[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[House]
[Pages H7720-H7742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFE DRINKING WATER ACT AMENDMENTS OF 1995
Mr. BLILEY. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 1316) to reauthorize and amend
title XIV of the Public Health Service Act (commonly known as the
``Safe Drinking Water Act''), and for other purposes, and ask for its
immediate consideration.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
The Clerk read the Senate bill, as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Safe
Drinking Water Act Amendments of 1995''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. State revolving loan funds.
Sec. 4. Selection of contaminants; schedule.
Sec. 5. Risk assessment, management, and communication.
Sec. 6. Standard-setting; review of standards.
Sec. 7. Arsenic.
Sec. 8. Radon.
Sec. 9. Sulfate.
Sec. 10. Filtration and disinfection.
Sec. 11. Effective date for regulations.
Sec. 12. Technology and treatment techniques; technology centers.
Sec. 13. Variances and exemptions.
Sec. 14. Small systems; technical assistance.
Sec. 15. Capacity development; finance centers.
Sec. 16. Operator and laboratory certification.
Sec. 17. Source water quality protection partnerships.
Sec. 18. State primacy; State funding.
Sec. 19. Monitoring and information gathering.
Sec. 20. Public notification.
Sec. 21. Enforcement; judicial review.
Sec. 22. Federal agencies.
Sec. 23. Research.
Sec. 24. Definitions.
Sec. 25. Watershed and ground water protection.
Sec. 26. Lead plumbing and pipes; return flows.
Sec. 27. Bottled water.
Sec. 28. Other amendments.
(c) References to Title XIV of the Public Health Service
Act.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act'') (42
U.S.C. 300f et seq.).
SEC. 2. FINDINGS.
Congress finds that--
(1) safe drinking water is essential to the protection of
public health;
(2) because the requirements of title XIV of the Public
Health Service Act (commonly known as the ``Safe Drinking
Water Act'') (42 U.S.C. 300f et seq.) now exceed the
financial and technical capacity of some public water
systems, especially many small public water systems, the
Federal Government needs to provide assistance to communities
to help the communities meet Federal drinking water
requirements;
(3) the Federal Government commits to take steps to foster
and maintain a genuine partnership with the States in the
administration and implementation of the Safe Drinking Water
Act;
(4) States play a central role in the implementation of
safe drinking water programs, and States need increased
financial resources and appropriate flexibility to ensure the
prompt and effective development and implementation of
drinking water programs;
(5) the existing process for the assessment and regulation
of additional drinking water contaminants needs to be revised
and improved to ensure that there is a sound scientific basis
for drinking water regulations and that the standards
established address the health risks posed by contaminants;
(6) procedures for assessing the health effects of
contaminants and establishing drinking water standards should
be revised to provide greater opportunity for public
education and participation;
(7) in setting priorities with respect to the health risks
from drinking water to be addressed and in selecting the
appropriate level of regulation for contaminants in drinking
water, risk assessment and benefit-cost analysis are
important and useful tools for improving the efficiency and
effectiveness of drinking water regulations to protect human
health;
(8) more effective protection of public health requires--
(A) a Federal commitment to set priorities that will allow
scarce Federal, State, and local resources to be targeted
toward the drinking water problems of greatest public health
concern; and
(B) maximizing the value of the different and complementary
strengths and responsibilities of the Federal and State
governments in those States that have primary enforcement
responsibility for the Safe Drinking Water Act; and
(9) compliance with the requirements of the Safe Drinking
Water Act continues to be a concern at public water systems
experiencing technical and financial limitations, and
Federal, State, and local governments need more resources and
more effective authority to attain the objectives of the Safe
Drinking Water Act.
SEC. 3. STATE REVOLVING LOAN FUNDS.
The title (42 U.S.C. 300f et seq.) is amended by adding at
the end the following:
``PART G--STATE REVOLVING LOAN FUNDS
``general authority
``Sec. 1471. (a) Capitalization Grant Agreements.--The
Administrator shall offer to enter into an agreement with
each State to make capitalization grants to the State
pursuant to section 1472 (referred to in this part as
`capitalization grants') to establish a drinking water
treatment State revolving loan fund (referred to in this part
as a `State loan fund').
``(b) Requirements of Agreements.--An agreement entered
into pursuant to this section shall establish, to the
satisfaction of the Administrator, that--
``(1) the State has established a State loan fund that
complies with the requirements of this part;
``(2) the State loan fund will be administered by an
instrumentality of the State that has the powers and
authorities that are required to operate the State loan fund
in accordance with this part;
``(3) the State will deposit the capitalization grants into
the State loan fund;
``(4) the State will deposit all loan repayments received,
and interest earned on the amounts deposited into the State
loan fund under this part, into the State loan fund;
``(5) the State will deposit into the State loan fund an
amount equal to at least 20 percent of the total amount of
each payment to be made to the State on or before the date on
which the payment is made to the State, except as provided in
subsection (c)(4);
[[Page H7721]]
``(6) the State will use funds in the State loan fund in
accordance with an intended use plan prepared pursuant to
section 1474(b);
``(7) the State and loan recipients that receive funds that
the State makes available from the State loan fund will use
accounting procedures that conform to generally accepted
accounting principles, auditing procedures that conform to
chapter 75 of title 31, United States Code (commonly known as
the `Single Audit Act of 1984'), and such fiscal procedures
as the Administrator may prescribe; and
``(8) the State has adopted policies and procedures to
ensure that loan recipients are reasonably likely to be able
to repay a loan.
``(c) Administration of State Loan Funds.--
``(1) In general.--The authority to establish assistance
priorities for financial assistance provided with amounts
deposited into the State loan fund shall reside in the State
agency that has primary responsibility for the administration
of the State program under section 1413, after consultation
with other appropriate State agencies (as determined by the
State): Provided further, That in nonprimacy States, the
Governor shall determine which State agency will have the
authority to establish assistance priorities for financial
assistance provided with amounts deposited into the State
loan fund.
``(2) Financial administration.--A State may combine the
financial administration of the State loan fund pursuant to
this part with the financial administration of a State water
pollution control revolving fund established by the State
pursuant to title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.), or other State revolving funds
providing financing for similar purposes, if the
Administrator determines that the grants to be provided to
the State under this part, and the loan repayments and
interest deposited into the State loan fund pursuant to this
part, will be separately accounted for and used solely for
the purposes of and in compliance with the requirements of
this part.
``(3) Transfer of funds.--
``(A) In general.--Notwithstanding any other provision of
law, a Governor of a State may--
``(i) reserve up to 50 percent of a capitalization grant
made pursuant to section 1472 and add the funds reserved to
any funds provided to the State pursuant to section 601 of
the Federal Water Pollution Control Act (33 U.S.C. 1381); and
``(ii) reserve in any year a dollar amount up to the dollar
amount that may be reserved under clause (i) for that year
from capitalization grants made pursuant to section 601 of
such Act (33 U.S.C. 1381) and add the reserved funds to any
funds provided to the State pursuant to section 1472.
``(B) State match.--Funds reserved pursuant to this
paragraph shall not be considered to be a State match of a
capitalization grant required pursuant to this title or the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
``(4) Extended period.--Notwithstanding subsection (b)(5),
a State shall not be required to deposit a State matching
amount into the fund prior to the date on which each payment
is made for payments from funds appropriated for fiscal years
1994, 1995, and 1996, if the matching amounts for the
payments are deposited into the State fund prior to September
30, 1998.
``capitalization grants
``Sec. 1472. (a) General Authority.--The Administrator may
make grants to capitalize State loan funds to a State that
has entered into an agreement pursuant to section 1471.
``(b) Formula for Allotment of Funds.--
``(1) In general.--Subject to subsection (c) and paragraph
(2), funds made available to carry out this part shall be
allotted to States that have entered into an agreement
pursuant to section 1471 in accordance with--
``(A) for each of fiscal years 1995 through 1997, a formula
that is the same as the formula used to distribute public
water system supervision grant funds under section 1443 in
fiscal year 1995, except that the minimum proportionate share
established in the formula shall be 1 percent of available
funds and the formula shall be adjusted to include a minimum
proportionate share for the State of Wyoming; and
``(B) for fiscal year 1998 and each subsequent fiscal year,
a formula that allocates to each State the proportional share
of the State needs identified in the most recent survey
conducted pursuant to section 1475(c), except that the
minimum proportionate share provided to each State shall be
the same as the minimum proportionate share provided under
subparagraph (A).
``(2) Other jurisdictions.--The formula established
pursuant to paragraph (1) shall reserve 0.5 percent of the
amounts made available to carry out this part for a fiscal
year for providing direct grants to the jurisdictions, other
than Indian Tribes, referred to in subsection (f).
``(c) Reservation of Funds for Indian Tribes.--
``(1) In general.--For each fiscal year, prior to the
allotment of funds made available to carry out this part, the
Administrator shall reserve 1.5 percent of the funds for
providing financial assistance to Indian Tribes pursuant to
subsection (f).
``(2) Use of funds.--Funds reserved pursuant to paragraph
(1) shall be used to address the most significant threats to
public health associated with public water systems that serve
Indian Tribes, as determined by the Administrator in
consultation with the Director of the Indian Health Service
and Indian Tribes.
``(3) Needs assessment.--The Administrator, in consultation
with the Director of the Indian Health Service and Indian
Tribes, shall, in accordance with a schedule that is
consistent with the needs surveys conducted pursuant to
section 1475(c), prepare surveys and assess the needs of
drinking water treatment facilities to serve Indian Tribes,
including an evaluation of the public water systems that pose
the most significant threats to public health.
``(d) Technical Assistance for Small Systems.--
``(1) Definitions.--In this subsection:
``(A) Small system.--The term `small system' means a public
water system that serves a population of 10,000 or fewer.
``(B) Technical assistance.--The term `technical
assistance' means assistance provided by a State to a small
system, including assistance to potential loan recipients and
assistance for planning and design, development and
implementation of a source water quality protection
partnership program, alternative supplies of drinking water,
restructuring or consolidation of a small system, and
treatment to comply with a national primary drinking water
regulation.
``(2) Reservation of funds.--To provide technical
assistance pursuant to this subsection, each State may
reserve from capitalization grants received in any year an
amount that does not exceed the greater of--
``(A) an amount equal to 2 percent of the amount of the
capitalization grants received by the State pursuant to this
section; or
``(B) $300,000.
``(e) Allotment Period.--
``(1) Period of availability for financial assistance.--
``(A) In general.--Except as provided in subparagraph (B),
the sums allotted to a State pursuant to subsection (b) for a
fiscal year shall be available to the State for obligation
during the fiscal year for which the sums are authorized and
during the following fiscal year.
``(B) Funds made available for fiscal years 1995 and
1996.--The sums allotted to a State pursuant to subsection
(b) from funds that are made available by appropriations for
each of fiscal years 1995 and 1996 shall be available to the
State for obligation during each of fiscal years 1995 through
1998.
``(2) Reallotment of unobligated funds.--Prior to
obligating new allotments made available to the State
pursuant to subsection (b), each State shall obligate funds
accumulated before a date that is 1 year prior to the date of
the obligation of a new allotment from loan repayments and
interest earned on amounts deposited into a State loan fund.
The amount of any allotment that is not obligated by a State
by the last day of the period of availability established by
paragraph (1) shall be immediately reallotted by the
Administrator on the basis of the same ratio as is applicable
to sums allotted under subsection (b), except that the
Administrator may reserve and allocate 10 percent of the
remaining amount for financial assistance to Indian Tribes in
addition to the amount allotted under subsection (c). None of
the funds reallotted by the Administrator shall be reallotted
to any State that has not obligated all sums allotted to the
State pursuant to this section during the period in which the
sums were available for obligation.
``(3) Allotment of withheld funds.--All funds withheld by
the Administrator pursuant to subsection (g) and section
1442(e)(3) shall be allotted by the Administrator on the
basis of the same ratio as is applicable to funds allotted
under subsection (b). None of the funds allotted by the
Administrator pursuant to this paragraph shall be allotted to
a State unless the State has met the requirements of section
1418(a).
``(f) Direct Grants.--
``(1) In general.--The Administrator is authorized to make
grants for the improvement of public water systems of Indian
Tribes, the District of Columbia, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, and Guam and, if funds are appropriated to
carry out this part for fiscal year 1995, the Republic of
Palau.
``(2) Alaska native villages.--In the case of a grant for a
project under this subsection in an Alaska Native village,
the Administrator is also authorized to make grants to the
State of Alaska for the benefit of Native villages. An amount
not to exceed 4 percent of the grant amount may be used by
the State of Alaska for project management.
``(g) New System Capacity.--Beginning in fiscal year 1999,
the Administrator shall withhold the percentage prescribed in
the following sentence of each capitalization grant made
pursuant to this section to a State unless the State has met
the requirements of section 1418(a). The percentage withheld
shall be 5 percent for fiscal year 1999, 10 percent for
fiscal year 2000, and 15 percent for each subsequent fiscal
year.
``eligible assistance
``Sec. 1473. (a) In General.--The amounts deposited into a
State loan fund, including any amounts equal to the amounts
of loan repayments and interest earned on the amounts
deposited, may be used by the State to carry out projects
that are consistent with this section.
``(b) Projects Eligible for Assistance.--
``(1) In general.--The amounts deposited into a State loan
fund shall be used only for
[[Page H7722]]
providing financial assistance for capital expenditures and
associated costs (but excluding the cost of land acquisition
unless the cost is incurred to acquire land for the
construction of a treatment facility or for a consolidation
project) for--
``(A) a project that will facilitate compliance with
national primary drinking water regulations promulgated
pursuant to section 1412;
``(B) a project that will facilitate the consolidation of
public water systems or the use of an alternative source of
water supply;
``(C) a project that will upgrade a drinking water
treatment system; and
``(D) the development of a public water system to replace
private drinking water supplies if the private water supplies
pose a significant threat to human health.
``(2) Operator training.--Associated costs eligible for
assistance under this part include the costs of training and
certifying the persons who will operate facilities that
receive assistance pursuant to paragraph (1).
