        contaminant level, the public water system must 
        either--
                    (A) demonstrate that the contamination 
                source has been removed or that other action 
                has been taken to eliminate the contamination 
                problem; or
                    (B) test for the detected contaminant 
                pursuant to the applicable national primary 
                drinking water regulation.
            (4) States not exercising primary enforcement 
        responsibility.--The Governor of any State not 
        exercising primary enforcement responsibility under 
        section 1413 on the date of enactment of this section 
        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 subsection 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.
    (c) Treatment as NPDWR.--All monitoring relief granted by a 
State to a public water system for a regulated contaminant 
under subsection (a) or (b) shall be treated as part of the 
national primary drinking water regulation for that 
contaminant.
    (d) Other Monitoring Relief.--Nothing in this section shall 
be construed to affect the authority of the States under 
applicable national primary drinking water regulations to alter 
monitoring requirements through waivers or other existing 
authorities. The Administrator shall periodically review and, 
as appropriate, revise such authorities.

[42 U.S.C. 300g-7]


                         operator certification


    Sec. 1419. (a) Guidelines.--Not later than 30 months after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996 and in cooperation with the States, the Administrator 
shall publish guidelines in the Federal Register, after notice 
and opportunity for comment from interested persons, including 
States and public water systems, specifying minimum standards 
for certification (and recertification) of the operators of 
community and nontransient noncommunity public water systems. 
Such guidelines shall take into account existing State 
programs, the complexity of the system, and other factors aimed 
at providing an effective program at reasonable cost to States 
and public water systems, taking into account the size of the 
system.
    (b) State Programs.--Beginning 2 years after the date on 
which the Administrator publishes guidelines under subsection 
(a), the Administrator shall withhold 20 percent of the funds a 
State is otherwise entitled to receive under section 1452 
unless the State has adopted and is implementing a program for 
the certification of operators of community and nontransient 
noncommunity public water systems that meets the requirements 
of the guidelines published pursuant to subsection (a) or that 
has been submitted in compliance with subsection (c) and that 
has not been disapproved.
    (c) Existing Programs.--For any State exercising primary 
enforcement responsibility for public water systems or any 
other State which has an operator certification program, the 
guidelines under subsection (a) shall allow the State to 
enforce such program in lieu of the guidelines under subsection 
(a) if the State submits the program to the Administrator 
within 18 months after the publication of the guidelines unless 
the Administrator determines (within 9 months after the State 
submits the program to the Administrator) that such program is 
not substantially equivalent to such guidelines. In making this 
determination, an existing State program shall be presumed to 
be substantially equivalent to the guidelines, notwithstanding 
program differences, based on the size of systems or the 
quality of source water, providing the State program meets the 
overall public health objectives of the guidelines. If 
disapproved, the program may be resubmitted within 6 months 
after receipt of notice of disapproval.
    (d) Expense Reimbursement.--
            (1) In general.--The Administrator shall provide 
        reimbursement for the costs of training, including an 
        appropriate per diem for unsalaried operators, and 
        certification for persons operating systems serving 
        3,300 persons or fewer that are required to undergo 
        training pursuant to this section.
            (2) State grants.--The reimbursement shall be 
        provided through grants to States with each State 
        receiving an amount sufficient to cover the reasonable 
        costs for training all such operators in the State, as 
        determined by the Administrator, to the extent required 
        by this section. Grants received by a State pursuant to 
        this paragraph shall first be used to provide 
        reimbursement for training and certification costs of 
        persons operating systems serving 3,300 persons or 
        fewer. If a State has reimbursed all such costs, the 
        State may, after notice to the Administrator, use any 
        remaining funds from the grant for any of the other 
        purposes authorized for grants under section 1452.
            (3) Authorization.--There are authorized to be 
        appropriated to the Administrator to provide grants for 
        reimbursement under this section $30,000,000 for each 
        of fiscal years 1997 through 2003.
            (4) Reservation.--If the appropriation made 
        pursuant to paragraph (3) for any fiscal year is not 
        sufficient to satisfy the requirements of paragraph 
        (1), the Administrator shall, prior to any other 
        allocation or reservation, reserve such sums as 
        necessary from the funds appropriated pursuant to 
        section 1452(m) to provide reimbursement for the 
        training and certification costs mandated by this 
        subsection.

[42 U.S.C. 300g-8]


                          capacity development


    Sec. 1420. (a) State Authority for New Systems.--A State 
shall receive only 80 percent of the allotment that the State 
is otherwise entitled to receive under section 1452 (relating 
to State loan funds) unless the State has obtained the legal 
authority or other means to ensure that all new community water 
systems and new nontransient, noncommunity water systems 
commencing operation after October 1, 1999, demonstrate 
technical, managerial, and financial capacity with respect to 
each national primary drinking water regulation in effect, or 
likely to be in effect, on the date of commencement of 
operations.
    (b) Systems in Significant Noncompliance.--
            (1) List.--Beginning not later than 1 year after 
        the date of enactment of this section, each State shall 
        prepare, periodically update, and submit to the 
        Administrator a list of community water systems and 
        nontransient, noncommunity water systems that have a 
        history of significant noncompliance with this title 
        (as defined in guidelines issued prior to the date of 
        enactment of this section or any revisions of the 
        guidelines that have been made in consultation with the 
        States) and, to the extent practicable, the reasons for 
        noncompliance.
            (2) Report.--Not later than 5 years after the date 
        of enactment of this section and as part of the 
        capacity development strategy of the State, each State 
        shall report to the Administrator on the success of 
        enforcement mechanisms and initial capacity development 
        efforts in assisting the public water systems listed 
        under paragraph (1) to improve technical, managerial, 
        and financial capacity.
            (3) Withholding.--The list and report under this 
        subsection shall be considered part of the capacity 
        development strategy of the State required under 
        subsection (c) of this section for purposes of the 
        withholding requirements of section 1452(a)(1)(G)(i) 
        (relating to State loan funds).
    (c) Capacity Development Strategy.--
            (1) In general.--Beginning 4 years after the date 
        of enactment of this section, a State shall receive 
        only--
                    (A) 90 percent in fiscal year 2001;
                    (B) 85 percent in fiscal year 2002; and
                    (C) 80 percent in each subsequent fiscal 
                year,
        of the allotment that the State is otherwise entitled 
        to receive under section 1452 (relating to State loan 
        funds), unless the State is developing and implementing 
        a strategy to assist public water systems in acquiring 
        and maintaining technical, managerial, and financial 
        capacity.
            (2) Content.--In preparing the capacity development 
        strategy, the State shall consider, solicit public 
        comment on, and include as appropriate--
                    (A) the methods or criteria that the State 
                will use to identify and prioritize the public 
                water systems most in need of improving 
                technical, managerial, and financial capacity;
                    (B) a description of the institutional, 
                regulatory, financial, tax, or legal factors at 
                the Federal, State, or local level that 
                encourage or impair capacity development;
                    (C) a description of how the State will use 
                the authorities and resources of this title or 
                other means to--
                            (i) assist public water systems in 
                        complying with national primary 
                        drinking water regulations;
                            (ii) encourage the development of 
                        partnerships between public water 
                        systems to enhance the technical, 
                        managerial, and financial capacity of 
                        the systems; and
                            (iii) assist public water systems 
                        in the training and certification of 
                        operators;
                    (D) a description of how the State will 
                establish a baseline and measure improvements 
                in capacity with respect to national primary 
                drinking water regulations and State drinking 
                water law; and
                    (E) an identification of the persons that 
                have an interest in and are involved in the 
                development and implementation of the capacity 
                development strategy (including all appropriate 
                agencies of Federal, State, and local 
                governments, private and nonprofit public water 
                systems, and public water system customers).
            (3) Report.--Not later than 2 years after the date 
        on which a State first adopts a capacity development 
        strategy under this subsection, and every 3 years 
        thereafter, the head of the State agency that has 
        primary responsibility to carry out this title in the 
        State shall submit to the Governor a report that shall 
        also be available to the public on the efficacy of the 
        strategy and progress made toward improving the 
        technical, managerial, and financial capacity of public 
        water systems in the State.
            (4) Review.--The decisions of the State under this 
        section regarding any particular public water system 
        are not subject to review by the Administrator and may 
        not serve as the basis for withholding funds under 
        section 1452.
    (d) Federal Assistance.--
            (1) In general.--The Administrator shall support 
        the States in developing capacity development 
        strategies.
            (2) Informational assistance.--
                    (A) In general.--Not later than 180 days 
                after the date of enactment of this section, 
                the Administrator shall--
                            (i) conduct a review of State 
                        capacity development efforts in 
                        existence on the date of enactment of 
                        this section and publish information to 
                        assist States and public water systems 
                        in capacity development efforts; and
                            (ii) initiate a partnership with 
                        States, public water systems, and the 
                        public to develop information for 
                        States on recommended operator 
                        certification requirements.
                    (B) Publication of information.--The 
                Administrator shall publish the information 
                developed through the partnership under 
                subparagraph (A)(ii) not later than 18 months 
                after the date of enactment of this section.
            (3) Promulgation of drinking water regulations.--In 
        promulgating a national primary drinking water 
        regulation, the Administrator shall include an analysis 
        of the likely effect of compliance with the regulation 
        on the technical, financial, and managerial capacity of 
        public water systems.
            (4) Guidance for new systems.--Not later than 2 
        years after the date of enactment of this section, the 
        Administrator shall publish guidance developed in 
        consultation with the States describing legal 
        authorities and other means to ensure that all new 
        community water systems and new nontransient, 
        noncommunity water systems demonstrate technical, 
        managerial, and financial capacity with respect to 
        national primary drinking water regulations.
    (e) Variances and Exemptions.--Based on information 
obtained under subsection (c)(3), 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 
subsection shall be interpreted, construed, or applied to 
affect or alter the requirements of section 1415 or 1416.
    (f) 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 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 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 small 
                and rural communities or Indian Tribes.
                    (B) The grant recipient shall be located in 
                a region that has experienced problems, or may 
                reasonably be foreseen to experience problems, 
                with small and rural public water systems.
                    (C) The grant recipient shall have access 
                to expertise in small public water system 
                technology management.
                    (D) The grant recipient shall have the 
                capability to disseminate the results of small 
                public water system technology and training 
                programs.
                    (E) The projects that the grant recipient 
                proposes to carry out under the grant are 
                necessary and appropriate.
                    (F) The grant recipient has regional 
                support beyond the host institution.
            (5) Consortia of states.--At least 2 of the grants 
        under this subsection shall be made to consortia of 
        States with low population densities.
            (6) Authorization of appropriations.--There are 
        authorized to be appropriated to make grants under this 
        subsection $2,000,000 for each of the fiscal years 1997 
        through 1999, and $5,000,000 for each of the fiscal 
        years 2000 through 2003.
    (g) Environmental Finance Centers.--
            (1) In general.--The Administrator shall provide 
        initial funding for one or more university-based 
        environmental finance centers for activities that 
        provide technical assistance to State and local 
        officials in developing the capacity of public water 
        systems. Any such funds shall be used only for 
        activities that are directly related to this title.
            (2) National capacity development clearinghouse.--
        The Administrator shall establish a national public 
        water system capacity development clearinghouse to 
        receive and disseminate information with respect to 
        developing, improving, and maintaining financial and 
        managerial capacity at public water systems. The 
        Administrator shall ensure that the clearinghouse does 
        not duplicate other federally supported clearinghouse 
        activities.
            (3) Capacity development techniques.--The 
        Administrator may request an environmental finance 
        center funded under paragraph (1) to develop and test 
        managerial, financial, and institutional techniques for 
        capacity development. 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.
            (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection $1,500,000 for each of the fiscal years 1997 
        through 2003.
            (5) Limitation.--No portion of any funds made 
        available under this subsection may be used for 
        lobbying expenses.

[42 U.S.C. 300g-9]

      Part C--Protection of Underground Sources of Drinking Water


                     regulations for state programs


    Sec. 1421. (a)(1) The Administrator shall publish proposed 
regulations for State underground injection control programs 
within 180 days after the date of enactment of this title. 
Within 180 days after publication of such proposed regulations, 
he shall promulgate such regulations with such modifications as 
he deems appropriate. Any regulation under this subsection may 
be amended from time to time.
    (2) Any regulation under this section shall be proposed and 
promulgated in accordance with section 553 of title 5, United 
States Code (relating to rulemaking), except that the 
Administrator shall provide opportunity for public hearing 
prior to promulgation of such regulations. In proposing and 
promulgating regulations under this section, the Administrator 
shall consult with the Secretary, the National Drinking Water 
Advisory Council, and other appropriate Federal entities and 
with interested State entities.
    (b)(1) Regulations under subsection (a) for State 
underground injection programs shall contain minimum 
requirements for effective programs to prevent underground 
injection which endangers drinking water sources within the 
meaning of subsection (d)(2). Such regulations shall require 
that a State program, in order to be approved under section 
1422--
            (A) shall prohibit, effective on the date on which 
        the applicable underground injection control program 
        takes effect, any underground injection in such State 
        which is not authorized by a permit issued by the State 
        (except that the regulations may permit a State to 
        authorize underground injection by rule);
            (B) shall require (i) in the case of a program 
        which provides for authorization of underground 
        injection by permit, that the applicant for the permit 
        to inject must satisfy the State that the underground 
        injection will not endanger drinking water sources, and 
        (ii) in the case of a program which provides for such 
        an authorization by rule, that no rule may be 
        promulgated which authorizes any underground injection 
        which endangers drinking water sources;
            (C) shall include inspection, monitoring, 
        recordkeeping, and reporting requirements; and
            (D) shall apply (i) as prescribed by section 
        1447(b), to underground injections by Federal agencies, 
        and (ii) to underground injections by any other person 
        whether or not occurring on property owned or leased by 
        the United States.
    (2) Regulations of the Administrator under this section for 
State underground injection control programs may not prescribe 
requirements which interfere with or impede--
            (A) the underground injection of brine or other 
        fluids which are brought to the surface in connection 
        with oil or natural gas production or natural gas 
        storage operations, or
            (B) any underground injection for the secondary or 
        tertiary recovery of oil or natural gas,
unless such requirements are essential to assure that 
underground sources of drinking water will not be endangered by 
such injection.
    (3)(A) The regulations of the Administrator under this 
section shall permit or provide for consideration of varying 
geologic, hydrological, or historical conditions in different 
States and in different areas within a State.
    (B)(i) In prescribing regulations under this section the 
Administrator shall, to the extent feasible, avoid promulgation 
of requirements which would unnecessarily disrupt State 
underground injection control programs which are in effect and 
being enforced in a substantial number [or] of States.
    (ii) For the purpose of this subparagraph, a regulation 
prescribed by the Administrator under this section shall be 
deemed to disrupt a State underground injection control program 
only if it would be infeasible to comply with both such 
regulation and the State underground injection control program.
    (iii) For the purpose of this subparagraph, a regulation 
prescribed by the Administrator under this section shall be 
deemed unnecessary only if, without such regulation, 
underground sources of drinking water will not be endangered by 
any underground injection.
    (C) Nothing in this section shall be construed to alter or 
affect the duty to assure that underground sources of drinking 
water will not be endangered by any underground injection.
    (c)(1) The Administrator may, upon application of the 
Governor of a State which authorizes underground injection by 
means of permits, authorize such State to issue (without regard 
to subsection (b)(1)(B)(i)) temporary permits for underground 
injection which may be effective until the expiration of four 
years after the date of enactment of this title, if--
            (A) the Administrator finds that the State has 
        demonstrated that it is unable and could not reasonably 
        have been able to process all permit applications 
        within the time available;
            (B) the Administrator determines the adverse effect 
        on the environment of such temporary permits is not 
        unwarranted;
            (C) such temporary permits will be issued only with 
        respect to injection wells in operation on the date on 
        which such State's permit program approved under this 
        part first takes effect and for which there was 
        inadequate time to process its permit application; and
            (D) the Administrator determines the temporary 
        permits require the use of adequate safeguards 
        established by rules adopted by him.
    (2) The Administrator may, upon application of the Governor 
of a State which authorizes underground injection by means of 
permits, authorize such State to issue (without regard to 
subsection (b)(1)(B)(i)), but after reasonable notice and 
hearing, one or more temporary permits each of which is 
applicable to a particular injection well and to the 
underground injection of a particular fluid and which may be 
effective until the expiration of four years after the date of 
enactment of this title, if the State finds, on the record of 
such hearing--
            (A) that technology (or other means) to permit safe 
        injection of the fluid in accordance with the 
        applicable underground injection control program is not 
        generally available (taking costs into consideration);
            (B) that injection of the fluid would be less 
        harmful to health than the use of other available means 
        of disposing of waste or producing the desired product; 
        and
            (C) that available technology or other means have 
        been employed (and will be employed) to reduce the 
        volume and toxicity of the fluid and to minimize the 
        potentially adverse effect of the injection on the 
        public health.
    (d) For purposes of this part:
            (1) The term ``underground injection'' means the 
        subsurface emplacement of fluids by well injection. 
        Such term does not include the underground injection of 
        natural gas for purposes of storage.
            (2) Underground injection endangers drinking water 
        sources if such injection may result in the presence in 
        underground water which supplies or can reasonably be 
        expected to supply any public water system of any 
        contaminant, and if the presence of such contaminant 
        may result in such system's not complying with any 
        national primary drinking water regulation or may 
        otherwise adversely affect the health of persons.

[42 U.S.C. 300h]

                state primary enforcement responsibility

    Sec. 1422. (a) Within 180 days after the date of enactment 
of this title, the Administrator shall list in the Federal 
Register each State for which in his judgment a State 
underground injection control program may be necessary to 
assure that underground injection will not endanger drinking 
water sources. Such list may be amended from time to time.
    (b)(1)(A) Each State listed under subsection (a) shall 
within 270 days after the date of promulgation of any 
regulation under section 1421 (or, if later, within 270 days 
after such State is first listed under subsection (a)) submit 
to the Administrator an application which contains a showing 
satisfactory to the Administrator that the State--
            (i) has adopted after reasonable notice and public 
        hearings, and will implement, an underground injection 
        control program which meets the requirements of 
        regulations in effect under section 1421; and
            (ii) will keep such records and make such reports 
        with respect to its activities under its underground 
        injection control program as the Administrator may 
        require by regulation.
The Administrator may, for good cause, extend the date for 
submission of an application by any State under this 
subparagraph for a period not to exceed an additional 270 days.
    (B) Within 270 days of any amendment of a regulation under 
section 1421 revising or adding any requirement respecting 
State underground injection control programs, each State listed 
under subsection (a) shall submit (in such form and manner as 
the Administrator may require) a notice to the Administrator 
containing a showing satisfactory to him that the State 
underground injection control program meets the revised or 
added requirement.
    (2) Within ninety days after the State's application under 
paragraph (1)(A) or notice under paragraph (1)(B) and after 
reasonable opportunity for presentation of views, the 
Administrator shall by rule either approve, disapprove, or 
approve in part and disapprove in part, the State's underground 
injection control program.
    (3) If the Administrator approves the State's program under 
paragraph (2), the State shall have primary enforcement 
responsibility for underground water sources until such time as 
the Administrator determines, by rule, that such State no 
longer meets the requirements of clause (i) or (ii) of 
paragraph (1)(A) of this subsection.
    (4) Before promulgating any rule under paragraph (2) or (3) 
of this subsection, the Administrator shall provide opportunity 
for public hearing respecting such rule.
    (c) If the Administrator disapproves a State's program (or 
part thereof) under subsection (b)(2), if the Administrator 
determines under subsection (b)(3) that a State no longer meets 
the requirements of clause (i) or (ii) of subsection (b)(1)(A), 
or if a State fails to submit an application or notice before 
the date of expiration of the period specified in subsection 
(b)(1), the Administrator shall by regulation within 90 days 
after the date of such disapproval, determination, or 
expiration (as the case may be) prescribe (and may from time to 
time by regulation revise) a program applicable to such State 
meeting the requirements of section 1421(b). Such program may 
not include requirements which interfere with or impede--
            (1) the underground injection of brine or other 
        fluids which are brought to the surface in connection 
        with oil or natural gas production or natural gas 
        storage operations, or
            (2) any underground injection for the secondary or 
        tertiary recovery of oil or natural gas,
unless such requirements are essential to assure that 
underground sources of drinking water will not be endangered by 
such injection. Such program shall apply in such State to the 
extent that a program adopted by such State which the 
Administrator determines meets such requirements is not in 
effect. Before promulgating any regulation under this section, 
the Administrator shall provide opportunity for public hearing 
respecting such regulation.
    (d) For purposes of this title, the term ``applicable 
underground injection control program'' with respect to a State 
means the program (or most recent amendment thereof) (1) which 
has been adopted by the State and which has been approved under 
subsection (b), or (2) which has been prescribed by the 
Administrator under subsection (c).
    (e) An Indian Tribe may assume primary enforcement 
responsibility for underground injection control under this 
section consistent with such regulations as the Administrator 
has prescribed pursuant to Part C and section 1451 of this Act. 
The area over which such Indian Tribe exercises governmental 
jurisdiction need not have been listed under subsection (a) of 
this section, and such Tribe need not submit an application to 
assume primary enforcement responsibility within the 270-day 
deadline noted in subsection (b)(1)(A) of this section. Until 
an Indian Tribe assumes primary enforcement responsibility, the 
currently applicable underground injection control program 
shall continue to apply. If an applicable underground injection 
control program does not exist for an Indian Tribe, the 
Administrator shall prescribe such a program pursuant to 
subsection (c) of this section, and consistent with section 
1421(b), within 270 days after the enactment of the Safe 
Drinking Water Act Amendments of 1986, unless an Indian Tribe 
first obtains approval to assume primary enforcement 
responsibility for underground injection control.