``(3) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
no assistance under this part shall be provided to a public
water system that--
``(i) does not have the technical, managerial, and
financial capability to ensure compliance with the
requirements of this title; and
``(ii) has a history of--
``(I) past violations of any maximum contaminant level or
treatment technique established by a regulation or a
variance; or
``(II) significant noncompliance with monitoring
requirements or any other requirement of a national primary
drinking water regulation or variance.
``(B) Restructuring.--A public water system described in
subparagraph (A) may receive assistance under this part if--
``(i) the owner or operator of the system agrees to
undertake feasible and appropriate changes in operations
(including ownership, management, accounting, rates,
maintenance, consolidation, alternative water supply, or
other procedures) if the State determines that such measures
are necessary to ensure that the system has the technical,
managerial, and financial capability to comply with the
requirements of this title over the long term; and
``(ii) the use of the assistance will ensure compliance.
``(c) Eligible Public Water Systems.--A State loan fund, or
the Administrator in the case of direct grants under section
1472(f), may provide financial assistance only to community
water systems, publicly owned water systems (other than
systems owned by Federal agencies), and nonprofit
noncommunity water systems.
``(d) Types of Assistance.--Except as otherwise limited by
State law, the amounts deposited into a State loan fund under
this section may be used only--
``(1) to make loans, on the condition that--
``(A) the interest rate for each loan is less than or equal
to the market interest rate, including an interest free loan;
``(B) principal and interest payments on each loan will
commence not later than 1 year after completion of the
project for which the loan was made, and each loan will be
fully amortized not later than 20 years after the completion
of the project, except that in the case of a disadvantaged
community (as defined in subsection (e)(1)), a State may
provide an extended term for a loan, if the extended term--
``(i) terminates not later than the date that is 30 years
after the date of project completion; and
``(ii) does not exceed the expected design life of the
project;
``(C) the recipient of each loan will establish a dedicated
source of revenue (or, in the case of a privately-owned
system, demonstrate that there is adequate security) for the
repayment of the loan; and
``(D) the State loan fund will be credited with all
payments of principal and interest on each loan;
``(2) to buy or refinance the debt obligation of a
municipality or an intermunicipal or interstate agency within
the State at an interest rate that is less than or equal to
the market interest rate in any case in which a debt
obligation is incurred after October 14, 1993, or to
refinance a debt obligation for a project constructed to
comply with a regulation established pursuant to an amendment
to this title made by the Safe Drinking Water Act Amendments
of 1986 (Public Law 99-339; 100 Stat. 642);
``(3) to guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for assistance under subsection (b)) if the
guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation;
``(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of the bonds
will be deposited into the State loan fund; and
``(5) to earn interest on the amounts deposited into the
State loan fund.
``(e) Assistance for Disadvantaged Communities.--
``(1) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means the
service area of a public water system that meets
affordability criteria established after public review and
comment by the State in which the public water system is
located. The Administrator may publish information to assist
States in establishing affordability criteria.
``(2) Loan subsidy.--Notwithstanding subsection (d), in any
case in which the State makes a loan pursuant to subsection
(d) to a disadvantaged community or to a community that the
State expects to become a disadvantaged community as the
result of a proposed project, the State may provide
additional subsidization (including forgiveness of
principal).
``(3) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by a State pursuant to
paragraph (2) may not exceed 30 percent of the amount of the
capitalization grant received by the State for the year.
``(f) Source Water Quality Protection and Capacity
Development.--
``(1) In general.--Notwithstanding subsection (b)(1), a
State may--
``(A) provide assistance, only in the form of a loan, to--
``(i) any public water system described in subsection (c)
to acquire land or a conservation easement from a willing
seller or grantor, if the purpose of the acquisition is to
protect the source water of the system from contamination; or
``(ii) any community water system described in subsection
(c) to provide funding in accordance with section
1419(d)(1)(C)(i);
``(B) provide assistance, including technical and financial
assistance, to any public water system as part of a capacity
development strategy developed and implemented in accordance
with section 1418(c); and
``(C) make expenditures from the capitalization grant of
the State for fiscal years 1996 and 1997 to delineate and
assess source water protection areas in accordance with
section 1419, except that funds set aside for such
expenditure shall be obligated within 4 fiscal years.
``(2) Limitation.--For each fiscal year, the total amount
of assistance provided and expenditures made by a State under
this subsection may not exceed 15 percent of the amount of
the capitalization grant received by the State for that year
and may not exceed 10 percent of that amount for any one of
the following activities:
``(A) To acquire land or conservation easements pursuant to
paragraph (1)(A)(i).
``(B) To provide funding to implement recommendations of
source water quality protection partnerships pursuant to
paragraph (1)(A)(ii).
``(C) To provide assistance through a capacity development
strategy pursuant to paragraph (1)(B).
``(D) To make expenditures to delineate or assess source
water protection areas pursuant to paragraph (1)(C).
``state loan fund administration
``Sec. 1474. (a) Administration, Technical Assistance, and
Management.--
``(1) Administration.--Each State that has a State loan
fund is authorized to expend from the annual capitalization
grant of the State a reasonable amount, not to exceed 4
percent of the capitalization grant made to the State, for
the costs of the administration of the State loan fund.
``(2) State program management assistance.--
``(A) In general.--Each State that has a loan fund is
authorized to expend from the annual capitalization grant of
the State an amount, determined pursuant to this paragraph,
to carry out the public water system supervision program
under section 1443(a) and to--
``(i) administer, or provide technical assistance through,
source water quality protection programs, including a
partnership program under section 1419; and
``(ii) develop and implement a capacity development
strategy under section 1418(c) in the State.
``(B) Limitation.--Amounts expended by a State pursuant to
this paragraph for any fiscal year may not exceed an amount
that is equal to the amount of the grant funds available to
the State for that fiscal year under section 1443(a).
``(C) State funds.--For any fiscal year, funds may not be
expended pursuant to this paragraph unless the Administrator
determines that the amount of State funds made available to
carry out the public water system supervision program under
section 1443(a) for the fiscal year is not less than the
amount of State funds made available to carry out the program
for fiscal year 1993.
``(b) Intended Use Plans.--
``(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this part shall annually prepare a plan
that identifies the intended uses of the amounts available to
the State loan fund of the State.
``(2) Contents.--An intended use plan shall include--
``(A) a list of the projects to be assisted in the first
fiscal year that begins after the date of the plan, including
a description of the project, the expected terms of financial
assistance, and the size of the community served;
``(B) the criteria and methods established for the
distribution of funds; and
``(C) a description of the financial status of the State
loan fund and the short-term and long-term goals of the State
loan fund.
``(3) Use of funds.--
[[Page H7723]]
``(A) In general.--An intended use plan shall provide, to
the maximum extent practicable, that priority for the use of
funds be given to projects that--
``(i) address the most serious risk to human health;
``(ii) are necessary to ensure compliance with the
requirements of this title (including requirements for
filtration); and
``(iii) assist systems most in need on a per household
basis according to State affordability criteria.
``(B) List of projects.--Each State shall, after notice and
opportunity for public comment, publish and periodically
update a list of projects in the State that are eligible for
assistance under this part, including the priority assigned
to each project and, to the extent known, the expected
funding schedule for each project.
``state loan fund management
``Sec. 1475. (a) In General.--Not later than 1 year after
the date of enactment of this part, and annually thereafter,
the Administrator shall conduct such reviews and audits as
the Administrator considers appropriate, or require each
State to have the reviews and audits independently conducted,
in accordance with the single audit requirements of chapter
75 of title 31, United States Code.
``(b) State Reports.--Not later than 2 years after the date
of enactment of this part, and every 2 years thereafter, each
State that administers a State loan fund shall publish and
submit to the Administrator a report on the activities of the
State under this part, including the findings of the most
recent audit of the State loan fund.
``(c) Drinking Water Needs Survey and Assessment.--Not
later than 1 year after the date of enactment of this part,
and every 4 years thereafter, the Administrator shall submit
to Congress a survey and assessment of the needs for
facilities in each State eligible for assistance under this
part (including, in the case of the State of Alaska, the
needs of Native villages (as defined in section 3(c) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c))).
The survey and assessment conducted pursuant to this
subsection shall--
``(1) identify, by State, the needs for projects or
facilities owned or controlled by community water systems
eligible for assistance under this part on the date of the
assessment (other than refinancing for a project pursuant to
section 1473(d)(2));
``(2) estimate the needs for eligible facilities over the
20-year period following the date of the assessment;
``(3) identify, by size category, the population served by
public water systems with needs identified pursuant to
paragraph (1); and
``(4) include such other information as the Administrator
determines to be appropriate.
``(d) Evaluation.--The Administrator shall conduct an
evaluation of the effectiveness of the State loan funds
through fiscal year 1999. The evaluation shall be submitted
to Congress at the same time as the President submits to
Congress, pursuant to section 1108 of title 31, United States
Code, an appropriations request for fiscal year 2001 relating
to the budget of the Environmental Protection Agency.
``enforcement
``Sec. 1476. The failure or inability of any public water
system to receive funds under this part or any other loan or
grant program, or any delay in obtaining the funds, shall not
alter the obligation of the system to comply in a timely
manner with all applicable drinking water standards and
requirements of this title.
``regulations and guidance
``Sec. 1477. The Administrator shall publish such guidance
and promulgate such regulations as are necessary to carry out
this part, including guidance and regulations to ensure
that--
``(1) each State commits and expends funds from the State
loan fund in accordance with the requirements of this part
and applicable Federal and State laws; and
``(2) the States and eligible public water systems that
receive funds under this part use accounting procedures that
conform to generally accepted accounting principles, auditing
procedures that conform to chapter 75 of title 31, United
States Code (commonly known as the `Single Audit Act of
1984'), and such fiscal procedures as the Administrator may
prescribe.
``authorization of appropriations
``Sec. 1478. (a) General Authorization.--There are
authorized to be appropriated to the Environmental Protection
Agency to carry out this part $600,000,000 for fiscal year
1994 and $1,000,000,000 for each of fiscal years 1995 through
2003.
``(b) Health Effects Research.--From funds appropriated
pursuant to this section for each fiscal year, the
Administrator shall reserve $10,000,000 for health effects
research on drinking water contaminants authorized by section
1442. In allocating funds made available under this
subsection, the Administrator shall give priority to research
concerning the health effects of cryptosporidium,
disinfection byproducts, and arsenic, and the implementation
of a research plan for subpopulations at greater risk of
adverse effects pursuant to section 1442(l).
``(c) Monitoring for Unregulated Contaminants.--From funds
appropriated pursuant to this section for each fiscal year
beginning with fiscal year 1997, the Administrator shall
reserve $2,000,000 to pay the costs of monitoring for
unregulated contaminants under section 1445(a)(2)(D).
``(d) Small System Technical Assistance.--
``(1) In general.--Subject to paragraph (2), from funds
appropriated pursuant to this section for each fiscal year
for which the appropriation made pursuant to subsection (a)
exceeds $800,000,000, the Administrator shall reserve to
carry out section 1442(g) an amount that is equal to any
amount by which the amount made available to carry out
section 1442(g) is less than the amount referred to in the
third sentence of section 1442(g).
``(2) Maximum amount.--For each fiscal year, the amount
reserved under paragraph (1) shall be not greater than an
amount equal to the lesser of--
``(A) 2 percent of the funds appropriated pursuant to this
section for the fiscal year; or
``(B) $10,000,000.''.
SEC. 4. SELECTION OF CONTAMINANTS; SCHEDULE.
(a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended by striking ``(b)(1)'' and all that follows through
the end of paragraph (3) and inserting the following:
``(b) Standards.--
``(1) Identification of contaminants for listing.--
``(A) General authority.--The Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for each contaminant (other
than a contaminant referred to in paragraph (2) for which a
national primary drinking water regulation has been
promulgated as of the date of enactment of the Safe Drinking
Water Act Amendments of 1995) if the Administrator
determines, based on adequate data and appropriate peer-
reviewed scientific information and an assessment of health
risks, conducted in accordance with sound and objective
scientific practices, that--
``(i) the contaminant may have an adverse effect on the
health of persons; and
``(ii) the contaminant is known to occur or there is a
substantial likelihood that the contaminant will occur in
public water systems with a frequency and at levels of public
health concern.
``(B) Selection and listing of contaminants for
consideration.--
``(i) In general.--Not later than July 1, 1997, the
Administrator (after consultation with the Secretary of
Health and Human Services) shall publish and periodically,
but not less often than every 5 years, update a list of
contaminants that are known or anticipated to occur in
drinking water provided by public water systems and that may
warrant regulation under this title.
``(ii) Research and study plan.--At such time as a list is
published under clause (i), the Administrator shall describe
available and needed information and research with respect
to--
``(I) the health effects of the contaminants;
``(II) the occurrence of the contaminants in drinking
water; and
``(III) treatment techniques and other means that may be
feasible to control the contaminants.
``(iii) Comment.--The Administrator shall seek comment on
each list and any research plan that is published from
officials of State and local governments, operators of public
water systems, the scientific community, and the general
public.
``(C) Determination.--
``(i) In general.--Except as provided in clause (ii), not
later than July 1, 2001, and every 5 years thereafter, the
Administrator shall take one of the following actions for
not fewer than 5 contaminants:
``(I) Publish a determination that information available to
the Administrator does not warrant the issuance of a national
primary drinking water regulation.
``(II) Publish a determination that a national primary
drinking water regulation is warranted based on information
available to the Administrator, and proceed to propose a
maximum contaminant level goal and national primary drinking
water regulation not later than 2 years after the date of
publication of the determination.
``(III) Propose a maximum contaminant level goal and
national primary drinking water regulation.
``(ii) Insufficient information.--If the Administrator
determines that available information is insufficient to make
a determination for a contaminant under clause (i), the
Administrator may publish a determination to continue to
study the contaminant. Not later than 5 years after the
Administrator determines that further study is necessary for
a contaminant pursuant to this clause, the
Administrator shall make a determination under clause (i).
``(iii) Assessment.--The determinations under clause (i)
shall be based on an assessment of--
``(I) the available scientific knowledge that is consistent
with the requirements of paragraph (3)(A) and useful in
determining the nature and extent of adverse effects on the
health of persons that may occur due to the presence of the
contaminant in drinking water;
``(II) information on the occurrence of the contaminant in
drinking water; and
``(III) the treatment technologies, treatment techniques,
or other means that may be feasible in reducing the
contaminant in drinking water provided by public water
systems.
[[Page H7724]]
``(iv) Priorities.--In making determinations under this
subparagraph, the Administrator shall give priority to those
contaminants not currently regulated that are associated with
the most serious adverse health effects and that present the
greatest potential risk to the health of persons due to the
presence of the contaminant in drinking water provided by
public water systems.
``(v) Review.--Each document setting forth the
determination for a contaminant under clause (i) shall be
available for public comment at such time as the
determination is published.
``(vi) Judicial review.--Determinations made by the
Administrator pursuant to clause (i)(I) shall be considered
final agency actions for the purposes of section 1448. No
determination under clause (i)(I) shall be set aside by a
court pursuant to a review authorized under that section,
unless the court finds that the determination is arbitrary
and capricious.
``(D) Urgent threats to public health.--The Administrator
may promulgate an interim national primary drinking water
regulation for a contaminant without listing the contaminant
under subparagraph (B) or publishing a determination for the
contaminant under subparagraph (C) to address an urgent
threat to public health as determined by the Administrator
after consultation with and written response to any comments
provided by the Secretary of Health and Human Services,
acting through the director of the Centers for Disease
Control and Prevention or the director of the National
Institutes of Health. A determination for any contaminant in
accordance with subparagraph (C) subject to an interim
regulation under this subparagraph shall be issued not later
than 3 years after the date on which the regulation is
promulgated and the regulation shall be repromulgated, or
revised if appropriate, not later than 5 years after that
date.
``(E) Monitoring data and other information.--The
Administrator may require, in accordance with section
1445(a)(2), the submission of monitoring data and other
information necessary for the development of studies,
research plans, or national primary drinking water
regulations.
``(2) Schedules and deadlines.--
``(A) In general.--In the case of the contaminants listed
in the Advance Notice of Proposed Rulemaking published in
volume 47, Federal Register, page 9352, and in volume 48,
Federal Register, page 45502, the Administrator shall publish
maximum contaminant level goals and promulgate national
primary drinking water regulations--
``(i) not later than 1 year after June 19, 1986, for not
fewer than 9 of the listed contaminants;
``(ii) not later than 2 years after June 19, 1986, for not
fewer than 40 of the listed contaminants; and
``(iii) not later than 3 years after June 19, 1986, for the
remainder of the listed contaminants.
``(B) Substitution of contaminants.--If the Administrator
identifies a drinking water contaminant the regulation of
which, in the judgment of the Administrator, is more likely
to be protective of public health (taking into account the
schedule for regulation under subparagraph (A)) than a
contaminant referred to in subparagraph (A), the
Administrator may publish a maximum contaminant level goal
and promulgate a national primary drinking water regulation
for the identified contaminant in lieu of regulating the
contaminant referred to in subparagraph (A). Substitutions
may be made for not more than 7 contaminants referred to in
subparagraph (A). Regulation of a contaminant identified
under this subparagraph shall be in accordance with the
schedule applicable to the contaminant for which the
substitution is made.
``(C) Disinfectants and disinfection byproducts.--
``(i) Information collection rule.--
``(I) In general.--Not later than December 31, 1995, the
Administrator shall, after notice and opportunity for public
comment, promulgate an information collection rule to obtain
information that will facilitate further revisions to the
national primary drinking water regulation for disinfectants
and disinfection byproducts, including information on
microbial contaminants such as cryptosporidium.
``(II) Extension.--The Administrator may extend the
deadline under subclause (I) for up to 180 days if the
Administrator determines that progress toward approval of an
appropriate analytical method to screen for cryptosporidium
is sufficiently advanced and approval is likely to be
completed within the additional time period.
``(ii) Additional deadlines.--The time intervals between
promulgation of a final information collection rule, an
Interim Enhanced Surface Water Treatment Rule, a Final
Enhanced Surface Water Treatment Rule, a Stage I
Disinfectants and Disinfection Byproducts Rule, and a Stage
II Disinfectants and Disinfection Byproducts Rule shall be in
accordance with the schedule published in volume 59, Federal
Register, page 6361 (February 10, 1994), in table III.13 of
the proposed Information Collection Rule. If a delay occurs
with respect to the promulgation of any rule in the timetable
established by this subparagraph, all subsequent rules shall
be completed as expeditiously as practicable subject to
agreement by all the parties to the negotiated rulemaking,
but no later than a revised date that reflects the interval
or intervals for the rules in the timetable.
``(D) Prior requirements.--The requirements of
subparagraphs (C) and (D) of section 1412(b)(3) (as in effect
before the amendment made by section 4(a) of the Safe
Drinking Water Act Amendments of 1995), and any obligation to
promulgate regulations pursuant to such subparagraphs not
promulgated as of the date of enactment of the Safe Drinking
Water Act Amendments of 1995, are superseded by this
paragraph and paragraph (1).''.
(b) Conforming Amendments.--
(1) Section 1412(a)(3) (42 U.S.C. 300g-1(a)(3)) is amended
by striking ``paragraph (1), (2), or (3) of subsection (b)''
each place it appears and inserting ``paragraph (1) or (2) of
subsection (b)''.
(2) Section 1415(d) (42 U.S.C. 300g-4(d)) is amended by
striking ``section 1412(b)(3)'' and inserting ``section
1412(b)(7)(A)''.
SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.
Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by
section 4) is further amended by inserting after paragraph
(2) the following:
``(3) Risk assessment, management and communication.--
``(A) Use of science in decisionmaking.--In carrying out
this section, and, to the degree that an Agency action is
based on science in carrying out this title, the
Administrator shall use--
``(i) the best available, peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(ii) data collected by accepted methods or best available
methods (if the reliability of the method and the nature of
the decision justifies use of the data).
``(B) Public information.--In carrying out this section,
the Administrator shall ensure that the presentation of
information on public health effects is comprehensive,
informative and understandable. The Administrator shall, in a
document made available to the public in support of a
regulation promulgated under this section, specify, to the
extent practicable--
``(i) each population addressed by any estimate of public
health effects;
``(ii) the expected risk or central estimate of risk for
the specific populations;
``(iii) each appropriate upper-bound or lower-bound
estimate of risk;
``(iv) each uncertainty identified in the process of the
assessment of public health effects and research that would
assist in resolving the uncertainty; and
``(v) peer-reviewed studies known to the Administrator that
support, are directly relevant to, or fail to support any
estimate of public health effects and the methodology used to
reconcile inconsistencies in the scientific data.
``(C) Health risk reduction and cost analysis.--
``(i) Maximum contaminant levels.--Not later than 90 days
prior to proposing any national primary drinking water
regulation that includes a maximum contaminant level, the
Administrator shall, with respect to a maximum contaminant
level that would be considered in accordance with paragraph
(4) in a proposed regulation and each alternative maximum
contaminant level that would be considered in a proposed
regulation pursuant to paragraph (5) or (6)(A), publish, seek
public comment on, and use for the purposes of paragraphs
(4), (5), and (6) an analysis of--
``(I) the health risk reduction benefits (including non-
quantifiable health benefits identified and described by the
Administrator, except that such benefits shall not be used by
the Administrator for purposes of determining whether a
maximum contaminant level is or is not justified unless there
is a factual basis in the rulemaking record to conclude
that such benefits are likely to occur) expected as the
result of treatment to comply with each level;
``(II) the health risk reduction benefits (including non-
quantifiable health benefits identified and described by the
Administrator, except that such benefits shall not be used by
the Administrator for purposes of determining whether a
maximum contaminant level is or is not justified unless there
is a factual basis in the rulemaking record to conclude that
such benefits are likely to occur) expected from reductions
in co-occurring contaminants that may be attributed solely to
compliance with the maximum contaminant level, excluding
benefits resulting from compliance with other proposed or
promulgated regulations;
``(III) the costs (including non-quantifiable costs
identified and described by the Administrator, except that
such costs shall not be used by the Administrator for
purposes of determining whether a maximum contaminant level
is or is not justified unless there is a factual basis in the
rulemaking record to conclude that such costs are likely to
occur) expected solely as a result of compliance with the
maximum contaminant level, including monitoring, treatment,
and other costs and excluding costs resulting from compliance
with other proposed or promulgated regulations;
``(IV) the incremental costs and benefits associated with
each alternative maximum contaminant level considered;
``(V) the effects of the contaminant on the general
population and on groups within the general population such
as infants, children, pregnant women, the elderly,
individuals with a history of serious illness, or other
subpopulations that are identified as likely to be at greater
risk of adverse health effects
[[Page H7725]]
due to exposure to contaminants in drinking water than the
general population;
``(VI) any increased health risk that may occur as the
result of compliance, including risks associated with co-
occurring contaminants; and
``(VII) other relevant factors, including the quality and
extent of the information, the uncertainties in the analysis
supporting subclauses (I) through (VI), and factors with
respect to the degree and nature of the risk.
``(ii) Treatment techniques.--Not later than 90 days prior
to proposing a national primary drinking water regulation
that includes a treatment technique in accordance with
paragraph (7)(A), the Administrator shall publish and seek
public comment on an analysis of the health risk reduction
benefits and costs likely to be experienced as the result of
compliance with the treatment technique and alternative
treatment techniques that would be considered in a proposed
regulation, taking into account, as appropriate, the factors
described in clause (i).
``(iii) Approaches to measure and value benefits.--The
Administrator may identify valid approaches for the
measurement and valuation of benefits under this
subparagraph, including approaches to identify consumer
willingness to pay for reductions in health risks from
drinking water contaminants.
``(iv) Form of notice.--Whenever a national primary
drinking water regulation is expected to result in compliance
costs greater than $75,000,000 per year, the Administrator
shall provide the notice required by clause (i) or (ii)
through an advanced notice of proposed rulemaking.
``(v) Authorization.--There are authorized to be
appropriated to the Administrator, acting through the Office
of Ground Water and Drinking Water, to conduct studies,
assessments, and analyses in support of regulations or the
development of methods, $35,000,000 for each of fiscal years
1996 through 2003.''.
SEC. 6. STANDARD-SETTING; REVIEW OF STANDARDS.
(a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended--
(1) in paragraph (4)--
(A) by striking ``(4) Each'' and inserting the following:
``(4) Goals and standards.--
``(A) Maximum contaminant level goals.--Each'';
(B) in subparagraph (A) (as so designated), by inserting
after the first sentence the following: ``The maximum
contaminant level goal for contaminants that are known or
likely to cause cancer in humans may be set at a level other
than zero, if the Administrator determines, based on the best
available, peer-reviewed science, that there is a threshold
level below which there is unlikely to be any increase in
cancer risk and the Administrator sets the maximum
contaminant level goal at that level with an adequate margin
of safety.'';
(C) in the last sentence--
(i) by striking ``Each national'' and inserting the
following:
``(B) Maximum contaminant levels.-- Except as provided in
paragraphs (5) and (6), each national''; and
(ii) by striking ``maximum level'' and inserting ``maximum
contaminant level''; and
(D) by adding at the end the following:
``(C) Determination.--At the time the Administrator
proposes a national primary drinking water regulation under
this paragraph, the Administrator shall publish a
determination as to whether the benefits of the maximum
contaminant level justify, or do not justify, the costs based
on the analysis conducted under paragraph (3)(C).'';
(2) by striking ``(5) For the'' and inserting the
following:
``(D) Definition of feasible.--For the'';
(3) in the second sentence of paragraph (4)(D) (as so
designated), by striking ``paragraph (4)'' and inserting
``this paragraph'';
(4) by striking ``(6) Each national'' and inserting the
following:
``(E) Feasible technologies.--Each national'';
(5) in paragraph (4)(E) (as so designated), by striking
``this paragraph'' and inserting ``this subsection''; and
(6) by inserting after paragraph (4) (as so amended) the
following:
``(5) Additional health risk considerations.--
``(A) In general.--Notwithstanding paragraph (4), the
Administrator may establish a maximum contaminant level for a
contaminant at a level other than the feasible level, if the
technology, treatment techniques, and other means used to
determine the feasible level would result in an increase in
the health risk from drinking water by--
``(i) increasing the concentration of other contaminants in
drinking water; or
``(ii) interfering with the efficacy of drinking water
treatment techniques or processes that are used to comply
with other national primary drinking water regulations.
``(B) Establishment of level.--If the Administrator
establishes a maximum contaminant level or levels or requires
the use of treatment techniques for any contaminant or
contaminants pursuant to the authority of this paragraph--
``(i) the level or levels or treatment techniques shall
minimize the overall risk of adverse health effects by
balancing the risk from the contaminant and the risk from
other contaminants the concentrations of which may be
affected by the use of a treatment technique or process that
would be employed to attain the maximum contaminant level or
levels; and
``(ii) the combination of technology, treatment techniques,
or other means required to meet the level or levels shall not
be more stringent than is feasible (as defined in paragraph
(4)(D)).
``(6) Additional health risk reduction and cost
considerations.--
``(A) In general.--Notwithstanding paragraph (4), if the
Administrator determines based on an analysis conducted under
paragraph (3)(C) that the benefits of a maximum contaminant
level promulgated in accordance with paragraph (4) would not
justify the costs of complying with the level, the
Administrator may, after notice and opportunity for public
comment, promulgate a maximum contaminant level for the
contaminant that maximizes health risk reduction benefits at
a cost that is justified by the benefits.
``(B) Exception.--The Administrator shall not use the
authority of this paragraph to promulgate a maximum
contaminant level for a contaminant, if the benefits of
compliance with a national primary drinking water regulation
for the contaminant that would be promulgated in accordance
with paragraph (4) experienced by--
``(i) persons served by large public water systems; and
``(ii) persons served by such other systems as are
unlikely, based on information provided by the States, to
receive a variance under section 1415(e);
would justify the costs to the systems of complying with the
regulation. This subparagraph shall not apply if the
contaminant is found almost exclusively in small systems (as
defined in section 1415(e)).