[42 U.S.C. 300h-1]


                         enforcement of program


    Sec. 1423. (a)(1) Whenever the Administrator finds during a 
period during which a State has primary enforcement 
responsibility for underground water sources (within the 
meaning of section 1422(b)(3) or section 1425(c)) that any 
person who is subject to a requirement of an applicable 
underground injection control program in such State is 
violating such requirement, he shall so notify the State and 
the person violating such requirement. If beyond the thirtieth 
day after the Administrator's notification the State has not 
commenced appropriate enforcement action, the Administrator 
shall issue an order under subsection (c) requiring the person 
to comply with such requirement or the Administrator shall 
commence a civil action under subsection (b).
    (2) Whenever the Administrator finds during a period during 
which a State does not have primary enforcement responsibility 
for underground water sources that any person subject to any 
requirement of any applicable underground injection control 
program in such State is violating such requirement, the 
Administrator shall issue an order under subsection (c) 
requiring the person to comply with such requirement or the 
Administrator shall commence a civil action under subsection 
(b).
    (b) Civil and Criminal Actions.--Civil actions referred to 
in paragraphs (1) and (2) of subsection (a) shall be brought in 
the appropriate United States district court. Such court shall 
have jurisdiction to require compliance with any requirement of 
an applicable underground injection program or with an order 
issued under subsection (c). The court may enter such judgment 
as protection of public health may require. Any person who 
violates any requirement of an applicable underground injection 
control program or an order requiring compliance under 
subsection (c)--
            (1) shall be subject to a civil penalty of not more 
        than $25,000 for each day of such violation, and
            (2) if such violation is willful, such person may, 
        in addition to or in lieu of the civil penalty 
        authorized by paragraph (1), be imprisoned for not more 
        than 3 years, or fined in accordance with title 18 of 
        the United States Code, or both.
    (c) Administrative Orders.--(1) In any case in which the 
Administrator is authorized to bring a civil action under this 
section with respect to any regulation or other requirement of 
this part other than those relating to--
            (A) the underground injection of brine or other 
        fluids which are brought to the surface in connection 
        with oil or natural gas production, or
            (B) any underground injection for the secondary or 
        tertiary recovery of oil or natural gas,
the Administrator may also issue an order under this subsection 
either assessing a civil penalty of not more than $10,000 for 
each day of violation for any past or current violation, up to 
a maximum administrative penalty of $125,000, or requiring 
compliance with such regulation or other requirement, or both.
    (2) In any case in which the Administrator is authorized to 
bring a civil action under this section with respect to any 
regulation, or other requirement of this part relating to--
            (A) the underground injection of brine or other 
        fluids which are brought to the surface in connection 
        with oil or natural gas production, or
            (B) any underground injection for the secondary or 
        tertiary recovery of oil or natural gas,
the Administrator may also issue an order under this subsection 
either assessing a civil penalty of not more than $5,000 for 
each day of violation for any past or current violation, up to 
a maximum administrative penalty of $125,000, or requiring 
compliance with such regulation or other requirement, or both.
    (3)(A) An order under this subsection shall be issued by 
the Administrator after opportunity (provided in accordance 
with this subparagraph) for a hearing. Before issuing the 
order, the Administrator shall give to the person to whom it is 
directed written notice of the Administrator's proposal to 
issue such order and the opportunity to request, within 30 days 
of the date the notice is received by such person, a hearing on 
the order. Such hearing shall not be subject to section 554 or 
556 of title 5, United States Code, but shall provide a 
reasonable opportunity to be heard and to present evidence.
    (B) The Administrator shall provide public notice of, and 
reasonable opportunity to comment on, any proposed order.
    (C) Any citizen who comments on any proposed order under 
subparagraph (B) shall be given notice of any hearing under 
this subsection and of any order. In any hearing held under 
subparagraph (A), such citizen shall have a reasonable 
opportunity to be heard and to present evidence.
    (D) Any order issued under this subsection shall become 
effective 30 days following its issuance unless an appeal is 
taken pursuant to paragraph (6).
    (4)(A) Any order issued under this subsection shall state 
with reasonable specificity the nature of the violation and may 
specify a reasonable time for compliance.
    (B) In assessing any civil penalty under this subsection, 
the Administrator shall take into account appropriate factors, 
including (i) the seriousness of the violation; (ii) the 
economic benefit (if any) resulting from the violation; (iii) 
any history of such violations; (iv) any good-faith efforts to 
comply with the applicable requirements; (v) the economic 
impact of the penalty on the violator; and (vi) such other 
matters as justice may require.
    (5) Any violation with respect to which the Administrator 
has commenced and is diligently prosecuting an action, or has 
issued an order under this subsection assessing a penalty, 
shall not be subject to an action under subsection (b) of this 
section or section 1424(c) or 1449, except that the foregoing 
limitation on civil actions under section 1449 of this Act 
shall not apply with respect to any violation for which--
            (A) a civil action under section 1449(a)(1) has 
        been filed prior to commencement of an action under 
        this subsection, or
            (B) a notice of violation under section 1449(b)(1) 
        has been given before commencement of an action under 
        this subsection and an action under section 1449(a)(1) 
        of this Act is filed before 120 days after such notice 
        is given.
    (6) Any person against whom an order is issued or who 
commented on a proposed order pursuant to paragraph (3) may 
file an appeal of such order with the United States District 
Court for the District of Columbia or the district in which the 
violation is alleged to have occurred. Such an appeal may only 
be filed within the 30-day period beginning on the date the 
order is issued. Appellant shall simultaneously send a copy of 
the appeal by certified mail to the Administrator and to the 
Attorney General. The Administrator shall promptly file in such 
court a certified copy of the record on which such order was 
imposed. The district court shall not set aside or remand such 
order unless there is not substantial evidence on the record, 
taken as a whole, to support the finding of a violation or, 
unless the Administrator's assessment of penalty or requirement 
for compliance constitutes an abuse of discretion. The district 
court shall not impose additional civil penalties for the same 
violation unless the Administrator's assessment of a penalty 
constitutes an abuse of discretion. Notwithstanding section 
1448(a)(2), any order issued under paragraph (3) shall be 
subject to judicial review exclusively under this paragraph.
    (7) If any person fails to pay an assessment of a civil 
penalty--
            (A) after the order becomes effective under 
        paragraph (3), or
            (B) after a court, in an action brought under 
        paragraph (6), has entered a final judgment in favor of 
        the Administrator,
the Administrator may request the Attorney General to bring a 
civil action in an appropriate district court to recover the 
amount assessed (plus costs, attorneys' fees, and interest at 
currently prevailing rates from the date the order is effective 
or the date of such final judgment, as the case may be). In 
such an action, the validity, amount, and appropriateness of 
such penalty shall not be subject to review.
    (8) The Administrator may, in connection with 
administrative proceedings under this subsection, issue 
subpoenas compelling the attendance and testimony of witnesses 
and subpoenas duces tecum, and may request the Attorney General 
to bring an action to enforce any subpoena under this section. 
The district courts shall have jurisdiction to enforce such 
subpoenas and impose sanction.
    (d) Nothing in this title shall diminish any authority of a 
State or political subdivision to adopt or enforce any law or 
regulation respecting underground injection but no such law or 
regulation shall relieve any person of any requirement 
otherwise applicable under this title.

[42 U.S.C. 300h-2]

              interim regulation of underground injections

    Sec. 1424. (a)(1) Any person may petition the Administrator 
to have an area of a State (or States) designated as an area in 
which no new underground injection well may be operated during 
the period beginning on the date of the designation and ending 
on the date on which the applicable underground injection 
control program covering such area takes effect unless a permit 
for the operation of such well has been issued by the 
Administrator under subsection (b). The Administrator may so 
designate an area within a State if he finds that the area has 
one aquifer which is the sole or principal drinking water 
source for the area and which, if contaminated, would create a 
significant hazard to public health.
    (2) Upon receipt of a petition under paragraph (1) of this 
subsection, the Administrator shall publish it in the Federal 
Register and shall provide an opportunity to interested persons 
to submit written data, views, or arguments thereon. Not later 
than the 30th day following the date of the publication of a 
petition under this paragraph in the Federal Register, the 
Administrator shall either make the designation for which the 
petition is submitted or deny the petition.
    (b)(1) During the period beginning on the date an area is 
designated under subsection (a) and ending on the date the 
applicable underground injection control program covering such 
area takes effect, no new underground injection well may be 
operated in such area unless the Administrator has issued a 
permit for such operation.
    (2) Any person may petition the Administrator for the 
issuance of a permit for the operation of such a well in such 
an area. A petition submitted under this paragraph shall be 
submitted in such manner and contain such information as the 
Administrator may require by regulation. Upon receipt of such a 
petition, the Administrator shall publish it in the Federal 
Register. The Administrator shall give notice of any proceeding 
on a petition and shall provide opportunity for agency hearing. 
The Administrator shall act upon such petition on the record of 
any hearing held pursuant to the preceding sentence respecting 
such petition. Within 120 days of the publication in the 
Federal Register of a petition submitted under this paragraph, 
the Administrator shall either issue the permit for which the 
petition was submitted or shall deny its issuance.
    (3) The Administrator may issue a permit for the operation 
of a new underground injection well in an area designated under 
subsection (a) only if he finds that the operation of such well 
will not cause contamination of the aquifer of such area so as 
to create a significant hazard to public health. The 
Administrator may condition the issuance of such a permit upon 
the use of such control measures in connection with the 
operation of such well, for which the permit is to be issued, 
as he deems necessary to assure that the operation of the well 
will not contaminate the aquifer of the designated area in 
which the well is located so as to create a significant hazard 
to public health.
    (c) Any person who operates a new underground injection 
well in violation of subsection (b), (1) shall be subject to a 
civil penalty of not more than $5,000 for each day in which 
such violation occurs, or (2) if such violation is willful, 
such person may, in lieu of the civil penalty authorized by 
clause (1), be fined not more than $10,000 for each day in 
which such violation occurs. If the Administrator has reason to 
believe that any person is violating or will violate subsection 
(b), he may petition the United States district court to issue 
a temporary restraining order or injunction (including a 
mandatory injunction) to enforce such subsection.
    (d) For purposes of this section, the term ``new 
underground injection well'' means an underground injection 
well whose operation was not approved by appropriate State and 
Federal agencies before the date of the enactment of this 
title.
    (e) If the Administrator determines, on his own initiative 
or upon petition, that an area has an aquifer which is the sole 
or principal drinking water source for the area and which, if 
contaminated, would create a significant hazard to public 
health, he shall publish notice of that determination in the 
Federal Register. After the publication of any such notice, no 
commitment for Federal financial assistance (through a grant, 
contract, loan guarantee, or otherwise) may be entered into for 
any project which the Administrator determines may contaminate 
such aquifer through a recharge zone so as to create a 
significant hazard to public health, but a commitment for 
Federal financial assistance may, if authorized under another 
provision of law, be entered into to plan or design the project 
to assure that it will not so contaminate the aquifer.

[42 U.S.C. 300h-3]

    optional demonstration by states relating to oil or natural gas

    Sec. 1425. (a) For purposes of the Administrator's approval 
or disapproval under section 1422 of that portion of any State 
underground injection control program which relates to--
            (1) the underground injection of brine or other 
        fluids which are brought to the surface in connection 
        with oil or natural gas production or natural gas 
        storage operations, or
            (2) any underground injection for the secondary or 
        tertiary recovery of oil or natural gas,
in lieu of the showing required under subparagraph (A) of 
section 1422(b)(1) the State may demonstrate that such portion 
of the State program meets the requirements of subparagraphs 
(A) through (D) of section 1421(b)(1) and represents an 
effective program (including adequate recordkeeping and 
reporting) to prevent underground injection which endangers 
drinking water sources.
    (b) If the Administrator revises or amends any requirement 
of a regulation under section 1421 relating to any aspect of 
the underground injection referred to in subsection (a), in the 
case of that portion of a State underground injection control 
program for which the demonstration referred to in subsection 
(a) has been made, in lieu of the showing required under 
section 1422(b)(1)(B) the State may demonstrate that, with 
respect to that aspect of such underground injection, the State 
program meets the requirements of subparagraphs (A) through (D) 
of section 1421(b)(1) and represents an effective program 
(including adequate recordkeeping and reporting) to prevent 
underground injection which endangers drinking water sources.
    (c)(1) Section 1422(b)(3) shall not apply to that portion 
of any State underground injection control program approved by 
the Administrator pursuant to a demonstration under subsection 
(a) of this section (and under subsection (b) of this section 
where applicable).
    (2) If pursuant to such a demonstration, the Administrator 
approves such portion of the State program, the State shall 
have primary enforcement responsibility with respect to that 
portion until such time as the Administrator determines, by 
rule, that such demonstration is no longer valid. Following 
such a determination, the Administrator may exercise the 
authority of subsection (c) of section 1422 in the same manner 
as provided in such subsection with respect to a determination 
described in such subsection.
    (3) Before promulgating any rule under paragraph (2), the 
Administrator shall provide opportunity for public hearing 
respecting such rule.

[42 U.S.C. 300h-4]


               [sec. 1426. regulation of state programs]


                      regulation of state programs


    Sec. 1426. (a) \1\ Not later than 18 months after enactment 
of the Safe Drinking Water Act Amendments of 1986, the 
Administrator shall modify regulations issued under this Act 
for Class I injection wells to identify monitoring methods, in 
addition to those in effect on November 1, 1985, including 
groundwater monitoring. In accordance with such regulations, 
the Administrator, or delegated State authority, shall 
determine the applicability of such monitoring methods, 
wherever appropriate, at locations and in such a manner as to 
proivide the earliest possible detection of fluid migration 
into, or in the direction of, underground sources of drinking 
water from such wells, based on its assessment of the potential 
for fluid migration from the injection zone that may be harmful 
to human health or the environment. For purposes of this 
subsection, a class I injection well is defined in accordance 
with 40 CFR 146.05 as in effect on November 1, 1985.
---------------------------------------------------------------------------
    \1\ Public Law 104-66 struck the designation ``(a)'' and subsection 
(b). Section 501(f)(2) of Public Law 104-182 amended the section 
heading and designation. The ``(a)'' should be deleted.
---------------------------------------------------------------------------

[42 U.S.C. 300h-5]


         [sec. 1427. sole source aquifer demonstration program]


               sole source aquifer demonstration program


    Sec. 1427. (a) Purpose.--The purpose of this section is to 
establish procedures for development, implementation, and 
assessment of demonstration programs designed to protect 
critical aquifer protection areas located within areas 
designated as sole or principal source aquifers under section 
1424(e) of this Act.
    (b) Definition.--For purposes of this section, the term 
``critical aquifer protection area'' means either of the 
following:
            (1) All or part of an area located within an area 
        for which an application or designation as a sole or 
        principal source aquifer pursuant to section 1424(e), 
        has been submitted and approved by the Administrator 
        [not later than 24 months after the enactment of the 
        Safe Drinking Water Act Amendments of 1986] and which 
        satisfies the criteria established by the Administrator 
        under subsection (d).
            (2) All or part of an area which is within an 
        aquifer designated as a sole source aquifer as of the 
        enactment of the Safe Drinking Water Act Amendments of 
        1986 and for which an areawide ground water quality 
        protection plan has been approved under section 208 of 
        the Clean Water Act prior to such enactment.
    (c) Application.--Any State, municipal or local government 
or political subdivision thereof of any planning entity 
(including any interstate regional planning entity) that 
identifies a critical aquifer protection area over which it has 
authority or jurisdiction may apply to the Administrator for 
the selection of such area for a demonstration program under 
this section. Any applicant shall consult with other government 
or planning entities with authority or jurisdiction in such 
area prior to application. Applicants, other than the Governor, 
shall submit the application for a demonstration program 
jointly with the Governor.
    (d) Criteria.--Not later than 1 year after the enactment of 
the Safe Drinking Water Act Amendments of 1986, the 
Administrator shall, by rule, establish criteria for 
identifying critical aquifer protection areas under this 
section. In establishing such criteria, the Administrator shall 
consider each of the following:
            (1) The vulnerability of the aquifer to 
        contamination due to hydrogeologic characteristics.
            (2) The number of persons or the proportion of 
        population using the ground water as a drinking water 
        source.
            (3) The economic, social and environmental benefits 
        that would result to the area from maintenance of 
        ground water of high quality.
            (4) The economic, social and environmental costs 
        that would result from degradation of the quality of 
        the ground water.
    (e) Contents of Application.--An application submitted to 
the Administrator by any applicant for demonstration program 
under this section shall meet each of the following 
requirements:
            (1) The application shall propose boundaries for 
        the critical aquifer protection area within its 
        jurisdiction.
            (2) The application shall designate or, if 
        necessary, establish a planning entity (which shall be 
        a public agency and which shall include representation 
        of elected local and State governmental officials) to 
        develop a comprehensive management plan (hereinafter in 
        this section referred to as the ``plan'') for the 
        critical protection area. Where a local government 
        planning agency exists with adequate authority to carry 
        out this section with respect to any proposed critical 
        protection area, such agency shall be designated as the 
        planning entity.
            (3) The application shall establish procedures for 
        public participation in the development of the plan, 
        for review, approval, and adoption of the plan, and for 
        assistance to municipalities and other public agencies 
        with authority under State law to implement the plan.
            (4) The application shall include a hydrogeologic 
        assessment of surface and ground water resources within 
        the critical protection area.
            (5) The application shall include a comprehensive 
        management plan for the proposed protection area.
            (6) The application shall include the measures and 
        schedule proposed for implementation of such plan.
    (f) Comprehensive Plan.--
            (1) The objective of a comprehensive management 
        plan submitted by an applicant under this section shall 
        be to maintain the quality of the ground water in the 
        critical protection area in a manner reasonably 
        expected to protect human health, the environment and 
        ground water resources. In order to achieve such 
        objective, the plan may be designed to maintain, to the 
        maximum extent possible, the natural vegetative and 
        hydrogeological conditions. Each of the following 
        elements shall be included in such a protection plan:
                    (A) A map showing the detailed boundary of 
                the critical protection area.
                    (B) An identification of existing and 
                potential point and nonpoint sources of ground 
                water degradation.
                    (C) An assessment of the relationship 
                between activities on the land surface and 
                ground water quality.
                    (D) Specific actions and management 
                practices to be implemented in the critical 
                protection area to prevent adverse impacts on 
                ground water quality.
                    (E) Identification of authority adequate to 
                implement the plan, estimates of program costs, 
                and sources of State matching funds.
            (2) Such plan may also include the following:
                    (A) A determination of the quality of the 
                existing ground water recharged through the 
                special protection area and the natural 
                recharge capabilities of the special protection 
                area watershed.
                    (B) Requirements designed to maintain 
                existing underground drinking water quality or 
                improve underground drinking water quality if 
                prevailing conditions fail to meet drinking 
                water standards, pursuant to this Act and State 
                law.
                    (C) Limits on Federal, State, and local 
                government, financially assisted activities and 
                projects which may contribute to degradation of 
                such ground water or any loss of natural 
                surface and subsurface infiltration of 
                purification capability of the special 
                protection watershed.
                    (D) A comprehensive statement of land use 
                management including emergency contingency 
                planning as it pertains to the maintenance of 
                the quality of underground sources of drinking 
                water or to the improvement of such sources if 
                necessary to meet drinking water standards 
                pursuant to this Act and State law.
                    (E) Actions in the special protection area 
                which would avoid adverse impacts on water 
                quality, recharge capabilities, or both.
                    (F) Consideration of specific techniques, 
                which may include clustering, transfer of 
                development rights, and other innovative 
                measures sufficient to achieve the objectives 
                of this section.
                    (G) Consideration of the establishment of a 
                State institution to facilitate and assist 
                funding a development transfer credit system.
                    (H) A program for State and local 
                implementation of the plan described in this 
                subsection in a manner that will insure the 
                continued, uniform, consistent protection of 
                the critical protection area in accord with the 
                purposes of this section.
                    (I) Pollution abatement measures, if 
                appropriate.
    (g) Plans Under Section 208 of the Clean Water Act.--A plan 
approved before the enactment of the Safe Drinking Water Act 
Amendments of 1986 under section 208 of the Clean Water Act to 
protect a sole source aquifer designated under section 1424(e) 
of this Act shall be considered a comprehensive management plan 
for the purposes of this section.
    (h) Consultation and Hearings.--During the development of a 
comprehensive management plan under this section, the planning 
entity shall consult with, and consider the comments of, 
appropriate officials of any municipality and State or Federal 
agency which has jurisdiction over lands and waters within the 
special protection area, other concerned organizations and 
technical and citizen advisory committees. The planning entity 
shall conduct public hearings at places within the special 
protection area for the purpose of providing the opportunity to 
comment on any aspect of the plan.
    (i) Approval or Disapproval.--Within 120 days after receipt 
of an application under this section, the Administrator shall 
approve or disapprove the application. The approval or 
disapproval shall be based on a determination that the critical 
protection area satisfies the criteria established under 
subsection (d) and that a demonstration program for the area 
would provide protection for ground water quality consistent 
with the objectives stated in subsection (f). The Administrator 
shall provide to the Governor a written explanation of the 
reasons for the disapproval of any such application. Any 
petitioner may modify and resubmit any application which is not 
approved. Upon approval of an application, the Administrator 
may enter into a cooperative agreement with the applicant to 
establish a demonstration program under this section.
    (j) Grants and Reimbursement.--Upon entering a cooperative 
agreement under subsection (i), the Administrator may provide 
to the applicant, on a matching basis, a grant of 50 per centum 
of the costs of implementing the plan established under this 
section. The Administrator may also reimburse the applicant of 
an approved plan up to 50 per centum of the costs of developing 
such plan, except for plans approved under section 208 of the 
Clean Water Act. The total amount of grants under this section 
for any one aquifer, designated under section 1424(e), shall 
not exceed $4,000,000 in any one fiscal year.
    (k) Activities Funded Under Other Law.--No funds authorized 
under this [subsection] section may be used to fund activities 
funded under other sections of this Act or the Clean Water Act, 
the Solid Waste Disposal Act, the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 or other 
environmental laws.
    (l) Savings Provision.--Nothing under this section shall be 
construed to amend, supersede or abrogate rights to quantities 
of water which have been established by interstate water 
compacts, Supreme Court decrees, or State water laws, or any 
requirement imposed or right provided under any Federal or 
State environmental or public health statute.
    (m) Authorization.--There are authorized to be appropriated 
to carry out this section not more than the following amounts:

Fiscal year:
                                                                Amount  
    1987................................................    $10,000,000 
    1988................................................     15,000,000 
    1989................................................     17,500,000 
    1990................................................     17,500,000 
    1991................................................     17,500,000 
    1992-2003...........................................     15,000,000.