``(C) Disinfectants and disinfection byproducts.--The
Administrator may not use the authority of this paragraph to
establish a maximum contaminant level in a Stage I or Stage
II national primary drinking water regulation for
contaminants that are disinfectants or disinfection
byproducts (as described in paragraph (2)), or to establish a
maximum contaminant level or treatment technique requirement
for the control of cryptosporidium. The authority of this
paragraph may be used to establish regulations for the use of
disinfection by systems relying on ground water sources as
required by paragraph (8).
``(D) Judicial Review.--A determination by the
Administrator that the benefits of a maximum contaminant
level or treatment requirement justify or do not justify the
costs of complying with the level shall be reviewed by the
court pursuant to section 1448 only as part of a review of a
final national primary drinking water regulation that has
been promulgated based on the determination and shall not be
set aside by the court under that section, unless the
court finds that the determination is arbitrary and
capricious.''.
(b) Disinfectants and Disinfection Byproducts.--The
Administrator of the Environmental Protection Agency may use
the authority of section 1412(b)(5) of the Public Health
Service Act (as amended by subsection (a)) to promulgate the
Stage I rulemaking for disinfectants and disinfection
byproducts as proposed in volume 59, Federal Register, page
38668 (July 29, 1994). Unless new information warrants a
modification of the proposal as provided for in the
``Disinfection and Disinfection Byproducts Negotiated
Rulemaking Committee Agreement'', nothing in such section
shall be construed to require the Administrator to modify the
provisions of the rulemaking as proposed.
(c) Review of Standards.--Section 1412(b) (42 U.S.C. 300g-
1(b)) is amended by striking paragraph (9) and inserting the
following:
``(9) Review and revision.--The Administrator shall, not
less often than every 6 years, review and revise, as
appropriate, each national primary drinking water regulation
promulgated under this title. Any revision of a national
primary drinking water regulation shall be promulgated in
accordance with this section, except that each revision shall
maintain or provide for greater protection of the health of
persons.''.
SEC. 7. ARSENIC.
Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by adding
at the end the following:
``(12) Arsenic.--
``(A) Schedule and standard.--Notwithstanding paragraph
(2), the Administrator shall promulgate a national primary
drinking water regulation for arsenic in accordance with the
schedule established by this paragraph and pursuant to this
subsection.
``(B) Research plan.--Not later than 180 days after the
date of enactment of this paragraph, the Administrator shall
develop a comprehensive plan for research in support of
drinking water rulemaking to reduce the uncertainty in
assessing health risks associated with exposure to low levels
of arsenic. The Administrator shall consult with the Science
Advisory Board established by section 8 of the Environmental
Research, Development, and Demonstration Act of 1978 (42
U.S.C. 4365), other Federal agencies, and interested public
and private entities.
``(C) Research projects.--The Administrator shall carry out
the research plan, taking care to avoid duplication of other
research in progress. The Administrator may enter into
cooperative research agreements with other Federal agencies,
State and local governments, and other interested public and
private entities to carry out the research plan.
``(D) Assessment.--Not later than 3\1/2\ years after the
date of enactment of this
[[Page H7726]]
paragraph, the Administrator shall review the progress of the
research to determine whether the health risks associated
with exposure to low levels of arsenic are sufficiently well
understood to proceed with a national primary drinking water
regulation. The Administrator shall consult with the Science
Advisory Board, other Federal agencies, and other interested
public and private entities as part of the review.
``(E) Proposed regulation.--The Administrator shall propose
a national primary drinking water regulation for arsenic not
later than January 1, 2000.
``(F) Final regulation.--Not later than January 1, 2001,
after notice and opportunity for public comment, the
Administrator shall promulgate a national primary drinking
water regulation for arsenic.''.
SEC. 8. RADON.
Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by
section 7) is further amended by adding at the end the
following:
``(13) Radon in drinking water.--
``(A) Regulation.--Notwithstanding paragraph (2), not later
than 180 days after the date of enactment of this paragraph,
the Administrator shall promulgate a national primary
drinking water regulation for radon.
``(B) Maximum contaminant level.--Notwithstanding any other
provision of law, the regulation shall provide for a maximum
contaminant level for radon of 3,000 picocuries per liter.
``(C) Revision.--
``(i) In general.--Subject to clause (ii), a revision to
the regulation promulgated under subparagraph (A) may be made
pursuant to this subsection. The revision may include a
maximum contaminant level less stringent than 3,000
picocuries per liter as provided in paragraphs (4) and (9) or
a maximum contaminant level more stringent than 3,000
picocuries per liter as provided in clause (ii).
``(ii) Maximum contaminant level.--
``(I) Criteria for revision.--The Administrator shall not
revise the maximum contaminant level for radon to a more
stringent level than the level established under subparagraph
(B) unless--
``(aa) the revision is made to reflect consideration of
risks from the ingestion of radon in drinking water and
episodic uses of drinking water;
``(bb) the revision is supported by peer-reviewed
scientific studies conducted in accordance with sound and
objective scientific practices; and
``(cc) based on the studies, the National Academy of
Sciences and the Science Advisory Board, established by
section 8 of the Environmental Research, Development, and
Demonstration Act of 1978 (42 U.S.C. 4365), consider a
revision of the maximum contaminant level to be appropriate.
``(II) Amount of revision.--If the Administrator determines
to revise the maximum contaminant level for radon in
accordance with subclause (I), the maximum contaminant level
shall be revised to a level that is no more stringent than is
necessary to reduce risks to human health from radon in
drinking water to a level that is equivalent to risks to
human health from radon in outdoor air based on the national
average concentration of radon in outdoor air.''.
SEC. 9. SULFATE.
Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by
section 8) is further amended by adding at the end the
following:
``(14) Sulfate.--
``(A) Additional research.--Prior to promulgating a
national primary drinking water regulation for sulfate the
Administrator and the Director of the Centers for Disease
Control shall jointly conduct additional research to
establish a reliable dose-response relationship for the
adverse health effects that may result from exposure to
sulfate in drinking water, including the health effects that
may be experienced by groups within the general population
(including infants and travelers) that are potentially at
greater risk of adverse health effects as the result of such
exposure. The research shall be conducted in consultation
with interested States, shall be based on the best available,
peer-reviewed science and supporting studies conducted in
accordance with sound and objective scientific practices and
shall be completed not later than 30 months after the date of
enactment of this paragraph.
``(B) Proposed and final rule.--Prior to promulgating a
national primary drinking water regulation for sulfate and
after consultation with interested States, the Administrator
shall publish a notice of proposed rulemaking that shall
supersede the proposal published in December, 1994. For
purposes of the proposed and final rule, the Administrator
may specify in the regulation requirements for public
notification and options for the provision of alternative
water supplies to populations at risk as a means of complying
with the regulation in lieu of a best available treatment
technology or other means. The Administrator shall, pursuant
to the authorities of this subsection and after notice and
opportunity for public comment, promulgate a final national
primary drinking water regulation for sulfate not later than
48 months after the date of enactment of this paragraph.
``(C) Effect on other laws.--
``(i) Federal laws.--Notwithstanding part C, section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321),
subtitle C or D of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.), or section 107 or 121(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607 and 9621(d)), no national primary
drinking water regulation for sulfate shall be--
``(I) used as a standard for determining compliance with
any provision of any law other than this subsection;
``(II) used as a standard for determining appropriate
cleanup levels or whether cleanup should be undertaken with
respect to any facility or site;
``(III) considered to be an applicable or relevant and
appropriate requirement for any such cleanup; or
``(IV) used for the purpose of defining injury to a natural
resource;
unless the Administrator, by rule and after notice and
opportunity for public comment, determines that the
regulation is appropriate for a use described in subclause
(I), (II), (III), or (IV).
``(ii) State laws.--This subparagraph shall not affect any
requirement of State law, including the applicability of any
State standard similar to the regulation published under this
paragraph as a standard for any cleanup action, compliance
action, or natural resource damage action taken pursuant to
such a law.''.
SEC. 10. FILTRATION AND DISINFECTION.
(a) Filtration Criteria.--Section 1412(b)(7)(C)(i) is
amended by adding at the end thereof the following: ``Not
later than 18 months after the date of enactment of the Safe
Drinking Water Act Amendments of 1995, the Administrator
shall amend the criteria issued under this clause to provide
that a State exercising primary enforcement responsibility
for public water systems may, on a case-by-case basis,
establish treatment requirements as an alternative to
filtration in the case of systems having uninhabited,
undeveloped watersheds in consolidated ownership, and having
control over access to, and activities in, those watersheds,
if the State determines (and the Administrator concurs) that
the quality of the source water and the alternative treatment
requirements established by the State ensure significantly
greater removal efficiencies of pathogenic organisms for
which national primary drinking water regulations have been
promulgated or that are of public health concern than would
be achieved by the combination of filtration and chlorine
disinfection (in compliance with this paragraph and paragraph
(8)).''.
(b) Filtration Technology for Small Systems.--Section
1412(b)(7)(C) (42 U.S.C. 300g-1(b)(7)(C)) is amended by
adding at the end the following:
``(v) Filtration technology for small systems.--At the same
time as the Administrator proposes an Interim Enhanced
Surface Water Treatment Rule pursuant to paragraph
(2)(C)(ii), the Administrator shall propose a regulation that
describes treatment techniques that meet the requirements for
filtration pursuant to this subparagraph and are feasible for
community water systems serving a population of 3,300 or
fewer and noncommunity water systems.''.
(c) Ground Water Disinfection.--The first sentence of
section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended--
(1) by striking ``Not later than 36 months after the
enactment of the Safe Drinking Water Act Amendments of 1986,
the Administrator shall propose and promulgate'' and
inserting ``At any time after the end of the 3-year period
that begins on the date of enactment of the Safe Drinking
Water Act Amendments of 1995 but not later than the date on
which the Administrator promulgates a Stage II rulemaking for
disinfectants and disinfection byproducts (as described in
paragraph (2)), the Administrator shall also promulgate'';
and
(2) by striking the period at the end and inserting the
following: ``, including surface water systems and, as
necessary, ground water systems. After consultation with the
States, the Administrator shall (as part of the regulations)
promulgate criteria that the Administrator, or a State that
has primary enforcement responsibility under section 1413,
shall apply to determine whether disinfection shall be
required as a treatment technique for any public water system
served by ground water.''.
SEC. 11. EFFECTIVE DATE FOR REGULATIONS.
Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by
striking paragraph (10) and inserting the following:
``(10) Effective date.--A national primary drinking water
regulation promulgated under this section shall take effect
on the date that is 3 years after the date on which the
regulation is promulgated unless the Administrator determines
that an earlier date is practicable, except that the
Administrator, or a State in the case of an individual
system, may allow up to 2 additional years to comply with a
maximum contaminant level or treatment technique if the
Administrator or State determines that additional time is
necessary for capital improvements.''.
SEC. 12. TECHNOLOGY AND TREATMENT TECHNIQUES; TECHNOLOGY
CENTERS.
(a) System Treatment Technologies.--Section 1412(b) (42
U.S.C. 300g-1(b)) (as amended by section 9) is further
amended by adding at the end the following:
``(15) System treatment technologies.--
``(A) Guidance or regulations.--
``(i) In general.--At the same time as the Administrator
promulgates a national primary drinking water regulation
pursuant to this section, the Administrator shall issue
guidance or regulations describing all treatment technologies
for the contaminant that
[[Page H7727]]
is the subject of the regulation that are feasible with the
use of best technology, treatment techniques, or other means
that the Administrator finds, after examination for efficacy
under field conditions and not solely under laboratory
conditions, are available taking cost into consideration for
public water systems serving--
``(I) a population of 10,000 or fewer but more than 3,300;
``(II) a population of 3,300 or fewer but more than 500;
and
``(III) a population of 500 or fewer but more than 25.
``(ii) Contents.--The guidance or regulations shall
identify the effectiveness of the technology, the cost of the
technology, and other factors related to the use of the
technology, including requirements for the quality of source
water to ensure adequate protection of human health,
considering removal efficiencies of the technology, and
installation and operation and maintenance requirements for
the technology.
``(iii) Limitation.--The Administrator shall not issue
guidance or regulations for a technology under this paragraph
unless the technology adequately protects human health,
considering the expected useful life of the technology and
the source waters available to systems for which the
technology is considered to be feasible.
``(B) Regulations and guidance.--Not later than 2 years
after the date of enactment of this paragraph and after
consultation with the States, the Administrator shall issue
guidance or regulations under subparagraph (A) for each
national primary drinking water regulation promulgated prior
to the date of enactment of this paragraph for which a
variance may be granted under section 1415(e). The
Administrator may, at any time after a national primary
drinking water regulation has been promulgated, issue
guidance or regulations describing additional or new or
innovative treatment technologies that meet the requirements
of subparagraph (A) for public water systems described in
subparagraph (A)(i) that are subject to the regulation.
``(C) No specified technology.--A description under
subparagraph (A) of the best technology or other means
available shall not be considered to require or authorize
that the specified technology or other means be used for the
purpose of meeting the requirements of any national primary
drinking water regulation.''.
(b) Technologies and Treatment Techniques for Small
Systems.--Section 1412(b)(4)(E) (as amended by section 6(a))
is further amended by adding at the end the following: ``The
Administrator shall include in the list any technology,
treatment technique, or other means that is feasible for
small public water systems serving--
``(i) a population of 10,000 or fewer but more than 3,300;
``(ii) a population of 3,300 or fewer but more than 500;
and
``(iii) a population of 500 or fewer but more than 25;
and that achieves compliance with the maximum contaminant
level or treatment technique, including packaged or modular
systems and point-of-entry or point-of-use treatment units
that are owned, controlled and maintained by the public water
system or by a person under contract with the public water
system to ensure proper operation and maintenance and
compliance with the maximum contaminant level and equipped
with mechanical warnings to ensure that customers are
automatically notified of operational problems. The
Administrator shall not include in the list any point-of-use
treatment technology, treatment technique, or other means to
achieve compliance with a maximum contaminant level or
treatment technique requirement for a microbial contaminant
(or an indicator of a microbial contaminant). If the American
National Standards Institute has issued product standards
applicable to a specific type of point-of-entry or point-of-
use treatment device, individual units of that type shall not
be accepted for compliance with a maximum contaminant level
or treatment technique requirement unless they are
independently certified in accordance with such standards.''.
(c) Availability of Information on Small System
Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by
adding at the end the following:
``(g) Availability of Information on Small System
Technologies.--For purposes of paragraphs (4)(E) and (15) of
section 1412(b), the Administrator may request information on
the characteristics of commercially available treatment
systems and technologies, including the effectiveness and
performance of the systems and technologies under various
operating conditions. The Administrator may specify the form,
content, and date by which information shall be submitted by
manufacturers, States, and other interested persons for the
purpose of considering the systems and technologies in the
development of regulations or guidance under paragraph (4)(E)
or (15) of section 1412(b).''.
(d) Small Water Systems Technology Centers.--Section 1442
(42 U.S.C. 300j-1) is amended by adding at the end the
following:
``(h) Small Public Water Systems Technology Assistance
Centers.--
``(1) Grant program.--The Administrator is authorized to
make grants to institutions of higher learning to establish
and operate not fewer than 5 small public water system
technology assistance centers in the United States.
``(2) Responsibilities of the centers.--The
responsibilities of the small public water system technology
assistance centers established under this subsection shall
include the conduct of research, training, and technical
assistance relating to the information, performance, and
technical needs of small public water systems or public water
systems that serve Indian Tribes.
``(3) Applications.--Any institution of higher learning
interested in receiving a grant under this subsection shall
submit to the Administrator an application in such form and
containing such information as the Administrator may require
by regulation.
``(4) Selection criteria.--The Administrator shall select
recipients of grants under this subsection on the basis of
the following criteria:
``(A) The small public water system technology assistance
center shall be located in a State that is representative of
the needs of the region in which the State is located for
addressing the drinking water needs of rural small
communities or Indian Tribes.
``(B) The grant recipient shall be located in a region that
has experienced problems with rural water supplies.
``(C) There is available to the grant recipient for
carrying out this subsection demonstrated expertise in water
resources research, technical assistance, and training.
``(D) The grant recipient shall have the capability to
provide leadership in making national and regional
contributions to the solution of both long-range and
intermediate-range rural water system technology management
problems.
``(E) The grant recipient shall have a demonstrated
interdisciplinary capability with expertise in small public
water system technology management and research.
``(F) The grant recipient shall have a demonstrated
capability to disseminate the results of small public water
system technology research and training programs through an
interdisciplinary continuing education program.
``(G) The projects that the grant recipient proposes to
carry out under the grant are necessary and appropriate.
``(H) The grant recipient has regional support beyond the
host institution.
``(I) The grant recipient shall include the participation
of water resources research institutes established under
section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303).
``(5) Alaska.--For purposes of this subsection, the State
of Alaska shall be considered to be a region.
``(6) Consortia of states.--At least 2 of the grants under
this subsection shall be made to consortia of States with low
population densities. In this paragraph, the term `consortium
of States with low population densities' means a consortium
of States, each State of which has an average population
density of less than 12.3 persons per square mile, based on
data for 1993 from the Bureau of the Census.
``(7) Additional considerations.--At least one center
established under this subsection shall focus primarily on
the development and evaluation of new technologies and new
combinations of existing technologies that are likely to
provide more reliable or lower cost options for providing
safe drinking water. This center shall be located in a
geographic region of the country with a high density of small
systems, at a university with an established record of
developing and piloting small treatment technologies in
cooperation with industry, States, communities, and water
system associations.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to make grants under this
subsection $10,000,000 for each of fiscal years 1995 through
2003.''.
SEC. 13. VARIANCES AND EXEMPTIONS.
(a) Technology and Treatment Techniques for Systems Issued
Variances.--The second sentence of section 1415(a)(1)(A) (42
U.S.C. 300g-4(a)(1)(A)) is amended--
(1) by striking ``only be issued to a system after the
system's application of'' and inserting ``be issued to a
system on condition that the system install''; and
(2) by inserting before the period at the end the
following: ``, and based upon an evaluation satisfactory to
the State that indicates that alternative sources of water
are not reasonably available to the system''.
(b) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is
amended--
(1) in subsection (a)(1)--
(A) by inserting after ``(which may include economic
factors'' the following: ``, including qualification of the
public water system as a system serving a disadvantaged
community pursuant to section 1473(e)(1)''; and
(B) by inserting after ``treatment technique requirement,''
the following: ``or to implement measures to develop an
alternative source of water supply,'';
(2) in subsection (b)(1)(A)--
(A) by striking ``(including increments of progress)'' and
inserting ``(including increments of progress or measures to
develop an alternative source of water supply)''; and
(B) by striking ``requirement and treatment'' and inserting
``requirement or treatment''; and
(3) in subsection (b)(2)--
(A) by striking ``(except as provided in subparagraph
(B))'' in subparagraph (A) and all that follows through ``3
years after the date of the issuance of the exemption if'' in
subparagraph (B) and inserting the following: ``not later
than 3 years after the otherwise applicable compliance date
established in section 1412(b)(10).
[[Page H7728]]
``(B) No exemption shall be granted unless'';
(B) in subparagraph (B)(i), by striking ``within the period
of such exemption'' and inserting ``prior to the date
established pursuant to section 1412(b)(10)'';
(C) in subparagraph (B)(ii), by inserting after ``such
financial assistance'' the following: ``or assistance
pursuant to part G, or any other Federal or State program is
reasonably likely to be available within the period of the
exemption'';
(D) in subparagraph (C)--
(i) by striking ``500 service connections'' and inserting
``a population of 3,300''; and
(ii) by inserting ``, but not to exceed a total of 6
years,'' after ``for one or more additional 2-year periods'';
and
(E) by adding at the end the following:
``(D) Limitation.--A public water system may not receive an
exemption under this section if the system was granted a
variance under section 1415(e).''.
SEC. 14. SMALL SYSTEMS; TECHNICAL ASSISTANCE.
(a) Small System Variances.--Section 1415 (42 U.S.C. 300g-
4) is amended by adding at the end the following:
``(e) Small System Variances.--
``(1) In general.--The Administrator (or a State with
primary enforcement responsibility for public water systems
under section 1413) may grant to a public water system
serving a population of 10,000 or fewer (referred to in this
subsection as a `small system') a variance under this
subsection for compliance with a requirement specifying a
maximum contaminant level or treatment technique contained in
a national primary drinking water regulation, if the variance
meets each requirement of this subsection.
``(2) Availability of variances.--A small system may
receive a variance under this subsection if the system
installs, operates, and maintains, in accordance with
guidance or regulations issued by the Administrator,
treatment technology that is feasible for small systems as
determined by the Administrator pursuant to section
1412(b)(15).
``(3) Conditions for granting variances.--A variance under
this subsection shall be available only to a system--
``(A) that cannot afford to comply, in accordance with
affordability criteria established by the Administrator (or
the State in the case of a State that has primary enforcement
responsibility under section 1413), with a national primary
drinking water regulation, including compliance through--
``(i) treatment;
``(ii) alternative source of water supply; or
``(iii) restructuring or consolidation (unless the
Administrator (or the State in the case of a State that has
primary enforcement responsibility under section 1413) makes
a written determination that restructuring or consolidation
is not feasible or appropriate based on other specified
public policy considerations); and
``(B) for which the Administrator (or the State in the case
of a State that has primary enforcement responsibility under
section 1413) determines that the terms of the variance
ensure adequate protection of human health, considering
the quality of the source water for the system and the
removal efficiencies and expected useful life of the
treatment technology required by the variance.
``(4) Applications.--An application for a variance for a
national primary drinking water regulation under this
subsection shall be submitted to the Administrator (or the
State in the case of a State that has primary enforcement
responsibility under section 1413) not later than the date
that is the later of--
``(A) 3 years after the date of enactment of this
subsection; or
``(B) 1 year after the compliance date of the national
primary drinking water regulation as established under
section 1412(b)(10) for which a variance is requested.
``(5) Variance review and decision.--
``(A) Timetable.--The Administrator (or the State in the
case of a State that has primary enforcement responsibility
under section 1413) shall grant or deny a variance not later
than 1 year after the date of receipt of the application.
``(B) Penalty moratorium.--Each public water system that
submits a timely application for a variance under this
subsection shall not be subject to a penalty in an
enforcement action under section 1414 for a violation of a
maximum contaminant level or treatment technique in the
national primary drinking water regulation with respect to
which the variance application was submitted prior to the
date of a decision to grant or deny the variance.
``(6) Compliance schedules.--
``(A) Variances.--A variance granted under this subsection
shall require compliance with the conditions of the variance
not later than 3 years after the date on which the variance
is granted, except that the Administrator (or the State in
the case of a State that has primary enforcement
responsibility under section 1413) may allow up to 2
additional years to comply with a treatment technique, secure
an alternative source of water, or restructure if the
Administrator (or the State) determines that additional time
is necessary for capital improvements, or to allow for
financial assistance provided pursuant to part G or any other
Federal or State program.
``(B) Denied applications.--If the Administrator (or the
State in the case of a State that has primary enforcement
responsibility under section 1413) denies a variance
application under this subsection, the public water system
shall come into compliance with the requirements of the
national primary drinking water regulation for which the
variance was requested not later than 4 years after the date
on which the national primary drinking water regulation was
promulgated.
``(7) Duration of variances.--
``(A) In general.--The Administrator (or the State in the
case of a State that has primary enforcement responsibility
under section 1413) shall review each variance granted under
this subsection not less often than every 5 years after the
compliance date established in the variance to determine
whether the system remains eligible for the variance and is
conforming to each condition of the variance.
``(B) Revocation of variances.--The Administrator (or the
State in the case of a State that has primary enforcement
responsibility under section 1413) shall revoke a variance in
effect under this subsection if the Administrator (or the
State) determines that--
``(i) the system is no longer eligible for a variance;
``(ii) the system has failed to comply with any term or
condition of the variance, other than a reporting or
monitoring requirement, unless the failure is caused by
circumstances outside the control of the system; or
``(iii) the terms of the variance do not ensure adequate
protection of human health, considering the quality of source
water available to the system and the removal efficiencies
and expected useful life of the treatment technology required
by the variance.
``(8) Ineligibility for variances.--A variance shall not be
available under this subsection for--
``(A) any maximum contaminant level or treatment technique
for a contaminant with respect to which a national primary
drinking water regulation was promulgated prior to January 1,
1986; or
``(B) a national primary drinking water regulation for a
microbial contaminant (including a bacterium, virus, or other
organism) or an indicator or treatment technique for a
microbial contaminant.
``(9) Regulations and guidance.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection and in consultation with the
States, the Administrator shall promulgate regulations for
variances to be granted under this subsection. The
regulations shall, at a minimum, specify--
``(i) procedures to be used by the Administrator or a State
to grant or deny variances, including requirements for
notifying the Administrator and consumers of the public water
system applying for a variance and requirements for a public
hearing on the variance before the variance is granted;
``(ii) requirements for the installation and proper
operation of treatment technology that is feasible (pursuant
to section 1412(b)(15)) for small systems and the financial
and technical capability to operate the treatment system,
including operator training and certification;
``(iii) eligibility criteria for a variance for each
national primary drinking water regulation, including
requirements for the quality of the source water (pursuant to
section 1412(b)(15)(A)); and
``(iv) information requirements for variance applications.
``(B) Affordability criteria.--Not later than 18 months
after the date of enactment of the Safe Drinking Water Act
Amendments of 1995, the Administrator, in consultation with
the States and the Rural Utilities Service of the Department
of Agriculture, shall publish information to assist the
States in developing affordability criteria. The
affordability criteria shall be reviewed by the States not
less often than every 5 years to determine if changes are
needed to the criteria.
``(10) Review by the administrator.--
``(A) In general.--The Administrator shall periodically
review the program of each State that has primary enforcement
responsibility for public water systems under section 1413
with respect to variances to determine whether the variances
granted by the State comply with the requirements of this
subsection. With respect to affordability, the determination
of the Administrator shall be limited to whether the
variances granted by the State comply with the affordability
criteria developed by the State.
``(B) Notice and publication.--If the Administrator
determines that variances granted by a State are not in
compliance with affordability criteria developed by the State
and the requirements of this subsection, the Administrator
shall notify the State in writing of the deficiencies and
make public the determination.
``(C) Objections to variances.--
``(i) By the administrator.--The Administrator may review
and object to any variance proposed to be granted by a State,
if the objection is communicated to the State not later than
90 days after the State proposes to grant the variance. If
the Administrator objects to the granting of a variance, the
Administrator shall notify the State in writing of each basis
for the objection and propose a modification to the variance
to resolve the concerns of the Administrator. The State shall
make the recommended modification or respond in writing to
each objection. If the State issues the variance without
resolving the concerns of the Administrator, the
Administrator may overturn the State
[[Page H7729]]
decision to grant the variance if the Administrator
determines that the State decision does not comply with this
subsection.
``(ii) Petition by consumers.--Not later than 30 days after
a State with primary enforcement responsibility for public
water systems under section 1413 proposes to grant a variance
for a public water system, any person served by the system
may petition the Administrator to object to the granting of a
variance. The Administrator shall respond to the petition not
later than 60 days after the receipt of the petition. The
State shall not grant the variance during the 60-day period.
The petition shall be based on comments made by the
petitioner during public review of the variance by the
State.''.
(b) Technical Assistance.--Section 1442(g) (42 U.S.C. 300j-
1(g)) is amended--
(1) in the second sentence, by inserting ``and multi-State
regional technical assistance'' after `` `circuit-rider' '';
and
(2) by striking the third sentence and inserting the
following: ``The Administrator shall ensure that funds made
available for technical assistance pursuant to this
subsection are allocated among the States equally. Each
nonprofit organization receiving assistance under this
subsection shall consult with the State in which the
assistance is to be expended or otherwise made available
before using the assistance to undertake activities to
carry out this subsection. There are authorized to be
appropriated to carry out this subsection $15,000,000 for
each of fiscal years 1992 through 2003.''.
SEC. 15. CAPACITY DEVELOPMENT; FINANCE CENTERS.