Matching grants under this section may also be used to 
implement or update any water quality management plan for a 
sole or principal source aquifer approved (before the date of 
the enactment of this section) by the Administrator under 
section 208 of the Federal Water Pollution Control Act.

[42 U.S.C. 300h-6]

   [sec. 1428. state programs to establish wellhead protection areas]

         state programs to establish wellhead protection areas

    Sec. 1428. (a) State Programs.--The Governor ordir 
Governor's designee of each State shall, within 3 years of the 
date of enactment of the Safe Drinking Water Act Amendments of 
1986, adopt and submit to the Administrator a State program to 
protect wellhead areas within their jurisdiction from 
contaminants which may have any adverse effect on the health of 
persons. Each State program under this section shall, at a 
minimum--
            (1) specify the duties of State agencies, local 
        governmental entities, and public water supply systems 
        with respect to the development and implementation of 
        programs required by this section;
            (2) for each wellhead, determine the wellhead 
        protection areas as defined in subsection (e) based on 
        all reasonably available hydrogeologic information on 
        ground water flow, recharge and discharge and other 
        information the State deems necessary to adequately 
        determine the wellhead protection area;
            (3) identify within each wellhead protection area 
        all potential anthropogenic sources of contaminants 
        which may have any adverse effect on the health of 
        persons;
            (4) describe a program that contains, as 
        appropriate, technical assistance, financial 
        assistance, implementation of control measures, 
        education, training, and demonstration projects to 
        protect the water supply within wellhead protection 
        areas from such contaminants;
            (5) include contingency plans for the location and 
        provision of alternate drinking water supplies for each 
        public water system in the event of well or wellfield 
        contamination by such contaminants; and
            (6) include a requirement that consideration be 
        given to all potential sources of such contaminants 
        within the expected wellhead area of a new water well 
        which serves a public water supply system.
    (b) Public Participation.--To the maximum extent possible, 
each State shall establish procedures, including but not 
limited to the establishment of technical and citizens' 
advisory committees, to encourage the public to participate in 
developing the protection program for wellhead areas and source 
water assessment programs under section 1453. Such procedures 
shall include notice and opportunity for public hearing on the 
State program before it is submitted to the Administrator.
    (c) Disapproval.--
            (1) In general.--If, in the judgment of the 
        Administrator, a State program or portion thereof under 
        subsection (a) is not adequate to protect public water 
        systems as required by subsection (a) or a State 
        program under section 1453 or section 1418(b) does not 
        meet the applicable requirements of section 1453 or 
        section 1418(b), the Administrator shall disapprove 
        such program or portion thereof. A State program 
        developed pursuant to subsection (a) shall be deemed to 
        be adequate unless the Administrator determines, within 
        9 months of the receipt of a State program, that such 
        program (or portion thereof) is inadequate for the 
        purpose of protecting public water systems as required 
        by this section from contaminants that may have any 
        adverse effect on the health of persons. A State 
        program developed pursuant to section 1453 or section 
        1418(b) shall be deemed to meet the applicable 
        requirements of section 1453 or section 1418(b) unless 
        the Administrator determines within 9 months of the 
        receipt of the program that such program (or portion 
        thereof) does not meet such requirements. If the 
        Administrator determines that a proposed State program 
        (or any portion thereof) [is inadequate] is 
        disapproved, the Administrator shall submit a written 
        statement of the reasons for such determination to the 
        Governor of the State.
            (2) Modification and resubmission.--Within 6 months 
        after receipt of the Administrator's written notice 
        under paragraph (1) that any proposed State program (or 
        portion thereof) is disapproved, the Governor or 
        Governor's designee, shall modify the program based 
        upon the recommendations of the Administrator and 
        resubmit the modified program to the Administrator.
    (d) Federal Assistance.--After the date 3 years after the 
enactment of this section, no State shall receive funds 
authorized to be appropriated under this section except for the 
purpose of implementing the program and requirements of 
paragraphs (4) and (6) of subsection (a).
    (e) Definition of Wellhead Protection Area.--As used in 
this section, the term ``wellhead protection area'' means the 
surface and subsurface area surrounding a water well or 
wellfield, supplying a public water system, through which 
contaminants are reasonably likely to move toward and reach 
such water well or wellfield. The extent of a wellhead 
protection area, within a State, necessary to provide 
protection from contaminants which may have any adverse effect 
on the health of persons is to be determined by the State in 
the program submitted under subsection (a). Not later than one 
year after the enactment of the Safe Drinking Water Act 
Amendments of 1986, the Administrator shall issue technical 
guidance which States may use in making such determinations. 
Such guidance may reflect such factors as the radius of 
influence around a well or wellfield, the depth of drawdown of 
the water table by such well or wellfield at any given point, 
the time or rate of travel of various contaminants in various 
hydrologic conditions, distance from the well or wellfield, or 
other factors affecting the likelihood of contaminants reaching 
the well or wellfield, taking into account available 
engineering pump tests or comparable data, field 
reconnaissance, topographic information, and the geology of the 
formation in which the well or wellfield is located.
    (f) Prohibitions.--
            (1) Activities under other laws.--No funds 
        authorized to be appropriated under this section may be 
        used to support activities authorized by the Federal 
        Water Pollution Control Act, the Solid Waste Disposal 
        Act, the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980, or other 
        sections of this Act.
            (2) Individual sources.--No funds authorized to be 
        appropriated under this section may be used to bring 
        individual sources of contamination into compliance.
    (g) Implementation.--Each State shall make every reasonable 
effort to implement the State wellhead area protection program 
under this section within 2 years of submitting the program to 
the Administrator. Each State shall submit to the Administrator 
a biennial status report describing the State's progress in 
implementing the program. Such report shall include amendments 
to the State program for water wells sited during the biennial 
period.
    (h) Federal Agencies.--Each department, agency, and 
instrumentality of the executive, legislative, and judicial 
branches of the Federal Government having jurisdiction over any 
potential source of contaminants identified by a State program 
pursuant to the provisions of subsection (a)(3) shall be 
subject to and comply with all requirements of the State 
program developed according to subsection (a)(4) applicable to 
such potential source of contaminants, both substantive and 
procedural, in the same manner, and to the same extent, as any 
other person is subject to such requirements, including payment 
of reasonable charges and fees. The President may exempt any 
potential source under the jurisdiction of any department, 
agency, or instrumentality in the executive branch if the 
President determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due 
to the lack of an appropriation unless the President shall have 
specifically requested such appropriation as part of the 
budgetary process and the Congress shall have failed to make 
available such requested appropriations.
    (i) Additional Requirement.--
            (1) In general.--In addition to the provisions of 
        subsection (a) of this section, States in which there 
        are more than 2,500 active wells at which annular 
        injection is used as of January 1, 1986, shall include 
        in their State program a certification that a State 
        program exists and is being adequately enforced that 
        provides protection from contaminants which may have 
        any adverse effect on the health of persons and which 
        are associated with the annular injection or surface 
        disposal of brines associated with oil and gas 
        production.
            (2) Definition.--For purposes of this subsection, 
        the term ``annular injection'' means the reinjection of 
        brines associated with the production of oil or gas 
        between the production and surface casings of a 
        conventional oil or gas producing well.
            (3) Review.--The Administrator shall conduct a 
        review of each program certified under this subsection.
            (4) Disapproval.--If a State fails to include the 
        certification required by this subsection or if in the 
        judgment of the Administrator the State program 
        certified under this subsection is not being adequately 
        enforced, the Administrator shall disapprove the State 
        program submitted under subsection (a) of this section.
    (j) Coordination With Other Laws.--Nothing in this section 
shall authorize or require any department, agency, or other 
instrumentality of the Federal Government or State or local 
government to apportion, allocate or otherwise regulate the 
withdrawal or beneficial use of ground or surface waters, so as 
to abrogate or modify any existing rights to water established 
pursuant to State or Federal law, including interstate 
compacts.
    (k) Authorization of Appropriations.--Unless the State 
program is disapproved under this section, the Administrator 
shall make grants to the State for not less than 50 or more 
than 90 percent of the costs incurred by a State (as determined 
by the Administrator) in developing and implementing each State 
program under this section. For purposes of making such grants 
there is authorized to be appropriated not more than the 
following amounts:

Fiscal year:
                                                                Amount  
    1987................................................    $20,000,000 
    1988................................................     20,000,000 
    1989................................................     35,000,000 
    1990................................................     35,000,000 
    1991................................................     35,000,000 
    1992-2003...........................................     30,000,000.

[42 U.S.C. 300h-7]

                  state ground water protection grants

    Sec. 1429. (a) 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.
    (b) Guidance.--Not later than 1 year after the date of 
enactment of the Safe Drinking Water Act Amendments of 1996, 
and annually thereafter, the Administrator shall publish 
guidance that establishes procedures for application for State 
groundwater protection program assistance and that identifies 
key elements of State ground water protection programs.
    (c) Conditions of Grants.--
            (1) 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.
            (2) Innovative program grants.--The Administrator 
        may also award a grant pursuant to this subsection for 
        innovative programs proposed by a State for the 
        prevention of ground water contamination.
            (3) 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 
        section are allocated to each State that submits an 
        application that is approved by the Administrator 
        pursuant to this section.
            (4) Limitation on grants.--No grant awarded by the 
        Administrator may be used for a project to remediate 
        ground water contamination.
    (d) 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.
    (e) Evaluations and Reports.--Not later than 3 years after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996, 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 section and 
report to the Congress on the status of ground water quality in 
the United States and the effectiveness of State programs for 
ground water protection.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $15,000,000 for 
each of fiscal years 1997 through 2003.

[42 U.S.C. 300h-8]

                        Part D--Emergency Powers

                            emergency powers

    Sec. 1431. (a) Notwithstanding any other provision of this 
title, the Administrator, upon receipt of information that a 
contaminant which is present in or is likely to enter a public 
water system or an underground source of drinking water may 
present an imminent and substantial endangerment to the health 
of persons, and that appropriate State and local authorities 
have not acted to protect the health of such persons, may take 
such actions as he may deem necessary in order to protect the 
health of such persons. To the extent he determines it to be 
practicable in light of such imminent endangerment, he shall 
consult with the State and local authorities in order to 
confirm the correctness of the information on which action 
proposed to be taken under this subsection is based and to 
ascertain the action which such authorities are or will be 
taking. The action which the Administrator may take may include 
(but shall not be limited to) (1) issuing such orders as may be 
necessary to protect the health of persons who are or may be 
users of such system (including travelers), including orders 
requiring the provision of alternative water supplies by 
persons who caused or contributed to the endangerment, and (2) 
commencing a civil action for appropriate relief, including a 
restraining order or permanent or temporary injunction.
    (b) Any person who violates or fails or refuses to comply 
with any order issued by the Administrator under subsection 
(a)(1) may, in an action brought in the appropriate United 
States district court to enforce such order, be subject to a 
civil penalty of not to exceed [$5,000] $15,000 for each day in 
which such violation occurs or failure to comply continues.

[42 U.S.C. 300i]

            [sec. 1432. tampering with public water systems]

                  tampering with public water systems

    Sec. 1432. (a) Tampering.--Any person who tampers with a 
public water system shall be imprisoned for not more than 5 
years, or fined in accordance with title 18 of the United 
States Code, or both.
    (b) Attempt or Threat.--Any person who attempts to tamper, 
or makes a threat to tamper, with a public drinking water 
system shall be imprisoned for not more than 3 years, or fined 
in accordance with title 18 of the United States Code, or both.
    (c) Civil Penalty.--The Administrator may bring a civil 
action in the appropriate United States district court (as 
determined under the provisions of title 28 of the United 
States Code) against any person who tampers, attempts to 
tamper, or makes a threat to tamper with a public water system. 
The court may impose on such person a civil penalty of not more 
than $50,000 for such tampering or not more than $20,000 for 
such attempt or threat.
    (d) Definition of ``Tamper''.--For purposes of this 
section, the term ``tamper'' means--
            (1) to introduce a contaminant into a public water 
        system with the intention of harming persons; or
            (2) to otherwise interfere with the operation of a 
        public water system with the intention of harming 
        persons.

[42 U.S.C. 300i-1]

                       Part E--General Provisions

 assurance of availability of adequate supplies of chemicals necessary 
                         for treatment of water

    Sec. 1441. (a) If any person who uses chlorine, activated 
carbon, lime, ammonia, soda ash, potassium permanganate, 
caustic soda, or other chemical or substance for the purpose of 
treating water in any public water system or in any public 
treatment works determines that the amount of such chemical or 
substance necessary to effectively treat such water is not 
reasonably available to him or will not be so available to him 
when required for the effective treatment of such water, such 
person may apply to the Administrator for a certification 
(hereinafter in this section referred to as a ``certification 
of need'') that the amount of such chemical or substance which 
such person requires to effectively treat such water is not 
reasonably available to him or will not be so available when 
required for the effective treatment of such water.
    (b)(1) An application for a certification of need shall be 
in such form and submitted in such manner as the Administrator 
may require and shall (A) specify the persons the applicant 
determines are able to provide the chemical or substance with 
respect to which the application is submitted, (B) specify the 
persons from whom the applicant has sought such chemical or 
substance, and (C) contain such other information as the 
Administrator may require.
    (2) Upon receipt of an application under this section, the 
Administrator shall (A) publish in the Federal Register a 
notice of the receipt of the application and a brief summary of 
it, (B) notify in writing each person whom the President or his 
delegate (after consultation with the Administrator) determines 
could be made subject to an order required to be issued upon 
the issuance of the certification of need applied for in such 
application, and (C) provide an opportunity for the submission 
of written comments on such application. The requirements of 
the preceding sentence of this paragraph shall not apply when 
the Administrator for good cause finds (and incorporates the 
finding with a brief statement of reasons therefor in the order 
issued) that waiver of such requirements is necessary in order 
to protect the public health.
    (3) Within 30 days after--
            (A) the date a notice is published under paragraph 
        (2) in the Federal Register with respect to an 
        application submitted under this section for the 
        issuance of a certification of need, or
            (B) the date on which such application is received 
        if as authorized by the second sentence of such 
        paragraph no notice is published with respect to such 
        application,
the Administrator shall take action either to issue or deny the 
issuance of a certification of need.
    (c)(1) If the Administrator finds that the amount of a 
chemical or substance necessary for an applicant under an 
application submitted under this section to effectively treat 
water in a public water system or in a public treatment works 
is not reasonably available to the applicant or will not be so 
available to him when required for the effective treatment of 
such water, the Administrator shall issue a certification of 
need. Not later than seven days following the issuance of such 
certification, the President or his delegate shall issue an 
order requiring the provision to such person of such amounts of 
such chemical or substance as the Administrator deems necessary 
in the certification of need issued for such person. Such order 
shall apply to such manufacturers, producers, processors, 
distributors, and repackagers of such chemical or substance as 
the President or his delegate deems necessary and appropriate, 
except that such order may not apply to any manufacturer, 
producer, or processor of such chemical or substance who 
manufactures, produces, or processes (as the case may be) such 
chemical or substance solely for its own use. Persons subject 
to an order issued under this section shall be given a 
reasonable opportunity to consult with the President or his 
delegate with respect to the implementation of the order.
    (2) Orders which are to be issued under paragraph (1) to 
manufacturers, producers, and processors of a chemical or 
substance shall be equitably apportioned, as far as 
practicable, among all manufacturers, producers, and processors 
of such chemical or substance; and orders which are to be 
issued under paragraph (1) to distributors and repackagers of a 
chemical or substance shall be equitably apportioned, as far as 
practicable, among all distributors and repackagers of such 
chemical or substance. In apportioning orders issued under 
paragraph (1) to manufacturers, producers, processors, 
distributors, and repackagers of chlorine, the President or his 
delegate shall, in carrying out the requirements of the 
preceding sentence, consider--
            (A) the geographical relationships and established 
        commercial relationships between such manufacturers, 
        producers, processors, distributors, and repackagers 
        and the persons for whom the orders are issued;
            (B) in the case of orders to be issued to producers 
        of chlorine, the (i) amount of chlorine historically 
        supplied by each such producer to treat water in public 
        water systems and public treatment works, and (ii) 
        share of each such producer of the total annual 
        production of chlorine in the United States; and
            (C) such other factors as the President or his 
        delegate may determine are relevant to the 
        apportionment of orders in accordance with the 
        requirements of the preceding sentence.
    (3) Subject to subsection (f), any person for whom a 
certification of need has been issued under this subsection may 
upon the expiration of the order issued under paragraph (1) 
upon such certification apply under this section for additional 
certifications.
    (d) There shall be available as a defense to any action 
brought for breach of contract in a Federal or State court 
arising out of delay or failure to provide, sell, or offer for 
sale or exchange a chemical or substance subject to an order 
issued pursuant to subsection (c)(1), that such delay or 
failure was caused solely by compliance with such order.
    (e)(1) Whoever knowingly fails to comply with any order 
issued pursuant to subsection (c)(1) shall be fined not more 
than $5,000 for each such failure to comply.
    (2) Whoever fails to comply with any order issued pursuant 
to subsection (c)(1) shall be subject to a civil penalty of not 
more than $2,500 for each such failure to comply.
    (3) Whenever the Administrator or the President or his 
delegate has reason to believe that any person is violating or 
will violate any order issued pursuant to subsection (c)(1), he 
may petition a United States district court to issue a 
temporary restraining order or preliminary or permanent 
injunction (including a mandatory injunction) to enforce the 
provisions of such order.
    (f) No certification of need or order issued under this 
section may remain in effect for more than one year.