Part B (42 U.S.C. 300g et seq.) is amended by adding at the
end the following:
``CAPACITY DEVELOPMENT
``Sec. 1418. (a) State Authority for New Systems.--Each
State shall obtain the legal authority or other means to
ensure that all new community water systems and new
nontransient, noncommunity water systems commencing operation
after October 1, 1998, demonstrate technical, managerial, and
financial capacity with respect to each national primary
drinking water regulation in effect, or likely to be in
effect, on the date of commencement of operations.
``(b) Systems in Significant Noncompliance.--
``(1) List.--Beginning not later than 1 year after the date
of enactment of this section, each State shall prepare,
periodically update, and submit to the Administrator a list
of community water systems and nontransient, noncommunity
water systems that have a history of significant
noncompliance with this title (as defined in guidelines
issued prior to the date of enactment of this section or any
revisions of the guidelines that have been made in
consultation with the States) and, to the extent practicable,
the reasons for noncompliance.
``(2) Report.--Not later than 5 years after the date of
enactment of this section and as part of the capacity
development strategy of the State, each State shall report to
the Administrator on the success of enforcement mechanisms
and initial capacity development efforts in assisting the
public water systems listed under paragraph (1) to improve
technical, managerial, and financial capacity.
``(c) Capacity Development Strategy.--
``(1) In general.--Not later than 4 years after the date of
enactment of this section, each State shall develop and
implement a strategy to assist public water systems in
acquiring and maintaining technical, managerial, and
financial capacity.
``(2) Content.--In preparing the capacity development
strategy, the State shall consider, solicit public comment
on, and include as appropriate--
``(A) the methods or criteria that the State will use to
identify and prioritize the public water systems most in need
of improving technical, managerial, and financial capacity;
``(B) a description of the institutional, regulatory,
financial, tax, or legal factors at the Federal, State, or
local level that encourage or impair capacity development;
``(C) a description of how the State will use the
authorities and resources of this title or other means to--
``(i) assist public water systems in complying with
national primary drinking water regulations;
``(ii) encourage the development of partnerships between
public water systems to enhance the technical, managerial,
and financial capacity of the systems; and
``(iii) assist public water systems in the training and
certification of operators;
``(D) a description of how the State will establish a
baseline and measure improvements in capacity with respect to
national primary drinking water regulations and State
drinking water law; and
``(E) an identification of the persons that have an
interest in and are involved in the development and
implementation of the capacity development strategy
(including all appropriate agencies of Federal, State, and
local governments, private and nonprofit public water
systems, and public water system customers).
``(3) Report.--Not later than 2 years after the date on
which a State first adopts a capacity development strategy
under this subsection, and every 3 years thereafter, the head
of the State agency that has primary responsibility to carry
out this title in the State shall submit to the Governor a
report that shall also be available to the public on the
efficacy of the strategy and progress made toward improving
the technical, managerial, and financial capacity of public
water systems in the State.
``(d) Federal Assistance.--
``(1) In general.--The Administrator shall support the
States in developing capacity development strategies.
``(2) Informational assistance.--
``(A) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall--
``(i) conduct a review of State capacity development
efforts in existence on the date of enactment of this section
and publish information to assist States and public water
systems in capacity development efforts; and
``(ii) initiate a partnership with States, public water
systems, and the public to develop information for States on
recommended operator certification requirements.
``(B) Publication of information.--The Administrator shall
publish the information developed through the partnership
under subparagraph (A)(ii) not later than 18 months after the
date of enactment of this section.
``(3) Variances and exemptions.--Based on information
obtained under subsection (c)(2)(B), the Administrator shall,
as appropriate, modify regulations concerning variances and
exemptions for small public water systems to ensure
flexibility in the use of the variances and exemptions.
Nothing in this paragraph shall be interpreted, construed, or
applied to affect or alter the requirements of section 1415
or 1416.
``(4) Promulgation of drinking water regulations.--In
promulgating a national primary drinking water regulation,
the Administrator shall include an analysis of the likely
effect of compliance with the regulation on the technical,
financial, and managerial capacity of public water systems.
``(5) Guidance for new systems.--Not later than 2 years
after the date of enactment of this section, the
Administrator shall publish guidance developed in
consultation with the States describing legal authorities and
other means to ensure that all new community water systems
and new nontransient, noncommunity water systems demonstrate
technical, managerial, and financial capacity with respect to
national primary drinking water regulations.
``(e) Environmental Finance Centers.--
``(1) In general.--The Administrator shall support the
network of university-based Environmental Finance Centers in
providing training and technical assistance to State and
local officials in developing capacity of public water
systems.
``(2) National capacity development clearinghouse.--Within
the Environmental Finance Center network in existence on the
date of enactment of this section, the Administrator shall
establish a national public water systems capacity
development clearinghouse to receive, coordinate, and
disseminate research and reports on projects funded under
this title and from other sources with respect to developing,
improving, and maintaining technical, financial, and
managerial capacity at public water systems to Federal and
State agencies, universities, water suppliers, and other
interested persons.
``(3) Capacity development techniques.--
``(A) In general.--The Environmental Finance Centers shall
develop and test managerial, financial, and institutional
techniques--
``(i) to ensure that new public water systems have the
technical, managerial, and financial capacity before
commencing operation;
``(ii) to identify public water systems in need of capacity
development; and
``(iii) to bring public water systems with a history of
significant noncompliance with national primary drinking
water regulations into compliance.
``(B) Techniques.--The techniques may include capacity
assessment methodologies, manual and computer-based public
water system rate models and capital planning models, public
water system consolidation procedures, and regionalization
models.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out subsection (e)
$2,500,000 for each of fiscal years 1995 through 2003.''.
SEC. 16. OPERATOR AND LABORATORY CERTIFICATION.
Section 1442 (42 U.S.C. 300j-1) is amended by inserting
after subsection (d) the following:
``(e) Certification of Operators and Laboratories.--
``(1) Requirement.--Beginning 3 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1995--
``(A) no assistance may be provided to a public water
system under part G unless the system has entered into an
enforceable commitment with the State providing that any
person who operates the system will be trained and certified
according to requirements established by the Administrator or
the State (in the case of a State with primary enforcement
responsibility under section 1413) not later than the date of
completion of the capital project for which the assistance is
provided; and
``(B) a public water system that has received assistance
under part G may be operated only by a person who has been
trained and certified according to requirements established
by the Administrator or the State (in the case of a State
with primary enforcement responsibility under section 1413).
[[Page H7730]]
``(2) Guidelines.--Not later than 18 months after the date
of enactment of the Safe Drinking Water Act Amendments of
1995 and after consultation with the States, the
Administrator shall publish information to assist States in
carrying out paragraph (1). In the case of a State with
primary enforcement responsibility under section 1413 or any
other State that has established a training program that is
consistent with the guidance issued under this paragraph, the
authority to prescribe the appropriate level of training for
certification for all systems shall be solely the
responsibility of the State. The guidance issued under this
paragraph shall also include information to assist States in
certifying laboratories engaged in testing for the purpose of
compliance with sections 1445 and 1401(1).
``(3) Noncompliance.--If a public water system in a State
is not operated in accordance with paragraph (1), the
Administrator is authorized to withhold from funds that would
otherwise be allocated to the State under section 1472 or
require the repayment of an amount equal to the amount of any
assistance under part G provided to the public water
system.''.
SEC. 17. SOURCE WATER QUALITY PROTECTION PARTNERSHIPS.
Part B (42 U.S.C. 300g et seq.) (as amended by section 15)
is further amended by adding at the end the following:
``source water quality protection partnership program
``Sec. 1419. (a) Source Water Area Delineations.--Except as
provided in subsection (c), not later than 5 years after the
date of enactment of this section, and after an opportunity
for public comment, each State shall--
``(1) delineate (directly or through delegation) the source
water protection areas for community water systems in the
State using hydrogeologic information considered to be
reasonably available and appropriate by the State; and
``(2) conduct, to the extent practicable, vulnerability
assessments in source water areas determined to be a priority
by the State, including, to the extent practicable,
identification of risks in source water protection areas to
drinking water.
``(b) Alternative Delineations and Vulnerability
Assessments.--For the purposes of satisfying the requirements
of subsection (a), a State may use delineations and
vulnerability assessments conducted for--
``(1) ground water sources under a State wellhead
protection program developed pursuant to section 1428;
``(2) surface or ground water sources under a State
pesticide management plan developed pursuant to the Pesticide
and Ground Water State Management Plan Regulation (subparts I
and J of part 152 of title 40, Code of Federal Regulations),
promulgated under section 3(d) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(d)); or
``(3) surface water sources under a State watershed
initiative or to satisfy the watershed criterion for
determining if filtration is required under the Surface Water
Treatment Rule (section 141.70 of title 40, Code of Federal
Regulations).
``(c) Funding.--To carry out the delineations and
assessments described in subsection (a), a State may use
funds made available for that purpose pursuant to section
1473(f). If funds available under that section are
insufficient to meet the minimum requirements of subsection
(a), the State shall establish a priority-based schedule for
the delineations and assessments within available resources.
``(d) Petition Program.--
``(1) In general.--
``(A) Establishment.--A State may establish a program under
which an owner or operator of a community water system in the
State, or a municipal or local government or political
subdivision of a government in the State, may submit a source
water quality protection partnership petition to the State
requesting that the State assist in the local development of
a voluntary, incentive-based partnership, among the owner,
operator, or government and other persons likely to be
affected by the recommendations of the partnership, to--
``(i) reduce the presence in drinking water of contaminants
that may be addressed by a petition by considering the
origins of the contaminants, including to the maximum extent
practicable the specific activities that affect the drinking
water supply of a community;
``(ii) obtain financial or technical assistance necessary
to facilitate establishment of a partnership, or to develop
and implement recommendations of a partnership for the
protection of source water to assist in the provision of
drinking water that complies with national primary drinking
water regulations with respect to contaminants addressed by a
petition; and
``(iii) develop recommendations regarding voluntary and
incentive-based strategies for the long-term protection of
the source water of community water systems.
``(B) State determination.--Not later than 1 year after the
date of enactment of this section, each State shall provide
public notice and solicit public comment on the question of
whether to develop a source water quality protection
partnership petition program in the State, and publicly
announce the determination of the State thereafter. If so
requested by any public water system or local governmental
entity, prior to making the determination, the State shall
hold at least one public hearing to assess the level of
interest in the State for development and implementation of a
State source water quality partnership petition program.
``(C) Funding.--Each State may--
``(i) use funds set aside pursuant to section 1473(f) by
the State to carry out a program described in subparagraph
(A), including assistance to voluntary local partnerships for
the development and implementation of partnership
recommendations for the protection of source water such as
source water quality assessment, contingency plans, and
demonstration projects for partners within a source water
area delineated under subsection (a); and
``(ii) provide assistance in response to a petition
submitted under this subsection using funds referred to in
subsections (e)(2)(B) and (g).
``(2) Objectives.--The objectives of a petition submitted
under this subsection shall be to--
``(A) facilitate the local development of voluntary,
incentive-based partnerships among owners and operators of
community water systems, governments, and other persons in
source water areas; and
``(B) obtain assistance from the State in directing or
redirecting resources under Federal or State water quality
programs to implement the recommendations of the partnerships
to address the origins of drinking water contaminants that
may be addressed by a petition (including to the maximum
extent practicable the specific activities) that affect the
drinking water supply of a community.
``(3) Contaminants addressed by a petition.--A petition
submitted to a State under this section may address only
those contaminants--
``(A) that are pathogenic organisms for which a national
primary drinking water regulation has been established or is
required under section 1412(b)(2)(C); or
``(B) for which a national primary drinking water
regulation has been promulgated or proposed and--
``(i) that are detected in the community water system for
which the petition is submitted at levels above the maximum
contaminant level; or
``(ii) that are detected by adequate monitoring methods at
levels that are not reliably and consistently below the
maximum contaminant level.
``(4) Contents.--A petition submitted under this subsection
shall, at a minimum--
``(A) include a delineation of the source water area in the
State that is the subject of the petition;
``(B) identify, to the maximum extent practicable, the
origins of the drinking water contaminants that may be
addressed by a petition (including to the maximum extent
practicable the specific activities contributing to the
presence of the contaminants) in the source water area
delineated under subparagraph (A);
``(C) identify any deficiencies in information that will
impair the development of recommendations by the voluntary
local partnership to address drinking water contaminants that
may be addressed by a petition;
``(D) specify the efforts made to establish the voluntary
local partnership and obtain the participation of--
``(i) the municipal or local government or other political
subdivision of the State with jurisdiction over the source
water area delineated under subparagraph (A); and
``(ii) each person in the source water area delineated
under subparagraph (A)--
``(I) who is likely to be affected by recommendations of
the voluntary local partnership; and
``(II) whose participation is essential to the success of
the partnership;
``(E) outline how the voluntary local partnership has or
will, during development and implementation of
recommendations of the voluntary local partnership, identify,
recognize and take into account any voluntary or other
activities already being undertaken by persons in the source
water area delineated under subparagraph (A) under Federal or
State law to reduce the likelihood that contaminants will
occur in drinking water at levels of public health concern;
and
``(F) specify the technical, financial, or other assistance
that the voluntary local partnership requests of the State to
develop the partnership or to implement recommendations of
the partnership.
``(e) Approval or Disapproval of Petitions.--
``(1) In general.--After providing notice and an
opportunity for public comment on a petition submitted under
subsection (d), the State shall approve or disapprove the
petition, in whole or in part, not later than 120 days after
the date of submission of the petition.
``(2) Approval.--The State may approve a petition if the
petition meets the requirements established under subsection
(d). The notice of approval shall, at a minimum, include--
``(A) an identification of technical, financial, or other
assistance that the State will provide to assist in
addressing the drinking water contaminants that may be
addressed by a petition based on--
``(i) the relative priority of the public health concern
identified in the petition with respect to the other water
quality needs identified by the State;
[[Page H7731]]
``(ii) any necessary coordination that the State will
perform of the program established under this section with
programs implemented or planned by other States under this
section; and
``(iii) funds available (including funds available from a
State revolving loan fund established under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.)
or part G and the appropriate distribution of the funds to
assist in implementing the recommendations of the
partnership;
``(B) a description of technical or financial assistance
pursuant to Federal and State programs that is available to
assist in implementing recommendations of the partnership in
the petition, including--
``(i) any program established under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
``(ii) the program established under section 6217 of the
Coastal Zone Act Reauthorization Amendments of 1990 (16
U.S.C. 1455b);
``(iii) the agricultural water quality protection program
established under chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
``(iv) the sole source aquifer protection program
established under section 1427;
``(v) the community wellhead protection program established
under section 1428;
``(vi) any pesticide or ground water management plan;
``(vii) any voluntary agricultural resource management plan
or voluntary whole farm or whole ranch management plan
developed and implemented under a process established by the
Secretary of Agriculture; and
``(viii) any abandoned well closure program; and
``(C) a description of activities that will be undertaken
to coordinate Federal and State programs to respond to the
petition.
``(3) Disapproval.--If the State disapproves a petition
submitted under subsection (d), the State shall notify the
entity submitting the petition in writing of the reasons for
disapproval. A petition may be resubmitted at any time if--
``(A) new information becomes available;
``(B) conditions affecting the source water that is the
subject of the petition change; or
``(C) modifications are made in the type of assistance
being requested.
``(f) Eligibility for Water Quality Protection
Assistance.--A sole source aquifer plan developed under
section 1427, a wellhead protection plan developed under
section 1428, and a source water quality protection measure
assisted in response to a petition submitted under subsection
(d) shall be eligible for assistance under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), including
assistance provided under section 319 and title VI of such
Act (33 U.S.C. 1329 and 1381 et seq.), if the project,
measure, or practice would be eligible for assistance under
such Act. In the case of funds made available under such
section 319 to assist a source water quality protection
measure in response to a petition submitted under subsection
(d), the funds may be used only for a measure that addresses
nonpoint source pollution.
``(g) Grants To Support State Programs.--
``(1) In general.--The Administrator may make a grant to
each State that establishes a program under this section that
is approved under paragraph (2). The amount of each grant
shall not exceed 50 percent of the cost of administering the
program for the year in which the grant is available.
``(2) Approval.--In order to receive grant assistance under
this subsection, a State shall submit to the Administrator
for approval a plan for a source water quality protection
partnership program that is consistent with the guidance
published under paragraph (3). The Administrator shall
approve the plan if the plan is consistent with the guidance
published under paragraph (3).
``(3) Guidance.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator, in consultation
with the States, shall publish guidance to assist--
``(i) States in the development of a source water quality
protection partnership program; and
``(ii) municipal or local governments or political
subdivisions of the governments and community water systems
in the development of source water quality protection
partnerships and in the assessment of source water quality.
``(B) Contents of the guidance.--The guidance shall, at a
minimum--
``(i) recommend procedures for the approval or disapproval
by a State of a petition submitted under subsection (d);
``(ii) recommend procedures for the submission of petitions
developed under subsection (d);
``(iii) recommend criteria for the assessment of source
water areas within a State;
``(iv) describe technical or financial assistance pursuant
to Federal and State programs that is available to address
the contamination of sources of drinking water and to develop
and respond to petitions submitted under subsection (d); and
``(v) specify actions taken by the Administrator to ensure
the coordination of the programs referred to in clause (iv)
with the goals and objectives of this title to the maximum
extent practicable.
``(4) Authorization of appropriations.-- There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for fiscal years 1995 through
2003. Each State with a plan for a program approved under
paragraph (2) shall receive an equitable portion of the funds
available for any fiscal year.
``(h) Statutory Construction.--Nothing in this section--
``(1)(A) creates or conveys new authority to a State,
political subdivision of a State, or community water system
for any new regulatory measure; or
``(B) limits any authority of a State, political
subdivision, or community water system; or
``(2) precludes a community water system, municipal or
local government, or political subdivision of a government
from locally developing and carrying out a voluntary,
incentive-based, source water quality protection partnership
to address the origins of drinking water contaminants of
public health concern.''.
SEC. 18. STATE PRIMACY; STATE FUNDING.
(a) State Primary Enforcement Responsibility.--Section 1413
(42 U.S.C. 300g-2) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) has adopted drinking water regulations that are no
less stringent than the national primary drinking water
regulations promulgated by the Administrator under section
1412 not later than 2 years after the date on which the
regulations are promulgated by the Administrator except that
the Administrator may provide for an extension of not more
than 2 years if, after submission and review of appropriate,
adequate documentation from the State, the Administrator
determines that the extension is necessary and justified;'';
and
(2) by adding at the end the following:
``(c) Interim Primary Enforcement Authority.--A State that
has primary enforcement authority under this section with
respect to each existing national primary drinking water
regulation shall be considered to have primary enforcement
authority with respect to each new or revised national
primary drinking water regulation during the period beginning
on the effective date of a regulation adopted and submitted
by the State with respect to the new or revised national
primary drinking water regulation in accordance with
subsection (b)(1) and ending at such time as the
Administrator makes a determination under subsection (b)(2)
with respect to the regulation.''.
(b) Public Water System Supervision Program.--Section
1443(a) (42 U.S.C. 300j-2(a)) is amended--
(1) in paragraph (3)--
(A) by striking ``(3) A grant'' and inserting the
following:
``(3) Amount of grant.--
``(A) In general.--A grant''; and
(B) by adding at the end the following:
``(B) Determination of costs.--To determine the costs of a
grant recipient pursuant to this paragraph, the Administrator
shall, in cooperation with the States and not later than 180
days after the date of enactment of this subparagraph,
establish a resource model for the public water system
supervision program and review and revise the model as
necessary.
``(C) State cost adjustments.--The Administrator shall
revise cost estimates used in the resource model for any
particular State to reflect costs more likely to be
experienced in that State, if--
``(i) the State requests the modification; and
``(ii) the revised estimates ensure full and effective
administration of the public water system supervision program
in the State and the revised estimates do not overstate the
resources needed to administer the program.'';
(2) in paragraph (7), by adding at the end a period and the
following:
``For the purpose of making grants under paragraph (1), there
are authorized to be appropriated such sums as are necessary
for each of fiscal years 1992 and 1993 and $100,000,000 for
each of fiscal years 1994 through 2003.''; and
(3) by adding at the end the following:
``(8) Reservation of funds by the administrator.--If the
Administrator assumes the primary enforcement responsibility
of a State public water system supervision program, the
Administrator may reserve from funds made available pursuant
to this subsection, an amount equal to the amount that would
otherwise have been provided to the State pursuant to this
subsection. The Administrator shall use the funds reserved
pursuant to this paragraph to ensure the full and effective
administration of a public water system supervision program
in the State.
``(9) State loan funds.--
``(A) Reservation of funds.--For any fiscal year for which
the amount made available to the Administrator by
appropriations to carry out this subsection is less than the
amount that the Administrator determines is necessary to
supplement funds made available pursuant to paragraph (8) to
ensure the full and effective administration of a public
water system supervision program in a State (based on the
resource model developed under paragraph (3)(B)), the
Administrator may reserve from the funds made available to
the State under section 1472 an amount that is equal to the
amount of the shortfall.
``(B) Duty of administrator.--If the Administrator reserves
funds from the allocation of a State under subparagraph (A),
the Administrator shall carry out in the State--
[[Page H7732]]
``(i) each of the activities that would be required of the
State if the State had primary enforcement authority under
section 1413; and
``(ii) each of the activities required of the State by this
title, other than part C, but not made a condition of the
authority.''.
SEC. 19. MONITORING AND INFORMATION GATHERING.
(a) Regulated Contaminants.--
(1) Review of existing requirements.--Section 1445(a)(1)
(42 U.S.C. 300j-4(a)(1)) is amended--
(A) by designating the first and second sentences as
subparagraphs (A) and (B), respectively; and
(B) by adding at the end the following:
``(C) Review.--The Administrator shall not later than 2
years after the date of enactment of this subparagraph, after
consultation with public health experts, representatives of
the general public, and officials of State and local
governments, review the monitoring requirements for not fewer
than 12 contaminants identified by the Administrator, and
promulgate any necessary modifications.''.
(2) Alternative monitoring programs.--Section 1445(a)(1)
(42 U.S.C. 300j-4(a)(1)) (as amended by paragraph (1)(B)) is
further amended by adding at the end the following:
``(D) State-established requirements.--
``(i) In general.--Each State with primary enforcement
responsibility under section 1413 may, by rule, establish
alternative monitoring requirements for any national primary
drinking water regulation, other than a regulation applicable
to a microbial contaminant (or an indicator of a microbial
contaminant). The alternative monitoring requirements
established by a State under this clause may not take effect
for any national primary drinking water regulation until
after completion of at least 1 full cycle of monitoring in
the State satisfying the requirements of paragraphs (1) and
(2) of section 1413(a). The alternative monitoring
requirements may be applicable to public water systems or
classes of public water systems identified by the State, in
lieu of the monitoring requirements that would otherwise be
applicable under the regulation, if the alternative
monitoring requirements--
``(I) are based on use of the best available science
conducted in accordance with sound and objective scientific
practices and data collected by accepted methods;
``(II) are based on the potential for the contaminant to
occur in the source water based on use patterns and other
relevant characteristics of the contaminant or the systems
subject to the requirements;
``(III) in the case of a public water system or class of
public water systems in which a contaminant has been detected
at quantifiable levels that are not reliably and consistently
below the maximum contaminant level, include monitoring
frequencies that are not less frequent than the frequencies
required in the national primary drinking water regulation
for the contaminant for a period of 5 years after the
detection; and
``(IV) in the case of each contaminant formed in the
distribution system, are not applicable to public water
systems for which treatment is necessary to comply with the
national primary drinking water regulation.
``(ii) Compliance and enforcement.--The alternative
monitoring requirements established by the State shall be
adequate to ensure compliance with, and enforcement of, each
national primary drinking water regulation. The State may
review and update the alternative monitoring requirements as
necessary.
``(iii) Application of section 1413.--
``(I) In general.--Each State establishing alternative
monitoring requirements under this subparagraph shall submit
the rule to the Administrator as provided in section
1413(b)(1). Any requirements for a State to provide
information supporting a submission shall be defined only in
consultation with the States, and shall address only such
information as is necessary to make a decision to approve or
disapprove an alternative monitoring rule in accordance with
the following sentence. The Administrator shall approve an
alternative monitoring rule submitted under this clause for
the purposes of section 1413, unless the Administrator
determines in writing that the State rule for alternative
monitoring does not ensure compliance with, and enforcement
of, the national primary drinking water regulation for the
contaminant or contaminants to which the rule applies.
``(II) Exceptions.--The requirements of section 1413(a)(1)
that a rule be no less stringent than the national primary
drinking water regulation for the contaminant or contaminants
to which the rule applies shall not apply to the decision of
the Administrator to approve or disapprove a rule submitted
under this clause. Notwithstanding the requirements of
section 1413(b)(2), the Administrator shall approve or
disapprove a rule submitted under this clause within 180 days
of submission. In the absence of a determination to
disapprove a rule made by the Administrator within 180 days,
the rule shall be deemed to be approved under section
1413(b)(2).
``(III) Additional considerations.--A State shall be
considered to have primary enforcement authority with regard
to an alternative monitoring rule, and the rule shall be
effective, on a date (determined by the State) any time on or
after submission of the rule, consistent with section
1413(c). A decision by the Administrator to disapprove an
alternative monitoring rule under section 1413 or to withdraw
the authority of the State to carry out the rule under clause
(iv) may not be the basis for withdrawing primary enforcement
responsibility for a national primary drinking water
regulation or regulations from the State under section 1413.
``(iv) Oversight by the administrator.--The Administrator
shall review, not less often than every 5 years, any
alternative monitoring requirements established by a State
under clause (i) to determine whether the requirements are
adequate to ensure compliance with, and enforcement of,
national primary drinking water regulations. If the
Administrator determines that the alternative monitoring
requirements of a State are inadequate with respect to a
contaminant, and after providing the State with an
opportunity to respond to the determination of the
Administrator and to correct any inadequacies, the
Administrator may withdraw the authority of the State to
carry out the alternative monitoring requirements with
respect to the contaminant. If the Administrator withdraws
the authority, the monitoring requirements contained in the
national primary drinking water regulation for the
contaminant shall apply to public water systems in the State.
``(v) Nonprimacy states.--The Governor of any State that
does not have primary enforcement responsibility under
section 1413 on the date of enactment of this clause may
submit to the Administrator a request that the Administrator
modify the monitoring requirements established by the
Administrator and applicable to public water systems in that
State. After consultation with the Governor, the
Administrator shall modify the requirements for public water
systems in that State if the request of the Governor is in
accordance with each of the requirements of this subparagraph
that apply to alternative monitoring requirements
established by States that have primary enforcement
responsibility. A decision by the Administrator to approve
a request under this clause shall be for a period of 3
years and may subsequently be extended for periods of 5
years.
``(vi) Guidance.--The Administrator shall issue guidance in
consultation with the States that States may use to develop
State-established requirements pursuant to this subparagraph
and subparagraph (E). The guidance shall identify options for
alternative monitoring designs that meet the criteria
identified in clause (i) and the requirements of clause
(ii).''.
(3) Small system monitoring.--Section 1445(a)(1) (42 U.S.C.
300j-4(a)(1)) (as amended by paragraph (2)) is further
amended by adding at the end the following:
``(E) Small system monitoring.--The Administrator or a
State that has primary enforcement responsibility under
section 1413 may modify the monitoring requirements for any
contaminant, other than a microbial contaminant or an
indicator of a microbial contaminant, a contaminant regulated
on the basis of an acute health effect, or a contaminant
formed in the treatment process or in the distribution
system, to provide that any public water system that serves a
population of 10,000 or fewer shall not be required to
conduct additional quarterly monitoring during any 3-year
period for a specific contaminant if monitoring conducted at
the beginning of the period for the contaminant fails to
detect the presence of the contaminant in the water supplied
by the public water system, and the Administrator or the
State determines that the contaminant is unlikely to be
detected by further monitoring in the period.''.