[42 U.S.C. 300j]

   research, technical assistance, information, training of personnel

    Sec. 1442. (a)(1) The Administrator may conduct research, 
studies, and demonstrations relating to the causes, diagnosis, 
treatment, control, and prevention of physical and mental 
diseases and other impairments of man resulting directly or 
indirectly from contaminants in water, or to the provision of a 
dependably safe supply of drinking water, including--
            (A) improved methods (i) to identify and measure 
        the existence of contaminants in drinking water 
        (including methods which may be used by State and local 
        health and water officials), and (ii) to identify the 
        source of such contaminants;
            (B) improved methods to identify and measure the 
        health effects of contaminants in drinking water;
            (C) new methods of treating raw water to prepare it 
        for drinking, so as to improve the efficiency of water 
        treatment and to remove contaminants from water;
            (D) improved methods for providing a dependably 
        safe supply of drinking water, including improvements 
        in water purification and distribution, and methods of 
        assessing the health related hazards of drinking water; 
        and
            (E) improved methods of protecting underground 
        water sources of public water systems from 
        contamination.
    [(2)(A) The Administrator shall, to the maximum extent 
feasible, provide technical assistance to the States and 
municipalities in the establishment and administration of 
public water system supervision programs (as defined in section 
1443(c)(1)).]
    (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.
    [(3)(A) The Administrator shall conduct studies, and make 
periodic reports to Congress, on the costs of carrying out 
regulations prescribed under section 1412.
    [(B) Not later than eighteen months after the date of 
enactment of this subparagraph, the Administrator shall submit 
a report to Congress which identifies and analyzes--
            [(i) the anticipated costs of compliance with 
        interim and revised national primary drinking water 
        regulations and the anticipated costs to States and 
        units of local governments in implementing such 
        regulations;
            [(ii) alternative methods of (including alternative 
        treatment techniques for) compliance with such 
        regulations;
            [(iii) methods of paying the costs of compliance by 
        public water systems with national primary drinking 
        water regulations, including user charges, State or 
        local taxes or subsidies, Federal grants (including 
        planning or construction grants, or both), loans, and 
        loan guarantees, and other methods of assisting in 
        paying the costs of such compliance;
            [(iv) the advantages and disadvantages of each of 
        the methods referred to in clauses (ii) and (iii);
            [(v) the sources of revenue presently available 
        (and projected to be available) to public water systems 
        to meet current and future expenses; and
            [(vi) the costs of drinking water paid by 
        residential and industrial consumers in a sample of 
        large, medium, and small public water systems and of 
        individually owned wells, and the reasons for any 
        differences in such costs.
        [The report required by this subparagraph shall 
        identify and analyze the items required in clauses (i) 
        through (v) separately with respect to public water 
        systems serving small communities. The report required 
        by this subparagraph shall include such recommendations 
        as the Administrator deems appropriate.
    [(11)] (3) The Administrator shall carry out a study of 
polychlorinated biphenyl contamination of actual or potential 
sources of drinking water, contamination of such sources by 
other substances known or suspected to be harmful to public 
health, the effects of such contamination, and means of 
removing, treating, or otherwise controlling such 
contamination. To assist in carrying out this paragraph, the 
Administrator is authorized to make grants to public agencies 
and private nonprofit institutions.
    (4) The Administrator shall conduct a survey and study of--
            (A) disposal of waste (including residential waste) 
        which may endanger underground water which supplies, or 
        can reasonably be expected to supply, any public water 
        systems, and
            (B) means of control of such waste disposal.
Not later than one year after the date of enactment of this 
title, he shall transmit to the Congress the results of such 
survey and study, together with such recommendations as he 
deems appropriate.
    (5) The Administrator shall carry out a study of methods of 
underground injection which do not result in the degradation of 
underground drinking water sources.
    (6) The Administrator shall carry out a study of methods of 
preventing, detecting, and dealing with surface spills of 
contaminants which may degrade underground water sources for 
public water systems.
    (7) The Administrator shall carry out a study of virus 
contamination of drinking water sources and means of control of 
such contamination.
    (8) The Administrator shall carry out a study of the nature 
and extent of the impact on underground water which supplies or 
can reasonably be expected to supply public water systems of 
(A) abandoned injection or extraction wells; (B) intensive 
application of pesticides and fertilizers in underground water 
recharge areas; and (C) ponds, pools, lagoons, pits, or other 
surface disposal of contaminants in underground water recharge 
areas.
    (9) The Administrator shall conduct a comprehensive study 
of public water supplies and drinking water sources to 
determine the nature, extent, sources of and means of control 
of contamination by chemicals or other substances suspected of 
being carcinogenic. Not later than six months after the date of 
enactment of this title, he shall transmit to the Congress the 
initial results of such study, together with such 
recommendations for further review and corrective action as he 
deems appropriate.
    (10) The Administrator shall carry out a study of the 
reaction of chlorine and humic acids and the effects of the 
contaminants which result from such reaction on public health 
and on the safety of drinking water, including any carcinogenic 
effect.
    [(b) In carrying out this title, the Administrator is 
authorized to--
            [(1) 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 therewith;
            [(2) make available research facilities of the 
        Agency to appropriate public authorities, institutions, 
        and individuals engaged in studies and research 
        relating to the purposes of this title;]
    [(B)] (b) The Administrator is authorized to provide 
technical assistance and to make grants to States, or publicly 
owned water systems to assist in responding to and alleviating 
any emergency situation affecting public water systems 
(including sources of water for such systems) which the 
Administrator determines to present substantial danger to the 
public health. Grants provided under this subparagraph shall be 
used only to support those actions which (i) are necessary for 
preventing, limiting or mitigating danger to the public health 
in such emergency situation and (ii) would not, in the judgment 
of the Administrator, be taken without such emergency 
assistance. The Administrator may carry out the program 
authorized under this subparagraph as part of, and in 
accordance with the terms and conditions of, any other program 
of assistance for environmental emergencies which the 
Administrator is authorized to carry out under any other 
provision of law. No limitation on appropriations for any such 
other program shall apply to amounts appropriated under this 
subparagraph.
    [(c) Not later than 2 years after the date of enactment of 
the Safe Drinking Water Act Amendments of 1995, and every 5 
years thereafter, the Administrator shall submit a report to 
Congress on the present and projected future availability of an 
adequate and dependable supply of safe drinking water to meet 
present and projected future need. Such report shall include an 
analysis of the future demand for drinking water and other 
competing uses of water, the availability and use of methods to 
conserve water or reduce demand, the adequacy of present 
measures to assure adequate and dependable supplies of safe 
drinking water, and the problems (financial, legal, or other) 
which need to be resolved in order to assure the availability 
of such supplies for the future. Existing information and data 
compiled by the National Water Commission and others shall be 
utilized to the extent possible.
    [(d)] (c) The Administrator shall--
            (1) provide training for, and make grants for 
        training (including postgraduate training) of (A) 
        personnel of State agencies which have primary 
        enforcement responsibility and of agencies or units of 
        local government to which enforcement responsibilities 
        have been delegated by the State, and (B) personnel who 
        manage or operate public water systems, and
            (2) make grants for postgraduate training of 
        individuals (including grants to educational 
        institutions for traineeships) for purposes of 
        qualifying such individuals to work as personnel 
        referred to in paragraph (1).
            (3) make grants to, and enter into contracts with, 
        any public agency, educational institution, and any 
        other organization, in accordance with procedures 
        prescribed by the Administrator, under which he may pay 
        all or a part of the costs (as may be determined by the 
        Administrator) of any project or activity which is 
        designed--
                    (A) to develop, expand, or carry out a 
                program (which may combine training education 
                and employment) for training persons for 
                occupations involving the public health aspects 
                of providing safe drinking water;
                    (B) to train inspectors and supervisory 
                personnel to train or supervise persons in 
                occupations involving the public health aspects 
                of providing safe drinking water; or
                    (C) to develop and expand the capability of 
                programs of States and municipalities to carry 
                out the purposes of this title (other than by 
                carrying out State programs of public water 
                system supervision or underground water source 
                protection (as defined in section 1443(c))).
        Reasonable fees may be charged for training provided 
        under paragraph (1)(B) to persons other than personnel 
        of State or local agencies but such training shall be 
        provided to personnel of State or local agencies 
        without charge.
    [(f)] (d) There are authorized to be appropriated to carry 
out the provisions of this section other than subsection 
(a)(2)(B) and provisions relating to research $15,000,000 for 
the fiscal year ending June 30, 1975; $25,000,000 for the 
fiscal year ending June 30, 1976; $35,000,000 for the fiscal 
year ending June 30, 1977; $17,000,000 for each of the fiscal 
years 1978 and 1979; $21,405,000 for the fiscal year ending 
September 30, 1980; $30,000,000 for the fiscal year ending 
September 30, 1981; and $35,000,000 for the fiscal year ending 
September 30, 1982. There are authorized to be appropriated to 
carry out subsection (a)(2)(B) $8,000,000 for each of the 
fiscal years 1978 through 1982. There are authorized to be 
appropriated to carry out subsection (a)(2)(B) not more than 
the following amounts:
Fiscal year:
                                                                Amount  
    1987................................................      $7,650,000
    1988................................................       7,650,000
    1989................................................       8,050,000
    1990................................................       8,050,000
    1991................................................       8,050,000

There are authorized to be appropriated to carry out the 
provisions of this section (other then subsection (g), 
subsection (a)(2)(B), and provisions relating to research), not 
more than the following amounts:

Fiscal year:
                                                                Amount  
    1987................................................     $35,600,000
    1988................................................      35,600,000
    1989................................................      38,020,000
    1990................................................      38,020,000
    1991................................................      38,020,000

    [(g)] (e) Technical Assistance.--The Administrator [is 
authorized to] may provide technical assistance to small public 
water systems to enable such systems to achieve and maintain 
compliance with applicable national primary drinking water 
regulations. Such assistance may include circuit-rider and 
multi-State regional technical assistance programs, training, 
and preliminary engineering [studies] evaluations. [There are 
authorized to be appropriated to carry out this subsection 
$10,000,000 for each of the fiscal years 1987 through 1991.] 
The Administrator shall ensure that technical assistance 
pursuant to this subsection is available in each State. 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 
assistance to undertake activities to carry out this 
subsection. There are authorized to be appropriated to the 
Administrator to be used for such technical assistance 
$15,000,000 for each of the fiscal years 1997 through 2003.
            [Not less than the greater of--
                    [(1) 3 percent of the amounts appropriated 
                under this subsection, or
                    [(2) $280,000
                [shall be utilized for technical assistance to 
                public water systems owned or operated by 
                Indian tribes.]
No portion of any State loan fund established under section 
1452 (relating to State loan funds) and no portion of any funds 
made available under this subsection may be used for lobbying 
expenses. Of the total amount appropriated under this 
subsection, 3 percent shall be used for technical assistance to 
public water systems owned or operated by Indian Tribes.

[42 U.S.C. 300j-1]

                       grants for state programs

    Sec. 1443. (a)(1) From allotments made pursuant to 
paragraph (4), the Administrator may make grants to States to 
carry out public water system supervision programs.
    (2) No grant may be made under paragraph (1) unless an 
application therefor has been submitted to the Administrator in 
such form and manner as he may require. The Administrator may 
not approve an application of a State for its first grant under 
paragraph (1) unless he determines that the State--
            (A) has established or will establish within one 
        year from the date of such grant a public water system 
        supervision program, and
            (B) will, within that one year, assume primary 
        enforcement responsibility for public water systems 
        within the State.
No grant may be made to a State under paragraph (1) for any 
period beginning more than one year after the date of the 
State's first grant unless the State has assumed and maintains 
primary enforcement responsibility for public water systems 
within the State. The prohibitions contained in the preceding 
two sentences shall not apply to such grants when made to 
Indian Tribes.
    (3) A grant under paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as 
determined under regulations of the Administrator) in carrying 
out, during the one-year period beginning on the date the grant 
is made, a public water system supervision program.
    (4) In each fiscal year the Administrator shall, in 
accordance with regulations, allot the sums appropriated for 
such year under paragraph (5) among the States on the basis of 
population, geographical area, number of public water systems, 
and other relevant factors. No State shall receive less than 1 
per centum of the annual appropriation for grants under 
paragraph (1): Provided, That the Administrator may, by 
regulation, reduce such percentage in accordance with the 
criteria specified in this paragraph: And provided further, 
That such percentage shall not apply to grants allotted to 
Guam, American Samoa, or the Virgin Islands.
    (5) The prohibition contained in the last sentence of 
paragraph (2) may be waived by the Administrator with respect 
to a grant to a State through fiscal year 1979 but such 
prohibition may only be waived if, in the judgment of the 
Administrator--
            (A) the State is making a diligent effort to assume 
        and maintain primary enforcement responsibility for 
        public water systems within the State;
            (B) the State has made significant progress toward 
        assuming and maintaining such primary enforcement 
        responsibility; and
            (C) there is reason to believe the State will 
        assume such primary enforcement responsibility by 
        October 1, 1979.
The amount of any grant awarded for the fiscal years 1978 and 
1979 pursuant to a waiver under this paragraph may not exceed 
75 per centum of the allotment which the State would have 
received for such fiscal year if it had assumed and maintained 
such primary enforcement responsibility. The remaining 25 per 
centum of the amount allotted to such State for such fiscal 
year shall be retained by the Administrator, and the 
Administrator may award such amount to such State at such time 
as the State assumes such responsibility before the beginning 
of fiscal year 1980. At the beginning of each fiscal years 1979 
and 1980 the amounts retained by the Administrator for any 
preceding fiscal year and not awarded by the beginning of 
fiscal year 1979 or 1980 to the States to which such amounts 
were originally allotted may be removed from the original 
allotment and reallotted for fiscal year 1979 or 1980 (as the 
case may be) to States which have assumed primary enforcement 
responsibility by the beginning of such fiscal year.
    (6) The Administrator shall notify the State of the 
approval or disapproval of any application for a grant under 
this section--
            (A) within ninety days after receipt of such 
        application, or
            (B) not later than the first day of the fiscal year 
        for which the grant application is made, whichever is 
        later.
            (7) Authorization.--For the purpose of making 
        grants under paragraph (1), there are authorized to be 
        appropriated $100,000,000 for each of fiscal years 1997 
        through 2003.
            (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, the 
                Administrator may reserve from the funds made 
                available to the State under section 1452 
                (relating to State loan funds) an amount that 
                is equal to the amount of the shortfall. This 
                paragraph shall not apply to any State not 
                exercising primary enforcement responsibility 
                for public water systems as of the date of 
                enactment of the Safe Drinking Water Act 
                Amendments of 1996.
                    (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 
                each of the activities that would be required 
                of the State if the State had primary 
                enforcement authority under section 1413.
    (b)(1) From allotments made pursuant to paragraph (4), the 
Administrator may make grants to States to carry out 
underground water source protection programs.
    (2) No grant may be made under paragraph (1) unless an 
application therefor has been submitted to the Administrator in 
such form and manner as he may require. No grant may be made to 
any State under paragraph (1) unless the State has assumed 
primary enforcement responsibility within two years after the 
date the Administrator promulgates regulations for State 
underground injection control programs under section 1421. The 
prohibition contained in the preceding sentence shall not apply 
to such grants when made to Indian Tribes.
    (3) A grant under paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as 
determined under regulations of the Administrator) in carrying 
out, during the one-year period beginning on the date the grant 
is made, an underground water source protection program.
    (4) In each fiscal year the Administrator shall, in 
accordance with regulations, allot the sums appropriated for 
such year under paragraph (5) among the States on the basis of 
population, geographical area, and other relevant factors.
    (5) For purposes of making grants under paragraph (1) there 
are authorized to be appropriated $5,000,000 for the fiscal 
year ending June 30, 1976, $7,500,000 for the fiscal year 
ending June 30, 1977, $10,000,000 for each of the fiscal years 
1978 and 1979, $7,795,000 for the fiscal year ending September 
30, 1980, $18,000,000 for the fiscal year ending September 30, 
1981, and $21,000,000 for the fiscal year ending September 30, 
1982. For the purpose of making grants under paragraph (1) 
there are authorized to be appropriated not more than the 
following amounts:

Fiscal year:
                                                                Amount  
    1987................................................    $19,700,000 
    1988................................................     19,700,000 
    1989................................................     20,850,000 
    1990................................................     20,850,000 
    1991................................................     20,850,000 
    1992-2003...........................................     15,000,000.

    (c) For purposes of this section:
            (1) The term ``public water system supervision 
        program'' means a program for the adoption and 
        enforcement of drinking water regulations (with such 
        variances and exemptions from such regulations under 
        conditions and in a manner which is not less stringent 
        than the conditions under, and the manner in, which 
        variances and exemptions may be granted under sections 
        1415 and 1416) which are no less stringent than the 
        national primary drinking water regulations under 
        section 1412, and for keeping records and making 
        reports required by section 1413(a)(3).
            (2) The term ``underground water source protection 
        program'' means a program for the adoption and 
        enforcement of a program which meets the requirements 
        of regulations under section 1421 and for keeping 
        records and making reports required by section 
        1422(b)(1)(A)(ii). Such term includes, where 
        applicable, a program which meets the requirements of 
        section 1425.
    (d) New York City Watershed Protection Program.--
            (1) In general.--The Administrator is authorized to 
        provide financial assistance to the State of New York 
        for demonstration projects implemented as part of the 
        watershed program for the protection and enhancement of 
        the quality of source waters of the New York City water 
        supply system, including projects that demonstrate, 
        assess, or provide for comprehensive monitoring and 
        surveillance and projects necessary to comply with the 
        criteria for avoiding filtration contained in 40 CFR 
        141.71. Demonstration projects which shall be eligible 
        for financial assistance shall be certified to the 
        Administrator by the State of New York as satisfying 
        the purposes of this subsection. In certifying projects 
        to the Administrator, the State of New York shall give 
        priority to monitoring projects that have undergone 
        peer review.
            (2) Report.--Not later than 5 years after the date 
        on which the Administrator first provides assistance 
        pursuant to this paragraph, the Governor of the State 
        of New York shall submit a report to the Administrator 
        on the results of projects assisted.
            (3) Matching requirements.--Federal assistance 
        provided under this subsection shall not exceed 50 
        percent of the total cost of the protection program 
        being carried out for any particular watershed or 
        ground water recharge area.
            (4) Authorization.--There are authorized to be 
        appropriated to the Administrator to carry out this 
        subsection for each of fiscal years 1997 through 2003, 
        $15,000,000 for the purpose of providing assistance to 
        the State of New York to carry out paragraph (1).

[42 U.S.C. 300j-2]

    special study and demonstration project grants; guaranteed loans

    Sec. 1444. (a) The Administrator may make grants to any 
person for the purposes of--
            (1) assisting in the development and demonstration 
        (including construction) of any project which will 
        demonstrate a new or improved method, approach, or 
        technology, for providing a dependably safe supply of 
        drinking water to the public; and
            (2) assisting in the development and demonstration 
        (including construction) of any project which will 
        investigate and demonstrate health implications 
        involved in the reclamation, recycling, and reuse of 
        waste waters for drinking and the processes and methods 
        for the preparation of safe and acceptable drinking 
        water.
    (b) Grants made by the Administrator under this section 
shall be subject to the following limitations:
            (1) Grants under this section shall not exceed 
        66\2/3\ per centum of the total cost of construction of 
        any facility and 75 per centum of any other costs, as 
        determined by the Administrator.
            (2) Grants under this section shall not be made for 
        any project involving the construction or modification 
        of any facilities for any public water system in a 
        State unless such project has been approved by the 
        State agency charged with the responsibility for safety 
        of drinking water (or if there is no such agency in a 
        State, by the State health authority).
            (3) Grants under this section shall not be made for 
        any project unless the Administrator determines, after 
        consulting the National Drinking Water Advisory 
        Council, that such project will serve a useful purpose 
        relating to the development and demonstration of new or 
        improved techniques, methods, or technologies for the 
        provision of safe water to the public for drinking.
            (4) Priority for grants under this section shall be 
        given where there are known or potential public health 
        hazards which require advanced technology for the 
        removal of particles which are too small to be removed 
        by ordinary treatment technology.
    (c) For the purposes of making grants under subsections (a) 
and (b) of this section there are authorized to be appropriated 
$7,500,000 for the fiscal year ending June 30, 1975; and 
$7,500,000 for the fiscal year ending June 30, 1976; and 
$10,000,000 for the fiscal year ending June 30, 1977.
    (d) The Administrator during the fiscal years ending June 
30, 1975, and June 30, 1976, shall carry out a program of 
guaranteeing loans made by private lenders to small public 
water systems for the purpose of enabling such systems to meet 
national primary drinking water regulations prescribed under 
section 1412. No such guarantee may be made with respect to a 
system unless (1) such system cannot reasonably obtain 
financial assistance necessary to comply with such regulations 
from any other source, and (2) the Administrator determines 
that any facilities constructed with a loan guaranteed under 
this subsection is not likely to be made obsolete by subsequent 
changes in primary regulations. The aggregate amount of 
indebtedness guaranteed with respect to any system may not 
exceed $50,000. The aggregate amount of indebtedness guaranteed 
under this subsection may not exceed $50,000,000. The 
Administrator shall prescribe regulations to carry out this 
subsection.

[42 U.S.C. 300j-3]

                        records and inspections

    Sec. 1445. (a)(1)(A) [Every person who is a supplier of 
water, who is or may be otherwise subject to a primary drinking 
water regulation prescribed under section 1412 or to an 
applicable underground injection control program (as defined in 
section 1422(C)), who is or may be subject to the permit 
requirement of section 1424 or to an order issued under section 
1441, or who is a grantee] Every person who is subject to any 
requirement of this title or who is a grantee, shall establish 
and maintain such records, make such reports, conduct such 
monitoring, and provide such information as the Administrator 
may reasonably require by regulation to assist the 
Administrator in establishing regulations under this title, in 
determining whether such person has acted or is acting in 
compliance with this title, in administering any program of 
financial assistance under this title, in evaluating the health 
risks of unregulated contaminants, or in advising the public of 
such risks. In requiring a public water system to monitor under 
this subsection, the Administrator may take into consideration 
the system size and the contaminants likely to be found in the 
system's drinking water.
    (B) Every person who is subject to a national primary 
drinking water regulation under section 1412 shall provide such 
information as the Administrator may reasonably require, after 
consultation with the State in which such person is located if 
such State has primary enforcement responsibility for public 
water systems, on a case-by-case basis, to determine whether 
such person has acted or is acting in compliance with this 
title.
    (C) Every person who is subject to a national primary 
drinking water regulation under section 1412 shall provide such 
information as the Administrator may reasonably require to 
assist the Administrator in establishing regulations under 
section 1412 of this title, after consultation with States and 
suppliers of water. The Administrator may not require under 
this subparagraph the installation of treatment equipment or 
process changes, the testing of treatment technology, or the 
analysis or processing of monitoring samples, except where the 
Administrator provides the funding for such activities. Before 
exercising this authority, the Administrator shall first seek 
to obtain the information by voluntary submission.
    (D) The Administrator shall not later than 2 years after 
the date of enactment of this 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) Not later than 18 months after enactment of the Safe 
Drinking Water Act Amendments of 1986, the Administrator shall 
promulgate regulations requiring every public water system to 
conduct a monitoring program for unregulated contaminants. The 
regulations shall require monitoring of drinking water supplied 
by the system and shall vary the frequency and schedule of 
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. Each system shall be required 
to monitor at least once every 5 years after the effective date 
of the Administrator's regulations unless the Administrator 
requires more frequent monitoring.
    [(3) Regulations under paragraph (2) shall list unregulated 
contaminants for which systems may be required to monitor, and 
shall include criteria by which the primary enforcement 
authority in each State could show cause for addition or 
deletion of contaminants from the designated list. The primary 
State enforcement authority may delete contaminants for an 
individual system, in accordance with these criteria, after 
obtaining approval of assessment of the contaminants 
potentially to be found in the system. The Administrator shall 
approve or disapprove such an assessment submitted by a State 
within 60 days. A State may add contaminants, in accordance 
with these criteria, without making an assessment, but in no 
event shall such additions increase Federal expenditures 
authorized by this section.
            [(4) Public water systems conducting monitoring of 
        unregulated contaminants pursuant to this section shall 
        provide the results of such monitoring to the primary 
        enforcement authority.
            [(5) Notification of the availability of the 
        results of the monitoring programs required under 
        paragraph (2), and notification of the availability of 
        the results of the monitoring program referred to in 
        paragraph (6), shall be given to the persons served by 
        the system and the Administrator.
            [(6) The Administrator may waive the monitoring 
        requirement under paragraph (2) for a system which has 
        conducted a monitoring program after January 1, 1983, 
        if the Administrator determines the program to have 
        been consistent with the regulations promulgated under 
        this section.
            [(7) Any system supplying less than 150 service 
        connections shall be treated as complying with this 
        subsection if such system provides water samples or the 
        opportunity for sampling according to rules established 
        by the Administrator.
            [(8) There are authorized to be appropriated 
        $30,000,000 in the fiscal year ending September 30, 
        1987 to remain available until expended to carry out 
        the provisions of this subsection.]
            (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, ensuring that only a representative 
                sample of systems serving 10,000 persons or 
                fewer are required to monitor.
                    (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 Act Amendments 
                        of 1996 and every 5 years thereafter, 
                        the Administrator shall issue a list 
                        pursuant to subparagraph (A) of not 
                        more than 30 unregulated contaminants 
                        to be monitored by public water systems 
                        and to be included in the national 
                        drinking water occurrence data base 
                        maintained pursuant to subsection (g).
                            (ii) Governors' petition.--The 
                        Administrator shall include among the 
                        list of contaminants for which 
                        monitoring is required under this 
                        paragraph each contaminant recommended 
                        in a petition signed by the Governor of 
                        each of 7 or more States, unless the 
                        Administrator determines that the 
                        action would prevent the listing of 
                        other contaminants of a higher public 
                        health concern.
                    (C) Monitoring plan for small and medium 
                systems.--
                            (i) In general.--Based on the 
                        regulations promulgated by the 
                        Administrator, each State may 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 in that State. 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 1452(o) or appropriated under 
                        subparagraph (H), the Administrator 
                        shall pay the reasonable cost of such 
                        testing and laboratory analysis as are 
                        necessary to carry out monitoring under 
                        the plan.
                    (D) Monitoring results.--Each public water 
                system that conducts monitoring of unregulated 
                contaminants pursuant to this paragraph shall 
                provide the results of the monitoring to the 
                primary enforcement authority for the system.
                    (E) Notification.--Notification of the 
                availability of the results of monitoring 
                programs required under paragraph (2)(A) shall 
                be given to the persons served by the system.
                    (F) Waiver of monitoring requirement.--The 
                Administrator shall waive the requirement for 
                monitoring for a contaminant under this 
                paragraph in a State, if the State demonstrates 
                that the criteria for listing the contaminant 
                do not apply in that State.
                    (G) Analytical methods.--The State may use 
                screening methods approved by the Administrator 
                under subsection (i) in lieu of monitoring for 
                particular contaminants under this paragraph.
                    (H) Authorization of appropriations.--There 
                are authorized to be appropriated to carry out 
                this paragraph $10,000,000 for each of the 
                fiscal years 1997 through 2003.
    (b)(1) Except as provided in paragraph (2), the 
Administrator, or representatives of the Administrator duly 
designated by him, upon presenting appropriate credentials and 
a written notice to any supplier of water or other person 
subject to (A) a national primary drinking water regulation 
prescribed under section 1412, (B) an applicable underground 
injection control program, or (C) any requirement to monitor an 
unregulated contaminant pursuant to subsection (a), or person 
in charge of any of the property of such supplier or other 
person referred to in clause (A), (B), or (C), is authorized to 
enter any establishment, facility, or other property of such 
supplier or other person in order to determine whether such 
supplier or other person has acted or is acting in compliance 
with this title, including for this purpose, inspection, at 
reasonable times, of records, files, papers, processes, 
controls, and facilities, or in order to test any feature of a 
public water system, including its raw water source. The 
Administrator or the Comptroller General (or any representative 
designated by either) shall have access for the purpose of 
audit and examination to any records, reports, or information 
of a grantee which are required to be maintained under 
subsection (a) or which are pertinent to any financial 
assistance under this title.
    (2) No entry may be made under the first sentence of 
paragraph (1) in an establishment, facility, or other property 
of a supplier of water or other person subject to a national 
primary drinking water regulation if the establishment, 
facility, or other property is located in a State which has 
primary enforcement responsibility for public water systems 
unless, before written notice of such entry is made, the 
Administrator (or his representative) notifies the State agency 
charged with responsibility for safe drinking water of the 
reasons for such entry. The Administrator shall, upon a showing 
by the State agency that such an entry will be detrimental to 
the administration of the State's program of primary 
enforcement responsibility, take such showing into 
consideration in determining whether to make such entry. No 
State agency which receives notice under this paragraph of an 
entry proposed to be made under paragraph (1) may use the 
information contained in the notice to inform the person whose 
property is proposed to be entered of the proposed entry; and 
if a State agency so uses such information, notice to the 
agency under this paragraph is not required until such time as 
the Administrator determines the agency has provided him 
satisfactory assurances that it will no longer so use 
information contained in a notice under this paragraph.
    (c) Whoever fails or refuses to comply with any requirement 
of subsection (a) or to allow the Administrator, the 
Comptroller General, or representatives of either, to enter and 
conduct any audit or inspection authorized by subsection (b) 
shall be subject to a civil penalty of not to exceed $25,000.
    (d)(1) Subject to paragraph (2), upon a showing 
satisfactory to the Administrator by any person that any 
information required under this section from such person, if 
made public, would divulge trade secrets or secret processes of 
such person, the Administrator shall consider such information 
confidential in accordance with the purposes of section 1905 of 
title 18 of the United States Code. If the applicant fails to 
make a showing satisfactory to the Administrator, the 
Administrator shall give such applicant thirty days' notice 
before releasing the information to which the application 
relates (unless the public health or safety requires an earlier 
release of such information).
    (2) Any information required under this section (A) may be 
disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying 
out this title or to committees of the Congress, or when 
relevant in any proceeding under this title, and (B) shall be 
disclosed to the extent it deals with the level of contaminants 
in drinking water. For purposes of this subsection the term 
``information required under this section'' means any papers, 
books, documents, or information, or any particular part 
thereof, reported to or otherwise obtained by the Administrator 
under this section.
    (e) For purposes of this section, (1) the term ``grantee'' 
means any person who applies for or receives financial 
assistance, by grant, contract, or loan guarantee under this 
title, and (2) the term ``person'' includes a Federal agency.
    (f) Information Regarding Drinking Water Coolers.--The 
Administrator may utilize the authorities of this section for 
purposes of part F. Any person who manufactures, imports, 
sells, or distributes drinking water coolers in interstate 
commerce shall be treated as a supplier of water for purposes 
of applying the provisions of this section in the case of 
persons subject to part F.
    (g) Occurrence Data Base.--
            (1) In general.--Not later than 3 years after the 
        date of enactment of the Safe Drinking Water Act 
        Amendments of 1996, the Administrator shall assemble 
        and maintain a national drinking water contaminant 
        occurrence data base, using information on the 
        occurrence of both regulated and unregulated 
        contaminants in public water systems obtained under 
        subsection (a)(1)(A) or subsection (a)(2) and reliable 
        information from other public and private sources.
            (2) Public input.--In establishing the occurrence 
        data base, the Administrator shall solicit 
        recommendations from the Science Advisory Board, the 
        States, and other interested parties concerning the 
        development and maintenance of a national drinking 
        water contaminant occurrence data base, including such 
        issues as the structure and design of the data base, 
        data input parameters and requirements, and the use and 
        interpretation of data.
            (3) Use.--The data shall be used by the 
        Administrator in making determinations under section 
        1412(b)(1) with respect to the occurrence of a 
        contaminant in drinking water at a level of public 
        health concern.
            (4) Public recommendations.--The Administrator 
        shall periodically solicit recommendations from the 
        appropriate officials of the National Academy of 
        Sciences and the States, and any person may submit 
        recommendations to the Administrator, with respect to 
        contaminants that should be included in the national 
        drinking water contaminant occurrence data base, 
        including recommendations with respect to additional 
        unregulated contaminants that should be listed under 
        subsection (a)(2). Any recommendation submitted under 
        this clause shall be accompanied by reasonable 
        documentation that--
                    (A) the contaminant occurs or is likely to 
                occur in drinking water; and
                    (B) the contaminant poses a risk to public 
                health.
            (5) Public availability.--The information from the 
        data base shall be available to the public in readily 
        accessible form.
            (6) Regulated contaminants.--With respect to each 
        contaminant for which a national primary drinking water 
        regulation has been established, the data base shall 
        include information on the detection of the contaminant 
        at a quantifiable level in public water systems 
        (including detection of the contaminant at levels not 
        constituting a violation of the maximum contaminant 
        level for the contaminant).
            (7) Unregulated contaminants.--With respect to 
        contaminants for which a national primary drinking 
        water regulation has not been established, the data 
        base shall include--
                    (A) monitoring information collected by 
                public water systems that serve a population of 
                more than 10,000, as required by the 
                Administrator under subsection (a);
                    (B) monitoring information collected from a 
                representative sampling of public water systems 
                that serve a population of 10,000 or fewer; and
                    (C) other reliable and appropriate 
                monitoring information on the occurrence of the 
                contaminants in public water systems that is 
                available to the Administrator.
    (h) Availability of Information on Small System 
Technologies.--For purposes of sections 1412(b)(4)(E) and 
1415(e) (relating to small system variance program), the 
Administrator may request information on the characteristics of 
commercially available treatment systems and technologies, 
including the effectiveness and performance of the systems and 
technologies under various operating conditions. The 
Administrator may specify the form, content, and submission 
date of information to be submitted by manufacturers, States, 
and other interested persons for the purpose of considering the 
systems and technologies in the development of regulations or 
guidance under sections 1412(b)(4)(E) and 1415(e).
    (i) Screening Methods.--The Administrator shall review new 
analytical methods to screen for regulated contaminants and may 
approve such methods as are more accurate or cost-effective 
than established reference methods for use in compliance 
monitoring.

[42 U.S.C. 300j-4]

                national drinking water advisory council

    Sec. 1446. (a) There is established a National Drinking 
Water Advisory Council which shall consist of fifteen members 
appointed by the Administrator after consultation with the 
Secretary. Five members shall be appointed from the general 
public; five members shall be appointed from appropriate State 
and local agencies concerned with water hygiene and public 
water supply; and five members shall be appointed from 
representatives of private organizations or groups 
demonstrating an active interest in the field of water hygiene 
and public water supply, of which two such members shall be 
associated with small, rural public water systems. Each member 
of the Council shall hold office for a term of three years, 
except that--
            (1) any member appointed to fill a vacancy 
        occurring prior to the expiration of the term for which 
        his predecessor was appointed shall be appointed for 
        the remainder of such term; and
            (2) the terms of the members first taking office 
        shall expire as follows: Five shall expire three years 
        after the date of enactment of this title, five shall 
        expire two years after such date, and five shall expire 
        one year after such date, as designated by the 
        Administrator at the time of appointment.
The members of the Council shall be eligible for reappointment.
    (b) The Council shall advise, consult with, and make 
recommendations to, the Administrator on matters relating to 
activities, functions, and policies of the Agency under this 
title.
    (c) Members of the Council appointed under this section 
shall, while attending meetings or conferences of the Council 
or otherwise engaged in business of the Council, receive 
compensation and allowances at a rate to be fixed by the 
Administrator, but not exceeding the daily equivalent of the 
annual rate of basic pay in effect for grade GS-18 of the 
General Schedule for each day (including traveltime) during 
which they are engaged in the actual performance of duties 
vested in the Council. While away from their homes or regular 
places of business in the performance of services for the 
Council, members of the Council shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in the 
Government service are allowed expenses under section 5703(b) 
of title 5 of the United States Code.
    (d) Section 14(a) of the Federal Advisory Committee Act 
(relating to termination) shall not apply to the Council.

[42 U.S.C. 300j-5]

                            federal agencies

    Sec. 1447. [(a) Each Federal agency (1) having jurisdiction 
over any federally owned or maintained public water system or 
(2) engaged in any activity resulting, or which may result in, 
underground injection which endangers drinking water (within 
the meaning of section 1421(d)(2)) shall be subject to, and 
comply with, all Federal, State, and local requirements, 
administrative authorities, and process and sanctions 
respecting the provision of safe drinking water and respecting 
any underground injection program in the same manner, and to 
the same extent, as any nongovernmental entity. The preceding 
sentence shall apply (A) to any requirement whether substantive 
or procedural (including any recordkeeping or reporting 
requirement, any requirement respecting permits, and any other 
requirement whatsoever), (B) to the exercise of any Federal, 
State, or local administrative authority, and (C) to any 
process or sanction, whether enforced in Federal, State, or 
local courts or in any other manner. This subsection shall 
apply, notwithstanding any immunity of such agencies, under any 
law or rule of law. No officer, agent, or employee of the 
United States shall be personally liable for any civil penalty 
under this title with respect to any act or omission within the 
scope of his official duties.
    [(b) The Administrator shall waive compliance with 
subsection (a) upon request of the Secretary of Defense and 
upon a determination by the President that the requested waiver 
is necessary in the interest of national security. The 
Administrator shall maintain a written record of the basis upon 
which such waiver was granted and make such record available 
for in camera examination when relevant in a judicial 
proceeding under this title. Upon the issuance of such a 
waiver, the Administrator shall publish in the Federal Register 
a notice that the waiver was granted for national security 
purposes, unless, upon the request of the Secretary of Defense, 
the Administrator determines to omit such publication because 
the publication itself would be contrary to the interests of 
national security, in which event the Administrator shall 
submit notice to the Armed Services Committee of the Senate and 
House of Representatives.]
    (a) In General.--Each department, agency, and 
instrumentality of the executive, legislative, and judicial 
branches of the Federal Government--
            (1) owning or operating any facility in a wellhead 
        protection area;
            (2) engaged in any activity at such facility 
        resulting, or which may result, in the contamination of 
        water supplies in any such area;
            (3) owning or operating any public water system; or
            (4) engaged in any activity resulting, or which may 
        result in, underground injection which endangers 
        drinking water (within the meaning of section 
        1421(d)(2)),
shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements, both substantive and 
procedural (including any requirement for permits or reporting 
or any provisions for injunctive relief and such sanctions as 
may be imposed by a court to enforce such relief), respecting 
the protection of such wellhead areas, respecting such public 
water systems, and respecting any underground injection in the 
same manner and to the same extent as any person is subject to 
such requirements, including the payment of reasonable service 
charges. The Federal, State, interstate, and local substantive 
and procedural requirements referred to in this subsection 
include, but are not limited to, all administrative orders and 
all civil and administrative penalties and fines, regardless of 
whether such penalties or fines are punitive or coercive in 
nature or are imposed for isolated, intermittent, or continuing 
violations. The United States hereby expressly waives any 
immunity otherwise applicable to the United States with respect 
to any such substantive or procedural requirement (including, 
but not limited to, any injunctive relief, administrative order 
or civil or administrative penalty or fine referred to in the 
preceding sentence, or reasonable service charge). The 
reasonable service charges referred to in this subsection 
include, but are not limited to, fees or charges assessed in 
connection with the processing and issuance of permits, renewal 
of permits, amendments to permits, review of plans, studies, 
and other documents, and inspection and monitoring of 
facilities, as well as any other nondiscriminatory charges that 
are assessed in connection with a Federal, State, interstate, 
or local regulatory program respecting the protection of 
wellhead areas or public water systems or respecting any 
underground injection. Neither the United States, nor any 
agent, employee, or officer thereof, shall be immune or exempt 
from any process or sanction of any State or Federal Court with 
respect to the enforcement of any such injunctive relief. No 
agent, employee, or officer of the United States shall be 
personally liable for any civil penalty under any Federal, 
State, interstate, or local law concerning the protection of 
wellhead areas or public water systems or concerning 
underground injection with respect to any act or omission 
within the scope of the official duties of the agent, employee, 
or officer. An agent, employee, or officer of the United States 
shall be subject to any criminal sanction (including, but not 
limited to, any fine or imprisonment) under any Federal or 
State requirement adopted pursuant to this title, but no 
department, agency, or instrumentality of the executive, 
legislative, or judicial branch of the Federal Government shall 
be subject to any such sanction. The President may exempt any 
facility of any department, agency, or instrumentality in the 
executive branch from compliance with such a requirement if he 
determines it to be in the paramount interest of the United 
States to do so. No such exemption shall be granted due to lack 
of appropriation unless the President shall have specifically 
requested such appropriation as a part of the budgetary process 
and the Congress shall have failed to make available such 
requested appropriation. Any exemption shall be for a period 
not in excess of 1 year, but additional exemptions may be 
granted for periods not to exceed 1 year upon the President's 
making a new determination. The President shall report each 
January to the Congress all exemptions from the requirements of 
this section granted during the preceding calendar year, 
together with his reason for granting each such exemption.
    (b) Administrative Penalty Orders.--
            (1) In general.--If the Administrator finds that a 
        Federal agency has violated an applicable requirement 
        under this title, the Administrator may issue a penalty 
        order assessing a penalty against the Federal agency.
            (2) Penalties.--The Administrator may, after notice 
        to the agency, assess a civil penalty against the 
        agency in an amount not to exceed $25,000 per day per 
        violation.
            (3) Procedure.--Before an administrative penalty 
        order issued under this subsection becomes final, the 
        Administrator shall provide the agency an opportunity 
        to confer with the Administrator and shall provide the 
        agency notice and an opportunity for a hearing on the 
        record in accordance with chapters 5 and 7 of title 5, 
        United States Code.
            (4) Public review.--
                    (A) In general.--Any interested person may 
                obtain review of an administrative penalty 
                order issued under this subsection. The review 
                may be obtained in the United States District 
                Court for the District of Columbia or in the 
                United States District Court for the district 
                in which the violation is alleged to have 
                occurred by the filing of a complaint with the 
                court within the 30-day period beginning on the 
                date the penalty order becomes final. The 
                person filing the complaint shall 
                simultaneously send a copy of the complaint by 
                certified mail to the Administrator and the 
                Attorney General.
                    (B) Record.--The Administrator shall 
                promptly file in the court a certified copy of 
                the record on which the order was issued.
                    (C) Standard of review.--The court shall 
                not set aside or remand the order unless the 
                court finds that there is not substantial 
                evidence in the record, taken as a whole, to 
                support the finding of a violation or that the 
                assessment of the penalty by the Administrator 
                constitutes an abuse of discretion.
                    (D) Prohibition on additional penalties.--
                The court may not impose an additional civil 
                penalty for a violation that is subject to the 
                order unless the court finds that the 
                assessment constitutes an abuse of discretion 
                by the Administrator.
    (c) Limitation on State Use of Funds Collected From Federal 
Government.--Unless a State law in effect on the date of 
enactment of the Safe Drinking Water Act Amendments of 1996 or 
a State constitution requires the funds to be used in a 
different manner, all funds collected by a State from the 
Federal Government from penalties and fines imposed for 
violation of any substantive or procedural requirement referred 
to in subsection (a) shall be used by the State only for 
projects designed to improve or protect the environment or to 
defray the costs of environmental protection or enforcement.
    [(c)] (d)(1) Nothing in the Safe Drinking Water Amendments 
of 1977 shall be construed to alter or affect the status of 
American Indian lands or water rights nor to waive any 
sovereignty over Indian lands guaranteed by treaty or statute.
    (2) For the purposes of this Act, the term ``Federal 
agency'' shall not be construed to refer to or include any 
American Indian tribe, nor to the Secretary of the Interior in 
his capacity as trustee of Indian lands.
    (e) Washington Aqueduct.--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.

[42 U.S.C. 300j-6]

                            judicial review

    Sec. 1448. (a) A petition for review of--
            (1) actions pertaining to the establishment of 
        national primary drinking water regulations (including 
        maximum contaminant level goals) may be filed only in 
        the United States Court of Appeals for the District of 
        Columbia circuit; and
            (2) any other final action of the Administrator 
        under this Act may be filed in the circuit in which the 
        petitioner resides or transacts business which is 
        directly affected by the action.
Any such petition shall be filed within the 45-day period 
beginning on the date of the promulgation of the regulation [or 
issuance of the order] or any other final Agency action with 
respect to which review is sought or on the date of the 
determination with respect to which review is sought, and may 
be filed after the expiration of such 45-day period if the 
petition is based solely on grounds arising after the 
expiration of such period. Action of the Administrator with 
respect to which review could have been obtained under this 
subsection shall not be subject to judicial review in any civil 
or criminal proceeding for enforcement or in any civil action 
to enjoin enforcement. In any petition concerning the 
assessment of a civil penalty pursuant to section 
1414(g)(3)(B), the petitioner shall simultaneously send a copy 
of the complaint by certified mail to the Administrator and the 
Attorney General. The court shall set aside and remand the 
penalty order if the court finds that there is not substantial 
evidence in the record to support the finding of a violation or 
that the assessment of the penalty by the Administrator 
constitutes an abuse of discretion.
    (b) The United States district courts shall have 
jurisdiction of actions brought to review (1) the granting of, 
or the refusing to grant, a variance or exemption under section 
1415 or 1416 or (2) the requirements of any schedule prescribed 
for a variance or exemption under such section or the failure 
to prescribe such a schedule. Such an action may only be 
brought upon a petition for review filed with the court within 
the 45-day period beginning on the date the action sought to be 
reviewed is taken or, in the case of a petition to review the 
refusal to grant a variance or exemption or the failure to 
prescribe a schedule, within the 45-day period beginning on the 
date action is required to be taken on the variance, exemption, 
or schedule, as the case may be. A petition for such review may 
be filed after the expiration of such period if the petition is 
based solely on grounds arising after the expiration of such 
period. Action with respect to which review could have been 
obtained under this subsection shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement or 
in any civil action to enjoin enforcement.
    (c) In any judicial proceeding in which review is sought of 
a determination under this title required to be made on the 
record after notice and opportunity for hearing, if any party 
applies to the court for leave to adduce additional evidence 
and shows to the satisfaction of the court that such additional 
evidence is material and that there were reasonable grounds for 
the failure to adduce such evidence in the proceeding before 
the Administrator, the court may order such additional evidence 
(and evidence in rebuttal thereof) to be taken before the 
Administrator, in such manner and upon such terms and 
conditions as the court may deem proper. The Administrator may 
modify his findings as to the facts, or make new findings, by 
reason of the additional evidence so taken, and he shall file 
such modified or new findings, and his recommendation, if any, 
for the modification or setting aside of his original 
determination, with the return of such additional evidence.

[42 U.S.C. 300j-7]

                         citizen's civil action

    Sec. 1449. (a) Except as provided in subsection (b) of this 
section, any person may commence a civil action on his own 
behalf--
            (1) against any person (including (A) the United 
        States, and (B) any other governmental instrumentality 
        or agency to the extent permitted by the eleventh 
        amendment to the Constitution) who is alleged to be in 
        violation of any requirement prescribed by or under 
        this title[, or];
            (2) against the Administrator where there is 
        alleged a failure of the Administrator to perform any 
        act or duty under this title which is not discretionary 
        with the Administrator[.]; or
            (3) for the collection of a penalty by the United 
        States Government (and associated costs and interest) 
        against any Federal agency that fails, by the date that 
        is 18 months after the effective date of a final order 
        to pay a penalty assessed by the Administrator under 
        section 1429(b), to pay the penalty.
No action may be brought under paragraph (1) against a public 
water system for a violation of a requirement prescribed by or 
under this title which occurred within the 27-month period 
beginning on the first day of the month in which this title is 
enacted. The United States district courts shall have 
jurisdiction, without regard to the amount in controversy or 
the citizenship of the parties, to enforce in an action brought 
under this subsection any requirement prescribed by or under 
this title or to order the Administrator to perform an act, or 
duty described in paragraph (2), as the case may be.
    (b) No civil action may be commenced--
            (1) under subsection (a)(1) of this section 
        respecting violation of a requirement prescribed by or 
        under this title--
                    (A) prior to sixty days after the plaintiff 
                has given notice of such violation (i) to the 
                Administrator, (ii) to any alleged violator of 
                such requirement and (iii) to the State in 
                which the violation occurs, or
                    (B) if the Administrator, the Attorney 
                General, or the State has commenced and is 
                diligently prosecuting a civil action in a 
                court of the United States to require 
                compliance with such requirement, but in any 
                such action in a court of the United States any 
                person may intervene as a matter of right; or
            (2) under subsection (a)(2) of this section prior 
        to sixty days after the plaintiff has given notice of 
        such action to the Administrator[.]; or
            (3) under subsection (a)(3) prior to 60 days after 
        the plaintiff has given notice of such action to the 
        Attorney General and to the Federal agency.
Notice required by this subsection shall be given in such 
manner as the Administrator shall prescribe by regulation. No 
person may commence a civil action under subsection (a) to 
require a State to prescribe a schedule under section 1415 or 
1416 for a variance or exemption, unless such person shows to 
the satisfaction of the court that the State has in a 
substantial number of cases failed to prescribe such schedules.
    (c) In any action under this section, the Administrator or 
the Attorney General, if not a party, may intervene as a matter 
of right.
    (d) The court, in issuing any final order in any action 
brought under subsection (a) of this section, may award costs 
of litigation (including reasonable attorney and expert witness 
fees) to any party whenever the court determines such an award 
is appropriate. The court may, if a temporary restraining order 
or preliminary injunction is sought, require the filing of a 
bond or equivalent security in accordance with the Federal 
Rules of Civil Procedure.
    (e) Nothing in this section shall restrict any right which 
any person (or class of persons) may have under any statute or 
common law to seek enforcement of any requirement prescribed by 
or under this title or to seek any other relief. Nothing in 
this section or in any other law of the United States shall be 
construed to prohibit, exclude, or restrict any State or local 
government from--
            (1) bringing any action or obtaining any remedy or 
        sanction in any State or local court, or
            (2) bringing any administrative action or obtaining 
        any administrative remedy or sanction,
against any agency of the United States under State or local 
law to enforce any requirement respecting the provision of safe 
drinking water or respecting any underground injection control 
program. Nothing in this section shall be construed to 
authorize judicial review of regulations or orders of the 
Administrator under this title, except as provided in section 
1448. For provisions providing for application of certain 
requirements to such agencies in the same manner as to 
nongovernmental entities, see section 1447.

[42 U.S.C. 300j-8]

                           general provisions

    Sec. 1450. (a)(1) The Administrator is authorized to 
prescribe such regulations as are necessary or appropriate to 
carry out his functions under this title.
    (2) The Administrator may delegate any of his functions 
under this title (other than prescribing regulations) to any 
officer or employee of the Agency.
    (b) The Administrator, with the consent of the head of any 
other agency of the United States, may utilize such officers 
and employees of such agency as he deems necessary to assist 
him in carrying out the purposes of this title.
    (c) Upon the request of a State or interstate agency, the 
Administrator may assign personnel of the Agency to such State 
or interstate agency for the purposes of carrying out the 
provisions of this title.
    (d)(1) The Administrator may make payments of grants under 
this title (after necessary adjustment on account of previously 
made underpayments or overpayments) in advance or by way of 
reimbursement, and in such installments and on such conditions 
as he may determine.
    (2) Financial assistance may be made available in the form 
of grants only to individuals and nonprofit agencies or 
institutions. For purposes of this paragraph, the term 
``nonprofit agency or institution'' means an agency or 
institution no part of the net earnings of which inure, or may 
lawfully inure, to the benefit of any private shareholder or 
individual.
    (e) The Administrator shall take such action as may be 
necessary to assure compliance with provisions of the Act of 
March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a-
276a(5)). The Secretary of Labor shall have, with respect to 
the labor standards specified in this subsection, the authority 
and functions set forth in Reorganization Plan Numbered 14 of 
1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of 
June 13, 1934 (40 U.S.C. 276c).
    (f) The Administrator shall request the Attorney General to 
appear and represent him in any civil action instituted under 
this title to which the Administrator is a party. Unless, 
within a reasonable time, the Attorney General notifies the 
Administrator that he will appear in such action, attorneys 
appointed by the Administrator shall appear and represent him.
    (g) The provisions of this title shall not be construed as 
affecting any authority of the Administrator under part G of 
title III of this Act.
    (h) Not later than April 1 of each year, the Administrator 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report respecting 
the activities of the Agency under this title and containing 
such recommendations for legislation as he considers necessary. 
The report of the Administrator under this subsection which is 
due not later than April 1, 1975, and each subsequent report of 
the Administrator under this subsection shall include a 
statement on the actual and anticipated cost to public water 
systems in each State of compliance with the requirements of 
this title. The Office of Management and Budget may review any 
report required by this subsection before its submission to 
such committees of Congress, but the Office may not revise any 
such report, require any revision in any such report, or delay 
its submission beyond the day prescribed for its submission, 
and may submit to such committees of Congress its comments 
respecting any such report.
    (i)(1) No employer may discharge any employee or otherwise 
discriminate against any employee with respect to his 
compensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to a 
request of the employee) has--
            (A) commenced, caused to be commenced, or is about 
        to commence or cause to be commenced a proceeding under 
        this title or a proceeding for the administration or 
        enforcement of drinking water regulations or 
        underground injection control programs of a State,
            (B) testified or is about to testify in any such 
        proceeding, or
            (C) assisted or participated or is about to assist 
        or participate in any manner in such a proceeding or in 
        any other action to carry out the purposes of this 
        title.
    (2)(A) Any employee who believes that he has been 
discharged or otherwise discriminated against by any person in 
violation of paragraph (1) may, within 30 days after such 
violation occurs, file (or have any person file on his behalf) 
a complaint with the Secretary of Labor (hereinafter in this 
subsection referred to as the ``Secretary'') alleging such 
discharge or discrimination. Upon receipt of such a complaint, 
the Secretary shall notify the person named in the complaint of 
the filing of the complaint.
    (B)(i) Upon receipt of a complaint filed under subparagraph 
(A), the Secretary shall conduct an investigation of the 
violation alleged in the complaint. Within 30 days of the 
receipt of such complaint, the Secretary shall complete such 
investigation and shall notify in writing the complainant (and 
any person acting in his behalf) and the person alleged to have 
committed such violation of the results of the investigation 
conducted pursuant to this subparagraph. Within 90 days of the 
receipt of such complaint the Secretary shall, unless the 
proceeding on the complaint is terminated by the Secretary on 
the basis of a settlement entered into by the Secretary and the 
person alleged to have committed such violation, issue an order 
either providing the relief prescribed by clause (ii) or 
denying the complaint. An order of the Secretary shall be made 
on the record after notice and opportunity for agency hearing. 
The Secretary may not enter into a settlement terminating a 
proceeding on a complaint without the participation and consent 
of the complainant.
    (ii) If in response to a complaint filed under subparagraph 
(A) the Secretary determines that a violation of paragraph (1) 
has occurred, the Secretary shall order (I) the person who 
committed such violation to take affirmative action to abate 
the violation, (II) such person to reinstate the complainant to 
his former position together with the compensation (including 
back pay), terms, conditions, and privileges of his employment, 
(III) compensatory damages, and (IV) where appropriate, 
exemplary damages. If such an order is issued, the Secretary, 
at the request of the complainant, shall assess against the 
person against whom the order is issued a sum equal to the 
aggregate amount of all costs and expenses (including 
attorneys' fees) reasonably incurred, as determined by the 
Secretary, by the complainant for, or in connection with, the 
bringing of the complaint upon which the order was issued.
    (3)(A) Any person adversely affected or aggrieved by an 
order issued under paragraph (2) may obtain review of the order 
in the United States Court of Appeals for the circuit in which 
the violation, with respect to which the order was issued, 
allegedly occurred. The petition for review must be filed 
within sixty days from the issuance of the Secretary's order. 
Review shall conform to chapter 7 of title 5 of the United 
States Code. The commencement of proceedings under this 
subparagraph shall not, unless ordered by the court, operate as 
a stay of the Secretary's order.
    (B) An order of the Secretary with respect to which review 
could have been obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or other civil 
proceeding.
    (4) Whenever a person has failed to comply with an order 
issued under paragraph (2)(B), the Secretary shall file a civil 
action in the United States District Court for the district in 
which the violation was found to occur to enforce such order. 
In actions brought under this paragraph, the district courts 
shall have jurisdiction to grant all appropriate relief 
including, but not limited to, injunctive relief, compensatory, 
and exemplary damages.
    (5) Any nondiscretionary duty imposed by this section is 
enforceable in mandamus proceeding brought under section 1361 
of title 28 of the United States Code.
    (6) Paragraph (1) shall not apply with respect to any 
employee who, acting without direction from his employer (or 
the employer's agent), deliberately causes a violation of any 
requirement of this title.

[42 U.S.C. 300j-9]

                       [Sec. 1451. indian tribes]

                             indian tribes

    Sec. 1451. (a) In General.--Subject to the provisions of 
subsection (b), the Administrator--
            (1) is authorized to treat Indian Tribes as States 
        under this title,
            (2) may delegate to such Tribes primary enforcement 
        responsibility for public water systems and for 
        underground injection control, and
            (3) may provide such Tribes grant and contract 
        assistance to carry out functions provided by this 
        title.
    (b) EPA Regulations.--
            (1) Specific provisions.--The Administrator shall, 
        within 18 months after the enactment of the Safe 
        Drinking Water Act Amendments of 1986, promulgate final 
        regulations specifying those provisions of this title 
        for which it is appropriate to treat Indian Tribes as 
        States. Such treatment shall be authorized only if:
                    (A) the Indian Tribes is recognized by the 
                Secretary of the Interior and has a governing 
                body carrying out substantial governmental 
                duties and powers;
                    (B) the functions to be exercised by the 
                Indian Tribe are within the area of the Tribal 
                Government's jurisdiction; and
                    (C) the Indian Tribe is reasonably expected 
                to be capable, in the Administrator's judgment, 
                of carrying out the functions to be exercised 
                in a manner consistent with the terms and 
                purposes of this title and of all applicable 
                regulations.
            (2) Provisions where treatment as state 
        inappropriate.--For any provision of this title where 
        treatment of Indian Tribes as identical to States is 
        inappropriate, administratively infeasible or otherwise 
        inconsistent with the purposes of this title, the 
        Administrator may include in the regulations 
        promulgated under this section, other means for 
        administering such provision in a manner that will 
        achieve the purpose of the provision. Nothing in this 
        section shall be construed to allow Indian Tribes to 
        assume or maintain primary enforcement responsibility 
        for public water systems or for underground injection 
        control in a manner less protective of the health of 
        persons than such responsibility may be assumed or 
        maintained by a State. An Indian tribe shall not be 
        required to exercise criminal enforcement jurisdiction 
        for purposes of complying with the preceding sentence.

[42 U.S.C. 300j-11]

                       STATE REVOLVING LOAN FUNDS

    Sec. 1452. (a) General Authority.--
            (1) Grants to states to establish state loan 
        funds.--
                    (A) In general.--The Administrator shall 
                offer to enter into agreements with eligible 
                States to make capitalization grants, including 
                letters of credit, to the States under this 
                subsection to further the health protection 
                objectives of this title, promote the efficient 
                use of fund resources, and for other purposes 
                as are specified in this title.
                    (B) Establishment of fund.--To be eligible 
                to receive a capitalization grant under this 
                section, a State shall establish a drinking 
                water treatment revolving loan fund (referred 
                to in this section as a ``State loan fund'') 
                and comply with the other requirements of this 
                section. Each grant to a State under this 
                section shall be deposited in the State loan 
                fund established by the State, except as 
                otherwise provided in this section and in other 
                provisions of this title. No funds authorized 
                by other provisions of this title to be used 
                for other purposes specified in this title 
                shall be deposited in any State loan fund.
                    (C) Extended period.--The grant to a State 
                shall be available to the State for obligation 
                during the fiscal year for which the funds are 
                authorized and during the following fiscal 
                year, except that grants made available from 
                funds provided prior to fiscal year 1997 shall 
                be available for obligation during each of the 
                fiscal years 1997 and 1998.
                    (D) Allotment formula.--Except as otherwise 
                provided in this section, funds made available 
                to carry out this section shall be allotted to 
                States that have entered into an agreement 
                pursuant to this section (other than the 
                District of Columbia) in accordance with--
                            (i) for each of fiscal years 1995 
                        through 1997, a formula that is the 
                        same as the formula used to distribute 
                        public water system supervision grant 
                        funds under section 1443 in fiscal year 
                        1995, except that the minimum 
                        proportionate share established in the 
                        formula shall be 1 percent of available 
                        funds and the formula shall be adjusted 
                        to include a minimum proportionate 
                        share for the State of Wyoming and the 
                        District of Columbia; and
                            (ii) for fiscal year 1998 and each 
                        subsequent fiscal year, a formula that 
                        allocates to each State the 
                        proportional share of the State needs 
                        identified in the most recent survey 
                        conducted pursuant to subsection (h), 
                        except that the minimum proportionate 
                        share provided to each State shall be 
                        the same as the minimum proportionate 
                        share provided under clause (i).
                    (E) Reallotment.--The grants not obligated 
                by the last day of the period for which the 
                grants are available shall be reallotted 
                according to the appropriate criteria set forth 
                in subparagraph (D), 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 (i) and 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.
                    (F) Nonprimacy states.--The State allotment 
                for a State not exercising primary enforcement 
                responsibility for public water systems shall 
                not be deposited in any such fund but shall be 
                allotted by the Administrator under this 
                subparagraph. Pursuant to section 1443(a)(9)(A) 
                such sums allotted under this subparagraph 
                shall be reserved as needed by the 
                Administrator to exercise primary enforcement 
                responsibility under this title in such State 
                and the remainder shall be reallotted to States 
                exercising primary enforcement responsibility 
                for public water systems for deposit in such 
                funds. Whenever the Administrator makes a final 
                determination pursuant to section 1413(b) that 
                the requirements of section 1413(a) are no 
                longer being met by a State, additional grants 
                for such State under this title shall be 
                immediately terminated by the Administrator. 
                This subparagraph shall not apply to any State 
                not exercising primary enforcement 
                responsibility for public water systems as of 
                the date of enactment of the Safe Drinking 
                Water Act Amendments of 1996.
                    (G) Other programs.--
                            (i) New system capacity.--Beginning 
                        in fiscal year 1999, the Administrator 
                        shall withhold 20 percent of each 
                        capitalization grant made pursuant to 
                        this section to a State unless the 
                        State has met the requirements of 
                        section 1420(a) (relating to capacity 
                        development) and shall withhold 10 
                        percent for fiscal year 2001, 15 
                        percent for fiscal year 2002, and 20 
                        percent for fiscal year 2003 if the 
                        State has not complied with the 
                        provisions of section 1420(c) (relating 
                        to capacity development strategies). 
                        Not more than a total of 20 percent of 
                        the capitalization grants made to a 
                        State in any fiscal year may be 
                        withheld under the preceding provisions 
                        of this clause. All funds withheld by 
                        the Administrator pursuant to this 
                        clause shall be reallotted by the 
                        Administrator on the basis of the same 
                        ratio as is applicable to funds 
                        allotted under subparagraph (D). None 
                        of the funds reallotted by the 
                        Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1420 (relating 
                        to capacity development).
                            (ii) Operator certification.--The 
                        Administrator shall withhold 20 percent 
                        of each capitalization grant made 
                        pursuant to this section unless the 
                        State has met the requirements of 1419 
                        (relating to operator certification). 
                        All funds withheld by the Administrator 
                        pursuant to this clause shall be 
                        reallotted by the Administrator on the 
                        basis of the same ratio as applicable 
                        to funds allotted under subparagraph 
                        (D). None of the funds reallotted by 
                        the Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1419 (relating 
                        to operator certification).
            (2) Use of funds.--Except as otherwise authorized 
        by this title, amounts deposited in a State loan fund, 
        including loan repayments and interest earned on such 
        amounts, shall be used only for providing loans or loan 
        guarantees, or as a source of reserve and security for 
        leveraged loans, the proceeds of which are deposited in 
        a State loan fund established under paragraph (1), or 
        other financial assistance authorized under this 
        section to community water systems and nonprofit 
        noncommunity water systems, other than systems owned by 
        Federal agencies. Financial assistance under this 
        section may be used by a public water system only for 
        expenditures (not including monitoring, operation, and 
        maintenance expenditures) of a type or category which 
        the Administrator has determined, through guidance, 
        will facilitate compliance with national primary 
        drinking water regulations applicable to the system 
        under section 1412 or otherwise significantly further 
        the health protection objectives of this title. The 
        funds may also be used to provide loans to a system 
        referred to in section 1401(4)(B) for the purpose of 
        providing the treatment described in section 
        1401(4)(B)(i)(III). The funds shall not be used for the 
        acquisition of real property or interests therein, 
        unless the acquisition is integral to a project 
        authorized by this paragraph and the purchase is from a 
        willing seller. Of the amount credited to any State 
        loan fund established under this section in any fiscal 
        year, 15 percent shall be available solely for 
        providing loan assistance to public water systems which 
        regularly serve fewer than 10,000 persons to the extent 
        such funds can be obligated for eligible projects of 
        public water systems.
            (3) Limitation.--
                    (A) In general.--Except as provided in 
                subparagraph (B), no assistance under this 
                section shall be provided to a public water 
                system that--
                            (i) does not have the technical, 
                        managerial, and financial capability to 
                        ensure compliance with the requirements 
                        of this title; or
                            (ii) is in significant 
                        noncompliance with any requirement of a 
                        national primary drinking water 
                        regulation or variance.
                    (B) Restructuring.--A public water system 
                described in subparagraph (A) may receive 
                assistance under this section if--
                            (i) the use of the assistance will 
                        ensure compliance; and
                            (ii) if subparagraph (A)(i) applies 
                        to the system, 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 the 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.
                    (C) Review.--Prior to providing assistance 
                under this section to a public water system 
                that is in significant noncompliance with any 
                requirement of a national primary drinking 
                water regulation or variance, the State shall 
                conduct a review to determine whether 
                subparagraph (A)(i) applies to the system.
    (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 section 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 section, including the 
                priority assigned to each project and, to the 
                extent known, the expected funding schedule for 
                each project.
    (c) Fund Management.--Each State loan fund under this 
section shall be established, maintained, and credited with 
repayments and interest. The fund corpus shall be available in 
perpetuity for providing financial assistance under this 
section. To the extent amounts in the fund are not required for 
current obligation or expenditure, such amounts shall be 
invested in interest bearing obligations.
    (d) Assistance for Disadvantaged Communities.--
            (1) Loan subsidy.--Notwithstanding any other 
        provision of this section, in any case in which the 
        State makes a loan pursuant to subsection (a)(2) to a 
        disadvantaged community or to a community that the 
        State expects to become a disadvantaged community as 
        the result of a proposed project, the State may provide 
        additional subsidization (including forgiveness of 
        principal).
            (2) Total amount of subsidies.--For each fiscal 
        year, the total amount of loan subsidies made by a 
        State pursuant to paragraph (1) may not exceed 30 
        percent of the amount of the capitalization grant 
        received by the State for the year.
            (3) Definition of disadvantaged community.--In this 
        subsection, the term ``disadvantaged community'' means 
        the service area of a public water system that meets 
        affordability criteria established after public review 
        and comment by the State in which the public water 
        system is located. The Administrator may publish 
        information to assist States in establishing 
        affordability criteria.
    (e) State Contribution.--Each agreement under subsection 
(a) shall require that the State deposit in the State loan fund 
from State moneys an amount equal to at least 20 percent of the 
total amount of the grant to be made to the State on or before 
the date on which the grant payment is made to the State, 
except that a State shall not be required to deposit such 
amount into the fund prior to the date on which each grant 
payment is made for fiscal years 1994, 1995, 1996, and 1997 if 
the State deposits the State contribution amount into the State 
loan fund prior to September 30, 1999.
    (f) 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 (d)(3)), a State may provide an 
                extended term for a loan, if the extended 
                term--
                            (i) terminates not later than the 
                        date that is 30 years after the date of 
                        project completion; and
                            (ii) does not exceed the expected 
                        design life of the project;
                    (C) the recipient of each loan will 
                establish a dedicated source of revenue (or, in 
                the case of a privately owned system, 
                demonstrate that there is adequate security) 
                for the repayment of the loan; and
                    (D) the State loan fund will be credited 
                with all payments of principal and interest on 
                each loan;
            (2) to buy or refinance the debt obligation of a 
        municipality or an intermunicipal or interstate agency 
        within the State at an interest rate that is less than 
        or equal to the market interest rate in any case in 
        which a debt obligation is incurred after July 1, 1993;
            (3) to guarantee, or purchase insurance for, a 
        local obligation (all of the proceeds of which finance 
        a project eligible for assistance under this section) 
        if the guarantee or purchase would improve credit 
        market access or reduce the interest rate applicable to 
        the obligation;
            (4) as a source of revenue or security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the State if the proceeds of 
        the sale of the bonds will be deposited into the State 
        loan fund; and
            (5) to earn interest on the amounts deposited into 
        the State loan fund.
    (g) Administration of State Loan Funds.--
            (1) Combined financial administration.--
        Notwithstanding subsection (c), a State may (as a 
        convenience and to avoid unnecessary administrative 
        costs) combine, in accordance with State law, the 
        financial administration of a State loan fund 
        established under this section with the financial 
        administration of any other revolving fund established 
        by the State if otherwise not prohibited by the law 
        under which the State loan fund was established and if 
        the Administrator determines that--
                    (A) the grants under this section, together 
                with loan repayments and interest, will be 
                separately accounted for and used solely for 
                the purposes specified in subsection (a); and
                    (B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial 
                administration) with respect to assistance 
                remains with the State agency having primary 
                responsibility for administration of the State 
                program under section 1413, after consultation 
                with other appropriate State agencies (as 
                determined by the State): Provided, That in 
                nonprimacy States eligible to receive 
                assistance under this section, the Governor 
                shall determine which State agency will have 
                authority to establish priorities for financial 
                assistance from the State loan fund.
            (2) Cost of administering fund.--Each State may 
        annually use up to 4 percent of the funds allotted to 
        the State under this section to cover the reasonable 
        costs of administration of the programs under this 
        section, including the recovery of reasonable costs 
        expended to establish a State loan fund which are 
        incurred after the date of enactment of this section, 
        and to provide technical assistance to public water 
        systems within the State. For fiscal year 1995 and each 
        fiscal year thereafter, each State may use up to an 
        additional 10 percent of the funds allotted to the 
        State under this section--
                    (A) for public water system supervision 
                programs under section 1443(a);
                    (B) to administer or provide technical 
                assistance through source water protection 
                programs;
                    (C) to develop and implement a capacity 
                development strategy under section 1420(c); and
                    (D) for an operator certification program 
                for purposes of meeting the requirements of 
                section 1419,
        if the State matches the expenditures with at least an 
        equal amount of State funds. At least half of the match 
        must be additional to the amount expended by the State 
        for public water supervision in fiscal year 1993. An 
        additional 2 percent of the funds annually allotted to 
        each State under this section may be used by the State 
        to provide technical assistance to public water systems 
        serving 10,000 or fewer persons in the State. Funds 
        utilized under subparagraph (B) shall not be used for 
        enforcement actions.
            (3) Guidance and regulations.--The Administrator 
        shall publish guidance and promulgate regulations as 
        may be necessary to carry out the provisions of this 
        section, including--
                    (A) provisions to ensure that each State 
                commits and expends funds allotted to the State 
                under this section as efficiently as possible 
                in accordance with this title and applicable 
                State laws;
                    (B) guidance to prevent waste, fraud, and 
                abuse; and
                    (C) guidance to avoid the use of funds made 
                available under this section to finance the 
                expansion of any public water system in 
                anticipation of future population growth.
        The guidance and regulations shall also ensure that the 
        States, and public water systems receiving assistance 
        under this section, use accounting, audit, and fiscal 
        procedures that conform to generally accepted 
        accounting standards.
            (4) State report.--Each State administering a loan 
        fund and assistance program under this subsection shall 
        publish and submit to the Administrator a report every 
        2 years on its activities under this section, including 
        the findings of the most recent audit of the fund and 
        the entire State allotment. The Administrator shall 
        periodically audit all State loan funds established by, 
        and all other amounts allotted to, the States pursuant 
        to this section in accordance with procedures 
        established by the Comptroller General.
    (h) Needs Survey.--The Administrator shall conduct an 
assessment of water system capital improvement needs of all 
eligible public water systems in the United States and submit a 
report to the Congress containing the results of the assessment 
within 180 days after the date of enactment of the Safe 
Drinking Water Act Amendments of 1996 and every 4 years 
thereafter.
    (i) Indian Tribes.--
            (1) In general.--1\1/2\ percent of the amounts 
        appropriated annually to carry out this section may be 
        used by the Administrator to make grants to Indian 
        Tribes and Alaska Native villages that have not 
        otherwise received either grants from the Administrator 
        under this section or assistance from State loan funds 
        established under this section. The grants may only be 
        used for expenditures by tribes and villages for public 
        water system expenditures referred to in subsection 
        (a)(2).
            (2) Use of funds.--Funds reserved pursuant to 
        paragraph (1) shall be used to address the most 
        significant threats to public health associated with 
        public water systems that serve Indian Tribes, as 
        determined by the Administrator in consultation with 
        the Director of the Indian Health Service and Indian 
        Tribes.
            (3) 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.
            (4) Needs assessment.--The Administrator, in 
        consultation with the Director of the Indian Health 
        Service and Indian Tribes, shall, in accordance with a 
        schedule that is consistent with the needs surveys 
        conducted pursuant to subsection (h), 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.
    (j) Other Areas.--Of the funds annually available under 
this section for grants to States, the Administrator shall make 
allotments in accordance with section 1443(a)(4) for the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
American Samoa, and Guam. The grants allotted as provided in 
this subsection may be provided by the Administrator to the 
governments of such areas, to public water systems in such 
areas, or to both, to be used for the public water system 
expenditures referred to in subsection (a)(2). The grants, and 
grants for the District of Columbia, shall not be deposited in 
State loan funds. The total allotment of grants under this 
section for all areas described in this subsection in any 
fiscal year shall not exceed 0.33 percent of the aggregate 
amount made available to carry out this section in that fiscal 
year.
    (k) Other Authorized Activities.--
            (1) In general.--Notwithstanding subsection (a)(2), 
        a State may take each of the following actions:
                    (A) Provide assistance, only in the form of 
                a loan, to one or more of the following:
                            (i) Any public water system 
                        described in subsection (a)(2) to 
                        acquire land or a conservation easement 
                        from a willing seller or grantor, if 
                        the purpose of the acquisition is to 
                        protect the source water of the system 
                        from contamination and to ensure 
                        compliance with national primary 
                        drinking water regulations.
                            (ii) Any community water system to 
                        implement local, voluntary source water 
                        protection measures to protect source 
                        water in areas delineated pursuant to 
                        section 1453, in order to facilitate 
                        compliance with national primary 
                        drinking water regulations applicable 
                        to the system under section 1412 or 
                        otherwise significantly further the 
                        health protection objectives of this 
                        title. Funds authorized under this 
                        clause may be used to fund only 
                        voluntary, incentive-based mechanisms.
                            (iii) Any community water system to 
                        provide funding in accordance with 
                        section 1454(a)(1)(B)(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 1420(c).
                    (C) Make expenditures from the 
                capitalization grant of the State for fiscal 
                years 1996 and 1997 to delineate and assess 
                source water protection areas in accordance 
                with section 1453, except that funds set aside 
                for such expenditure shall be obligated within 
                4 fiscal years.
                    (D) Make expenditures from the fund for the 
                establishment and implementation of wellhead 
                protection programs under section 1428.
            (2) Limitation.--For each fiscal year, the total 
        amount of assistance provided and expenditures made by 
        a State under this subsection may not exceed 15 percent 
        of the amount of the capitalization grant received by 
        the State for that year and may not exceed 10 percent 
        of that amount for any one of the following activities:
                    (A) To acquire land or conservation 
                easements pursuant to paragraph (1)(A)(i).
                    (B) To provide funding to implement 
                voluntary, incentive-based source water quality 
                protection measures pursuant to clauses (ii) 
                and (iii) of paragraph (1)(A).
                    (C) To provide assistance through a 
                capacity development strategy pursuant to 
                paragraph (1)(B).
                    (D) To make expenditures to delineate or 
                assess source water protection areas pursuant 
                to paragraph (1)(C).
                    (E) To make expenditures to establish and 
                implement wellhead protection programs pursuant 
                to paragraph (1)(D).
            (3) Statutory construction.--Nothing in this 
        section creates or conveys any new authority to a 
        State, political subdivision of a State, or community 
        water system for any new regulatory measure, or limits 
        any authority of a State, political subdivision of a 
        State or community water system.
    (l) Savings.--The failure or inability of any public water 
system to receive funds under this section or any other loan or 
grant program, or any delay in obtaining the funds, shall not 
alter the obligation of the system to comply in a timely manner 
with all applicable drinking water standards and requirements 
of this title.
    (m) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out the purposes of this section 
$599,000,000 for the fiscal year 1994 and $1,000,000,000 for 
each of the fiscal years 1995 through 2003. To the extent 
amounts authorized to be appropriated under this subsection in 
any fiscal year are not appropriated in that fiscal year, such 
amounts are authorized to be appropriated in a subsequent 
fiscal year (prior to the fiscal year 2004). Such sums shall 
remain available until expended.
    (n) Health Effects Studies.--From funds appropriated 
pursuant to this section for each fiscal year, the 
Administrator shall reserve $10,000,000 for health effects 
studies on drinking water contaminants authorized by the Safe 
Drinking Water Act Amendments of 1996. In allocating funds made 
available under this subsection, the Administrator shall give 
priority to studies concerning the health effects of 
cryptosporidium (as authorized by section 1458(c)), 
disinfection byproducts (as authorized by section 1458(c)), and 
arsenic (as authorized by section 1412(b)(12)(A)), and the 
implementation of a plan for studies of subpopulations at 
greater risk of adverse effects (as authorized by section 
1458(a)).
    (o) Monitoring for Unregulated Contaminants.--From funds 
appropriated pursuant to this section for each fiscal year 
beginning with fiscal year 1998, the Administrator shall 
reserve $2,000,000 to pay the costs of monitoring for 
unregulated contaminants under section 1445(a)(2)(C).
    (p) Demonstration Project for State of Virginia.--
Notwithstanding the other provisions of this section limiting 
the use of funds deposited in a State loan fund from any State 
allotment, the State of Virginia may, as a single demonstration 
and with the approval of the Virginia General Assembly and the 
Administrator, conduct a program to demonstrate alternative 
approaches to intergovernmental coordination to assist in the 
financing of new drinking water facilities in the following 
rural communities in southwestern Virginia where none exists on 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996 and where such communities are experiencing economic 
hardship: Lee County, Wise County, Scott County, Dickenson 
County, Russell County, Buchanan County, Tazewell County, and 
the city of Norton, Virginia. The funds allotted to that State 
and deposited in the State loan fund may be loaned to a 
regional endowment fund for the purpose set forth in this 
subsection under a plan to be approved by the Administrator. 
The plan may include an advisory group that includes 
representatives of such counties.
    (q) Small System Technical Assistance.--The Administrator 
may reserve up to 2 percent of the total funds appropriated 
pursuant to subsection (m) for each of the fiscal years 1997 
through 2003 to carry out the provisions of section 1442(e) 
(relating to technical assistance for small systems), except 
that the total amount of funds made available for such purpose 
in any fiscal year through appropriations (as authorized by 
section 1442(e)) and reservations made pursuant to this 
subsection shall not exceed the amount authorized by section 
1442(e).
    (r) Evaluation.--The Administrator shall conduct an 
evaluation of the effectiveness of the State loan funds through 
fiscal year 2001. The evaluation shall be submitted to the 
Congress at the same time as the President submits to the 
Congress, pursuant to section 1108 of title 31, United States 
Code, an appropriations request for fiscal year 2003 relating 
to the budget of the Environmental Protection Agency.

[42 U.S.C. 300j-12]

                    SOURCE WATER QUALITY ASSESSMENT

    Sec. 1453. (a) Source Water Assessment.--
            (1) Guidance.--Within 12 months after the date of 
        enactment of the Safe Drinking Water Act Amendments of 
        1996, after notice and comment, the Administrator shall 
        publish guidance for States exercising primary 
        enforcement responsibility for public water systems to 
        carry out directly or through delegation (for the 
        protection and benefit of public water systems and for 
        the support of monitoring flexibility) a source water 
        assessment program within the State's boundaries. Each 
        State adopting modifications to monitoring requirements 
        pursuant to section 1418(b) shall, prior to adopting 
        such modifications, have an approved source water 
        assessment program under this section and shall carry 
        out the program either directly or through delegation.
            (2) Program requirements.--A source water 
        assessment program under this subsection shall--
                    (A) delineate the boundaries of the 
                assessment areas in such State from which one 
                or more public water systems in the State 
                receive supplies of drinking water, using all 
                reasonably available hydrogeologic information 
                on the sources of the supply of drinking water 
                in the State and the water flow, recharge, and 
                discharge and any other reliable information as 
                the State deems necessary to adequately 
                determine such areas; and
                    (B) identify for contaminants regulated 
                under this title for which monitoring is 
                required under this title (or any unregulated 
                contaminants selected by the State, in its 
                discretion, which the State, for the purposes 
                of this subsection, has determined may present 
                a threat to public health), to the extent 
                practical, the origins within each delineated 
                area of such contaminants to determine the 
                susceptibility of the public water systems in 
                the delineated area to such contaminants.
            (3) Approval, implementation, and monitoring 
        relief.--A State source water assessment program under 
        this subsection shall be submitted to the Administrator 
        within 18 months after the Administrator's guidance is 
        issued under this subsection and shall be deemed 
        approved 9 months after the date of such submittal 
        unless the Administrator disapproves the program as 
        provided in section 1428(c). States shall begin 
        implementation of the program immediately after its 
        approval. The Administrator's approval of a State 
        program under this subsection shall include a 
        timetable, established in consultation with the State, 
        allowing not more than 2 years for completion after 
        approval of the program. Public water systems seeking 
        monitoring relief in addition to the interim relief 
        provided under section 1418(a) shall be eligible for 
        monitoring relief, consistent with section 1418(b), 
        upon completion of the assessment in the delineated 
        source water assessment area or areas concerned.
            (4) Timetable.--The timetable referred to in 
        paragraph (3) shall take into consideration the 
        availability to the State of funds under section 1452 
        (relating to State loan funds) for assessments and 
        other relevant factors. The Administrator may extend 
        any timetable included in a State program approved 
        under paragraph (3) to extend the period for completion 
        by an additional 18 months.
            (5) Demonstration project.--The Administrator 
        shall, as soon as practicable, conduct a demonstration 
        project, in consultation with other Federal agencies, 
        to demonstrate the most effective and protective means 
        of assessing and protecting source waters serving large 
        metropolitan areas and located on Federal lands.
            (6) Use of other programs.--To avoid duplication 
        and to encourage efficiency, the program under this 
        section may make use of any of the following:
                    (A) Vulnerability assessments, sanitary 
                surveys, and monitoring programs.
                    (B) Delineations or assessments of ground 
                water sources under a State wellhead protection 
                program developed pursuant to this section.
                    (C) Delineations or assessments of surface 
                or ground water sources under a State pesticide 
                management plan developed pursuant to the 
                Pesticide and Ground Water State Management 
                Plan Regulation (subparts I and J of part 152 
                of title 40, Code of Federal Regulations), 
                promulgated under section 3(d) of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136a(d)).
                    (D) Delineations or assessments of surface 
                water sources under a State watershed 
                initiative or to satisfy the watershed 
                criterion for determining if filtration is 
                required under the Surface Water Treatment Rule 
                (section 141.70 of title 40, Code of Federal 
                Regulations).
                    (E) Delineations or assessments of surface 
                or ground water sources under programs or plans 
                pursuant to the Federal Water Pollution Control 
                Act.
            (7) Public availability.--The State shall make the 
        results of the source water assessments conducted under 
        this subsection available to the public.
    (b) Approval and Disapproval.--For provisions relating to 
program approval and disapproval, see section 1428(c).

[42 U.S.C. 300j-13]

                     SOURCE WATER PETITION PROGRAM

    Sec. 1454. (a) 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 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) Funding.--Each State may--
                            (i) use funds set aside pursuant to 
                        section 1452(k)(1)(A)(iii) by the State 
                        to carry out a program described in 
                        subparagraph (A), including assistance 
                        to voluntary local partnerships for the 
                        development and implementation of 
                        partnership recommendations for the 
                        protection of source water such as 
                        source water quality assessment, 
                        contingency plans, and demonstration 
                        projects for partners within a source 
                        water area delineated under section 
                        1453(a); and
                            (ii) provide assistance in response 
                        to a petition submitted under this 
                        subsection using funds referred to in 
                        subsection (b)(2)(B).
            (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 
                identifying resources which are available 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 
                contributing to the presence of the 
                contaminants) that affect the drinking water 
                supply of a community.
            (3) Contaminants addressed by a petition.--A 
        petition submitted to a State under this subsection 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; or
                    (B) for which a national primary drinking 
                water regulation has been promulgated or 
                proposed and that are detected by adequate 
                monitoring methods in the source water at the 
                intake structure or in any collection, 
                treatment, storage, or distribution facilities 
                by the community water systems at levels--
                            (i) above the maximum contaminant 
                        level; or
                            (ii) 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 section 1453;
                    (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 section 1453; and
                            (ii) each person in the source 
                        water area delineated under section 
                        1453--
                                    (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 section 1453 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.
    (b) Approval or Disapproval of Petitions.--
            (1) In general.--After providing notice and an 
        opportunity for public comment on a petition submitted 
        under subsection (a), 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 (a). The notice of approval shall, at a 
        minimum, include for informational purposes--
                    (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 section 
                        1452;
                    (B) a description of technical or financial 
                assistance pursuant to Federal and State 
                programs that is available to assist in 
                implementing recommendations of the partnership 
                in the petition, including--
                            (i) any program established under 
                        the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the program established under 
                        section 6217 of the Coastal Zone Act 
                        Reauthorization Amendments of 1990 (16 
                        U.S.C. 1455b);
                            (iii) the agricultural water 
                        quality protection program established 
                        under chapter 2 of subtitle D of title 
                        XII of the Food Security Act of 1985 
                        (16 U.S.C. 3838 et seq.);
                            (iv) the sole source aquifer 
                        protection program established under 
                        section 1427;
                            (v) the community wellhead 
                        protection program established under 
                        section 1428;
                            (vi) any pesticide or ground water 
                        management plan;
                            (vii) any voluntary agricultural 
                        resource management plan or voluntary 
                        whole farm or whole ranch management 
                        plan developed and implemented under a 
                        process established by the Secretary of 
                        Agriculture; and
                            (viii) any abandoned well closure 
                        program; and
                    (C) a description of activities that will 
                be undertaken to coordinate Federal and State 
                programs to respond to the petition.
            (3) Disapproval.--If the State disapproves a 
        petition submitted under subsection (a), 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.
    (c) 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 subsection 
        (d). The Administrator shall approve the plan if the 
        plan is consistent with the guidance published under 
        subsection (d).
    (d) Guidance.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Administrator, 
        in consultation with the States, shall publish guidance 
        to assist--
                    (A) States in the development of a source 
                water quality protection partnership program; 
                and
                    (B) municipal or local governments or 
                political subdivisions of a State and community 
                water systems in the development of source 
                water quality protection partnerships and in 
                the assessment of source water quality.
            (2) Contents of the guidance.--The guidance shall, 
        at a minimum--
                    (A) recommend procedures for the approval 
                or disapproval by a State of a petition 
                submitted under subsection (a);
                    (B) recommend procedures for the submission 
                of petitions developed under subsection (a);
                    (C) recommend criteria for the assessment 
                of source water areas within a State; and
                    (D) 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 (a).
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $5,000,000 for 
each of the fiscal years 1997 through 2003. Each State with a 
plan for a program approved under subsection (b) shall receive 
an equitable portion of the funds available for any fiscal 
year.
    (f) Statutory Construction.--Nothing in this section--
            (1)(A) creates or conveys new authority to a State, 
        political subdivision of a State, or community water 
        system for any new regulatory measure; or
            (B) limits any authority of a State, political 
        subdivision, or community water system; or
            (2) precludes a community water system, municipal 
        or local government, or political subdivision of a 
        government from locally developing and carrying out a 
        voluntary, incentive-based, source water quality 
        protection partnership to address the origins of 
        drinking water contaminants of public health concern.

[42 U.S.C. 300j-14]

                        WATER CONSERVATION PLAN

    Sec. 1455. (a) Guidelines.--Not later than 2 years after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996, the Administrator shall publish in the Federal 
Register guidelines for water conservation plans for public 
water systems serving fewer than 3,300 persons, public water 
systems serving between 3,300 and 10,000 persons, and public 
water systems serving more than 10,000 persons, taking into 
consideration such factors as water availability and climate.
    (b) Loans or Grants.--Within 1 year after publication of 
the guidelines under subsection (a), a State exercising primary 
enforcement responsibility for public water systems may require 
a public water system, as a condition of receiving a loan or 
grant from a State loan fund under section 1452, to submit with 
its application for such loan or grant a water conservation 
plan consistent with such guidelines.

[42 U.S.C. 300j-15]

                         ASSISTANCE TO COLONIAS

    Sec. 1456. (a) Definitions.--As used in this section:
            (1) Border state.--The term ``border State'' means 
        Arizona, California, New Mexico, and Texas.
            (2) Eligible community.--The term ``eligible 
        community'' means a low-income community with economic 
        hardship that--
                    (A) is commonly referred to as a colonia;
                    (B) is located along the United States-
                Mexico border (generally in an unincorporated 
                area); and
                    (C) lacks a safe drinking water supply or 
                adequate facilities for the provision of safe 
                drinking water for human consumption.
    (b) Grants To Alleviate Health Risks.--The Administrator of 
the Environmental Protection Agency and the heads of other 
appropriate Federal agencies are authorized to award grants to 
a border State to provide assistance to eligible communities to 
facilitate compliance with national primary drinking water 
regulations or otherwise significantly further the health 
protection objectives of this title.
    (c) Use of Funds.--Each grant awarded pursuant to 
subsection (b) shall be used to provide assistance to one or 
more eligible communities with respect to which the residents 
are subject to a significant health risk (as determined by the 
Administrator or the head of the Federal agency making the 
grant) attributable to the lack of access to an adequate and 
affordable drinking water supply system.
    (d) Cost Sharing.--The amount of a grant awarded pursuant 
to this section shall not exceed 50 percent of the costs of 
carrying out the project that is the subject of the grant.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $25,000,000 for 
each of the fiscal years 1997 through 1999.

[42 U.S.C. 300j-16]

                ESTROGENIC SUBSTANCES SCREENING PROGRAM

    Sec. 1457. In addition to the substances referred to in 
section 408(p)(3)(B) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 346a(p)(3)(B)) the Administrator may provide for 
testing under the screening program authorized by section 
408(p) of such Act, in accordance with the provisions of 
section 408(p) of such Act, of any other substance that may be 
found in sources of drinking water if the Administrator 
determines that a substantial population may be exposed to such 
substance.

[42 U.S.C. 300j-17]

                         drinking water studies

    Sec. 1458. (a) Subpopulations at Greater Risk.--
            (1) In general.--The Administrator shall conduct a 
        continuing program of studies 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. The study 
        shall examine whether and to what degree infants, 
        children, pregnant women, the elderly, individuals with 
        a history of serious illness, or other subpopulations 
        that can be identified and characterized are likely to 
        experience elevated health risks, including risks of 
        cancer, from contaminants in drinking water.
            (2) 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 the 
        Congress on the results of the studies.
    (b) Biological Mechanisms.--The Administrator shall conduct 
biomedical 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.
    (c) Studies on Harmful Substances in Drinking Water.--
            (1) Development of studies.--The Administrator 
        shall, not later than 180 days after the date of 
        enactment of this section and after consultation with 
        the Secretary of Health and Human Services, the 
        Secretary of Agriculture, and, as appropriate, the 
        heads of other Federal agencies, conduct the studies 
        described in paragraph (2) to support the development 
        and implementation of the most current version of each 
        of the following:
                    (A) Enhanced Surface Water Treatment Rule 
                (59 Fed. Reg. 38832 (July 29, 1994)).
                    (B) Disinfectant and Disinfection 
                Byproducts Rule (59 Fed. Reg. 38668 (July 29, 
                1994)).
                    (C) Ground Water Disinfection Rule 
                (availability of draft summary announced at (57 
                Fed. Reg. 33960; July 31, 1992)).
            (2) Contents of studies.--The studies required by 
        paragraph (1) shall include, at a minimum, each of the 
        following:
                    (A) Toxicological studies and, if 
                warranted, epidemiological studies to determine 
                what levels of exposure from disinfectants and 
                disinfection byproducts, if any, may be 
                associated with developmental and birth defects 
                and other potential toxic end points.
                    (B) Toxicological studies and, if 
                warranted, epidemiological studies to quantify 
                the carcinogenic potential from exposure to 
                disinfection byproducts resulting from 
                different disinfectants.
                    (C) The development of dose-response curves 
                for pathogens, including cryptosporidium and 
                the Norwalk virus.
            (3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection $12,500,000 for each of fiscal years 1997 
        through 2003.
    (d) Waterborne Disease Occurrence Study.--
            (1) System.--The Director of the Centers for 
        Disease Control and Prevention, and the Administrator 
        shall jointly--
                    (A) within 2 years after the date of 
                enactment of this section, conduct pilot 
                waterborne disease occurrence studies for at 
                least 5 major United States communities or 
                public water systems; and
                    (B) within 5 years after the date of 
                enactment of this section, prepare a report on 
                the findings of the pilot studies, and a 
                national estimate of waterborne disease 
                occurrence.
            (2) Training and education.--The Director and 
        Administrator shall jointly establish a national health 
        care provider training and public education campaign to 
        inform both the professional health care provider 
        community and the general public about waterborne 
        disease and the symptoms that may be caused by 
        infectious agents, including microbial contaminants. In 
        developing such a campaign, they shall seek comment 
        from interested groups and individuals, including 
        scientists, physicians, State and local governments, 
        environmental groups, public water systems, and 
        vulnerable populations.
            (3) Funding.--There are authorized to be 
        appropriated for each of the fiscal years 1997 through 
        2001, $3,000,000 to carry out this subsection. To the 
        extent funds under this subsection are not fully 
        appropriated, the Administrator may use not more than 
        $2,000,000 of the funds from amounts reserved under 
        section 1452(n) for health effects studies for purposes 
        of this subsection. The Administrator may transfer a 
        portion of such funds to the Centers for Disease 
        Control and Prevention for such purposes.

[42 U.S.C. 300j-18]

  Part F--Additional Requirements To Regulate the Safety of Drinking 
                               Water \1\

                        [sec. 1461. definitions]

                              definitions

    Sec. 1461. As used in this part--
---------------------------------------------------------------------------
    \1\ Part F was added by the Lead Contamination Control Act of 1988 
(P.L. 100-572; 102 Stat. 2884).
---------------------------------------------------------------------------
            (1) Drinking water cooler.--The term ``drinking 
        water cooler'' means any mechanical device affixed to 
        drinking water supply plumbing which actively cools 
        water for human consumption.
            (2) Lead free.--The term ``lead free'' means, with 
        respect to a drinking water cooler, that each part or 
        component of the cooler which may come in contact with 
        drinking water contains not more than 8 percent lead, 
        except that no drinking water cooler which contains any 
        solder, flux, or storage tank interior surface which 
        may come in contact with drinking water shall be 
        considered lead free if the solder, flux, or storage 
        tank interior surface contains more than 0.2 percent 
        lead. The Administrator may establish more stringent 
        requirements for treating any part or component of a 
        drinking water cooler as lead free for purposes of this 
        part whenever he determines that any such part may 
        constitute an important source of lead in drinking 
        water.
            (3) Local educational agency.--The term ``local 
        educational agency'' means--
                    (A) any local educational agency as defined 
                in section 14101 of the Elementary and 
                Secondary Education Act of 1965,
                    (B) the owner of any private, nonprofit 
                elementary or secondary school building, and
                    (C) the governing authority of any school 
                operating under the defense dependent's 
                education system provided for under the Defense 
                Dependent's Education Act of 1978 (20 U.S.C. 
                921 and following).
            (4) Repair.--The term ``repair'' means, with 
        respect to a drinking water cooler, to take such 
        corrective action as is necessary to ensure that water 
        cooler is lead free.
            (5) Replacement.--The term ``replacement'', when 
        used with respect to a drinking water cooler, means the 
        permanent removal of the water cooler and the 
        installation of a lead free water cooler.
            (6) School.--The term ``school'' means any 
        elementary school or secondary school as defined in 
        section 14101 of the Elementary and Secondary Education 
        Act of 1965 and any kindergarten or day care facility.
            (7) Lead-lined tank.--The term ``lead-lined tank'' 
        means a water reservoir container in a drinking water 
        cooler which container is constructed of lead or which 
        has an interior surface which is not leadfree.

[42 U.S.C. 300j-21]

  [sec. 1462. recall of drinking water coolers with lead-lined tanks]

         recall of drinking water coolers with lead-lined tanks

    Sec. 1462. For purposes of the Consumer Product Safety Act, 
all drinking water coolers identified by the Administrator on 
the list under section 1463 as having a lead-lined tank shall 
be considered to be imminently hazardous consumer products 
within the meaning of section 12 of such Act (15 U.S.C. 2061). 
After notice and opportunity for comment, including a public 
hearing, the Consumer Product Safety Commission shall issue an 
order requiring the manufacturers and importers of such coolers 
to repair, replace, or recall and provide a refund for such 
coolers within 1 year after the enactment of the Lead 
Contamination Control Act of 1988. For purposes of enforcement, 
such order shall be treated as an order under section 15(d) of 
that Act (15 U.S.C. 2064(d)).

[42 U.S.C. 300j-22]

          [sec. 1463. drinking water coolers containing lead]

                 drinking water coolers containing lead

    Sec. 1463. (a) Publication of Lists.--The Administrator 
shall, after notice and opportunity for public comment, 
identify each brand and model of drinking water cooler which is 
not lead free, including each brand and model of drinking water 
cooler which has a lead-lined tank. For purposes of identifying 
the brand and model of drinking water coolers under this 
subsection, the Administrator shall use the best information 
available to the Environmental Protection Agency. Within 100 
days after the enactment of this section, the Administrator 
shall publish a list of each brand and model of drinking water 
cooler identified under this subsection. Such list shall 
separately identify each brand and model of cooler which has a 
lead-lined tank. The Administrator shall continue to gather 
information regarding lead in drinking water coolers and shall 
revise and republish the list from time to time as may be 
appropriate as new information or analysis becomes available 
regarding lead contamination in drinking water coolers.
    (b) Prohibition.--No person may sell in interstate 
commerce, or manufacture for sale in interstate commerce, any 
drinking water cooler listed under subsection (a) or any other 
drinking water cooler which is not lead free, including a lead-
lined drinking water cooler.
    (c) Criminal Penalty.--Any person who knowingly violates 
the prohibition contained in subsection (b) shall be imprisoned 
for not more than 5 years, or fined in accordance with title 18 
of the United States Code, or both.
    (d) Civil Penalty.--The Administrator may bring a civil 
action in the appropriate United States District Court (as 
determined under the provisions of title 28 of the United 
States Code) to impose a civil penalty on any person who 
violates subsection (b). In any such action the court may 
impose on such person a civil penalty of not more than $5,000 
($50,000 in the case of a second or subsequent violation).

[42 U.S.C. 300j-23]

        [sec. 1464. lead contamination in school drinking water]

              lead contamination in school drinking water

    Sec. 1464. (a) Distribution of Drinking Water Cooler 
List.--Within 100 days after the enactment of this section, the 
Administrator shall distribute to the States a list of each 
brand and model of drinking water cooler identified and listed 
by the Administrator under section 1463(a).
    (b) Guidance Document and Testing Protocol.--The 
Administrator shall publish a guidance document and a testing 
protocol to assist schools in determining the source and degree 
of lead contamination in school drinking water supplies and in 
remedying such contamination. The guidance document shall 
include guidelines for sample preservation. The guidance 
document shall also include guidance to assist States, schools, 
and the general public in ascertaining the levels of lead 
contamination in drinking water coolers and in taking 
appropriate action to reduce or eliminate such contamination. 
The guidance document shall contain a testing protocol for the 
identification of drinking water coolers which contribute to 
lead contamination in drinking water. Such document and 
protocol may be revised, republished and redistributed as the 
Administrator deems necessary. The Administrator shall 
distribute the guidance document and testing protocol to the 
States within 100 days after the enactment of this section.
    (c) Dissemination to Schools, Etc.--Each State shall 
provide for the dissemination to local educational agencies, 
private nonprofit elementary or secondary schools and to day 
care centers of the guidance document and testing protocol 
published under subsection (b), together with the list of 
drinking water coolers published under section 1463(a).
    (d) Remedial Action Program.--
            (1) Testing and remedying lead contamination.--
        Within 9 months after the enactment of this section, 
        each State shall establish a program, consistent with 
        this section, to assist local educational agencies in 
        testing for, and remedying, lead contamination in 
        drinking water from coolers and from other sources of 
        lead contamination at schools under the jurisdiction of 
        such agencies.
            (2) Public availability.--A copy of the results of 
        any testing under paragraph (1) shall be available in 
        the administrative offices of the local educational 
        agency for inspection by the public, including 
        teachers, other school personnel, and parents. The 
        local educational agency shall notify parent, teacher, 
        and employee organizations of the availability of such 
        testing results.
            (3) Coolers.--In the case of drinking water 
        coolers, such program shall include measures for the 
        reduction or elimination of lead contamination from 
        those water coolers which are not lead free and which 
        are located in schools. Such measures shall be adequate 
        to ensure that within 15 months after the enactment of 
        this subsection all such water coolers in schools under 
        the jurisdiction of such agencies are repaired, 
        replaced, permanently removed, or rendered inoperable 
        unless the cooler is tested and found (within the 
        limits of testing accuracy) not to contribute lead to 
        drinking water.

[42 U.S.C. 300j-24]

   [sec. 1465. federal assistance for state programs regarding lead 
                contamination in school drinking water]

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

    Sec. 1465. (a) School Drinking Water Programs.--The 
Administrator shall make grants to States to establish and 
carry out State programs under section 1464 to assist local 
educational agencies in testing for, and remedying, lead 
contamination in drinking water from drinking water coolers and 
from other sources of lead contamination at schools under the 
jurisdiction of such agencies. Such grants may be used by 
States to reimburse local educational agencies for expenses 
incurred after the enactment of this section for such testing 
and remedial action.
    (b) Limits.--Each grant under this section shall be used by 
the State for testing water coolers in accordance with section 
1464, for testing for lead contamination in other drinking 
water supplies under section 1464, or for remedial action under 
State programs under section 1464. Not more than 5 percent of 
the grant may be used for program administration.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section not more than 
$30,000,000 for fiscal year 1989, $30,000,000 for fiscal year 
1990, and $30,000,000 for fiscal year 1991.

[42 U.S.C. 300j-25]

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