(b) Unregulated Contaminants.--Section 1445(a) (42 U.S.C.
300j-4(a)) is amended by striking paragraphs (2) through (8)
and inserting the following:
``(2) Monitoring program for unregulated contaminants.--
``(A) Establishment.--The Administrator shall promulgate
regulations establishing the criteria for a monitoring
program for unregulated contaminants. The regulations shall
require monitoring of drinking water supplied by public water
systems and shall vary the frequency and schedule for
monitoring requirements for systems based on the number of
persons served by the system, the source of supply, and the
contaminants likely to be found.
``(B) Monitoring program for certain unregulated
contaminants.--
``(i) Initial list.--Not later than 3 years after the date
of enactment of the Safe Drinking Water Amendments of 1995
and every 5 years thereafter, the Administrator shall issue a
list pursuant to subparagraph (A) of not more than 20
unregulated contaminants to be monitored by public water
systems and to be included in the national drinking water
occurrence data base maintained pursuant to paragraph (3).
``(ii) Governors' petition.--The Administrator shall
include among the list of contaminants for which monitoring
is required under this paragraph each contaminant recommended
in a petition signed by the Governor of each of 7 or more
States, unless the Administrator determines that the action
would prevent the listing of other contaminants of a higher
public health concern.
``(C) Monitoring by large systems.--A public water system
that serves a population of more than 10,000 shall conduct
monitoring for all contaminants listed under subparagraph
(B).
``(D) Monitoring plan for small and medium systems.--
``(i) In general.--Based on the regulations promulgated by
the Administrator, each
[[Page H7733]]
State shall develop a representative monitoring plan to
assess the occurrence of unregulated contaminants in public
water systems that serve a population of 10,000 or fewer. The
plan shall require monitoring for systems representative of
different sizes, types, and geographic locations in the
State.
``(ii) Grants for small system costs.--From funds reserved
under section 1478(c), the Administrator shall pay the
reasonable cost of such testing and laboratory analysis as
are necessary to carry out monitoring under the plan.
``(E) Monitoring results.--Each public water system that
conducts monitoring of unregulated contaminants pursuant to
this paragraph shall provide the results of the monitoring to
the primary enforcement authority for the system.
``(F) Waiver of monitoring requirement.--The Administrator
shall waive the requirement for monitoring for a contaminant
under this paragraph in a State, if the State demonstrates
that the criteria for listing the contaminant do not apply in
that State.
``(G) Analytical methods.--The State may use screening
methods approved by the Administrator under subsection (h) in
lieu of monitoring for particular contaminants under this
paragraph.
``(H) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$10,000,000 for each of fiscal years 1995 through 2003.''.
(c) National Drinking Water Occurrence Database.--Section
1445(a) (42 U.S.C. 300j-4(a)) (as amended by subsection (b))
is further amended by adding at the end the following:
``(3) National drinking water occurrence database.--
``(A) In general.--Not later than 3 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1995,
the Administrator shall assemble and maintain a national
drinking water occurrence data base, using information on the
occurrence of both regulated and unregulated contaminants in
public water systems obtained under paragraph (2) and
reliable information from other public and private sources.
``(B) Use.--The data shall be used by the Administrator in
making determinations under section 1412(b)(1) with respect
to the occurrence of a contaminant in drinking water at a
level of public health concern.
``(C) Public recommendations.--The Administrator shall
periodically solicit recommendations from the appropriate
officials of the National Academy of Sciences and the States,
and any person may submit recommendations to the
Administrator, with respect to contaminants that should be
included in the national drinking water occurrence data base,
including recommendations with respect to additional
unregulated contaminants that should be listed under
paragraph (2). Any recommendation submitted under this clause
shall be accompanied by reasonable documentation that--
``(i) the contaminant occurs or is likely to occur in
drinking water; and
``(ii) the contaminant poses a risk to public health.
``(D) Public availability.--The information from the data
base shall be available to the public in readily accessible
form.
``(E) Regulated contaminants.--With respect to each
contaminant for which a national primary drinking water
regulation has been established, the data base shall include
information on the detection of the contaminant at a
quantifiable level in public water systems (including
detection of the contaminant at levels not constituting a
violation of the maximum contaminant level for the
contaminant).
``(F) Unregulated contaminants.--With respect to
contaminants for which a national primary drinking water
regulation has not been established, the data base shall
include--
``(i) monitoring information collected by public water
systems that serve a population of more than 10,000, as
required by the Administrator under paragraph (2);
``(ii) monitoring information collected by the States from
a representative sampling of public water systems that serve
a population of 10,000 or fewer; and
``(iii) other reliable and appropriate monitoring
information on the occurrence of the contaminants in public
water systems that is available to the Administrator.''.
(d) Information.--
(1) Monitoring and testing authority.--Subparagraph (A) of
section 1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by
subsection (a)(1)(A)) is amended--
(A) by inserting ``by accepted methods'' after ``conduct
such monitoring''; and
(B) by striking ``such information as the Administrator may
reasonably require'' and all that follows through the period
at the end and inserting the following: ``such information as
the Administrator may reasonably require--
``(i) to assist the Administrator in establishing
regulations under this title or to assist the Administrator
in determining, on a case-by-case basis, whether the person
has acted or is acting in compliance with this title; and
``(ii) by regulation to assist the Administrator in
determining compliance with national primary drinking water
regulations promulgated under section 1412 or in
administering any program of financial assistance under this
title.
If the Administrator is requiring monitoring for purposes of
testing new or alternative methods, the Administrator may
require the use of other than accepted methods. Information
requirements imposed by the Administrator pursuant to the
authority of this subparagraph that require monitoring, the
establishment or maintenance of records or reporting, by a
substantial number of public water systems (determined in the
sole discretion of the Administrator), shall be established
by regulation as provided in clause (ii).''.
(2) Screening methods.--Section 1445 (42 U.S.C. 300j-4) (as
amended by section 12(c)) is further amended by adding at the
end the following:
``(h) Screening Methods.--The Administrator shall review
new analytical methods to screen for regulated contaminants
and may approve such methods as are more accurate or cost-
effective than established reference methods for use in
compliance monitoring.''.
SEC. 20. PUBLIC NOTIFICATION.
Section 1414 (42 U.S.C. 300g-3) is amended by striking
subsection (c) and inserting the following:
``(c) Notice to Persons Served.--
``(1) In general.--Each owner or operator of a public water
system shall give notice to the persons served by the
system--
``(A) of any failure on the part of the public water system
to--
``(i) comply with an applicable maximum contaminant level
or treatment technique requirement of, or a testing procedure
prescribed by, a national primary drinking water regulation;
or
``(ii) perform monitoring required by section 1445(a);
``(B) if the public water system is subject to a variance
granted under section 1415(a)(1)(A), 1415(a)(2), or 1415(e)
for an inability to meet a maximum contaminant level
requirement or is subject to an exemption granted under
section 1416, of--
``(i) the existence of the variance or exemption; and
``(ii) any failure to comply with the requirements of any
schedule prescribed pursuant to the variance or exemption;
and
``(C) of the concentration level of any unregulated
contaminant for which the Administrator has required public
notice pursuant to paragraph (2)(E).
``(2) Form, manner, and frequency of notice.--
``(A) In general.--The Administrator shall, by regulation,
and after consultation with the States, prescribe the manner,
frequency, form, and content for giving notice under this
subsection. The regulations shall--
``(i) provide for different frequencies of notice based on
the differences between violations that are intermittent or
infrequent and violations that are continuous or frequent;
and
``(ii) take into account the seriousness of any potential
adverse health effects that may be involved.
``(B) State requirements.--
``(i) In general.--A State may, by rule, establish
alternative notification requirements--
``(I) with respect to the form and content of notice given
under and in a manner in accordance with subparagraph (C);
and
``(II) with respect to the form and content of notice given
under subparagraph (D).
``(ii) Contents.--The alternative requirements shall
provide the same type and amount of information as required
pursuant to this subsection and regulations issued under
subparagraph (A).
``(iii) Relationship to section 1413.--Nothing in this
subparagraph shall be construed or applied to modify the
requirements of section 1413.
``(C) Violations with potential to have serious adverse
effects on human health.--Regulations issued under
subparagraph (A) shall specify notification procedures for
each violation by a public water system that has the
potential to have serious adverse effects on human health as
a result of short-term exposure. Each notice of violation
provided under this subparagraph shall--
``(i) be distributed as soon as practicable after the
occurrence of the violation, but not later than 24 hours
after the occurrence of the violation;
``(ii) provide a clear and readily understandable
explanation of--
``(I) the violation;
``(II) the potential adverse effects on human health;
``(III) the steps that the public water system is taking to
correct the violation; and
``(IV) the necessity of seeking alternative water supplies
until the violation is corrected;
``(iii) be provided to the Administrator or the head of the
State agency that has primary enforcement responsibility
under section 1413 as soon as practicable, but not later than
24 hours after the occurrence of the violation; and
``(iv) as required by the State agency in general
regulations of the State agency, or on a case-by-case basis
after the consultation referred to in clause (iii),
considering the health risks involved--
``(I) be provided to appropriate broadcast media;
``(II) be prominently published in a newspaper of general
circulation serving the area not later than 1 day after
distribution of a notice pursuant to clause (i) or the date
of publication of the next issue of the newspaper; or
[[Page H7734]]
``(III) be provided by posting or door-to-door notification
in lieu of notification by means of broadcast media or
newspaper.
``(D) Written notice.--
``(i) In general.--Regulations issued under subparagraph
(A) shall specify notification procedures for violations
other than the violations covered by subparagraph (C). The
procedures shall specify that a public water system shall
provide written notice to each person served by the system by
notice--
``(I) in the first bill (if any) prepared after the date of
occurrence of the violation;
``(II) in an annual report issued not later than 1 year
after the date of occurrence of the violation; or
``(III) by mail or direct delivery as soon as practicable,
but not later than 1 year after the date of occurrence of the
violation.
``(ii) Form and manner of notice.--The Administrator shall
prescribe the form and manner of the notice to provide a
clear and readily understandable explanation of--
``(I) the violation;
``(II) any potential adverse health effects; and
``(III) the steps that the system is taking to seek
alternative water supplies, if any, until the violation is
corrected.
``(E) Unregulated contaminants.--The Administrator may
require the owner or operator of a public water system to
give notice to the persons served by the system of the
concentration levels of an unregulated contaminant required
to be monitored under section 1445(a).
``(3) Reports.--
``(A) Annual report by state.--
``(i) In general.--Not later than January 1, 1997, and
annually thereafter, each State that has primary enforcement
responsibility under section 1413 shall prepare, make readily
available to the public, and submit to the Administrator an
annual report on violations of national primary drinking
water regulations by public water systems in the State,
including violations with respect to--
``(I) maximum contaminant levels;
``(II) treatment requirements;
``(III) variances and exemptions; and
``(IV) monitoring requirements determined to be significant
by the Administrator after consultation with the States.
``(ii) Distribution.--The State shall publish and
distribute summaries of the report and indicate where the
full report is available for review.
``(B) Annual report by administrator.--Not later than July
1, 1997, and annually thereafter, the Administrator shall
prepare and make available to the public an annual report
summarizing and evaluating reports submitted by States
pursuant to subparagraph (A) and notices submitted by public
water systems serving Indian Tribes provided to the
Administrator pursuant to subparagraph (C) or (D) of
paragraph (2) and making recommendations concerning the
resources needed to improve compliance with this title. The
report shall include information about public water system
compliance on Indian reservations and about enforcement
activities undertaken and financial assistance provided by
the Administrator on Indian reservations, and shall make
specific recommendations concerning the resources needed to
improve compliance with this title on Indian reservations.''.
SEC. 21. ENFORCEMENT; JUDICIAL REVIEW.
(a) In General.--Section 1414 (42 U.S.C. 300g-3) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``any national primary
drinking water regulation in effect under section 1412'' and
inserting ``any applicable requirement''; and
(II) by striking ``with such regulation or requirement''
and inserting ``with the requirement''; and
(ii) in subparagraph (B), by striking ``regulation or'' and
inserting ``applicable''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Enforcement in nonprimacy states.--
``(A) In general.--If, on the basis of information
available to the Administrator, the Administrator finds, with
respect to a period in which a State does not have primary
enforcement responsibility for public water systems, that a
public water system in the State--
``(i) for which a variance under section 1415 or an
exemption under section 1416 is not in effect, does not
comply with any applicable requirement; or
``(ii) for which a variance under section 1415 or an
exemption under section 1416 is in effect, does not comply
with any schedule or other requirement imposed pursuant to
the variance or exemption;
the Administrator shall issue an order under subsection (g)
requiring the public water system to comply with the
requirement, or commence a civil action under subsection (b).
``(B) Notice.--If the Administrator takes any action
pursuant to this paragraph, the Administrator shall notify an
appropriate local elected official, if any, with jurisdiction
over the public water system of the action prior to the time
that the action is taken.'';
(2) in the first sentence of subsection (b), by striking
``a national primary drinking water regulation'' and
inserting ``any applicable requirement'';
(3) in subsection (g)--
(A) in paragraph (1), by striking ``regulation, schedule,
or other'' each place it appears and inserting
``applicable'';
(B) in paragraph (2)--
(i) in the first sentence--
(I) by striking ``effect until after notice and opportunity
for public hearing and,'' and inserting ``effect,''; and
(II) by striking ``proposed order'' and inserting
``order''; and
(ii) in the second sentence, by striking ``proposed to
be''; and
(C) in paragraph (3)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) Effect of penalty amounts.--In a case in which a
civil penalty sought by the Administrator under this
paragraph does not exceed $5,000, the penalty shall be
assessed by the Administrator after notice and opportunity
for a public hearing (unless the person against whom the
penalty is assessed requests a hearing on the record in
accordance with section 554 of title 5, United States Code).
In a case in which a civil penalty sought by the
Administrator under this paragraph exceeds $5,000, but does
not exceed $25,000, the penalty shall be assessed by the
Administrator after notice and opportunity for a hearing on
the record in accordance with section 554 of title 5, United
States Code.''; and
(ii) in subparagraph (C), by striking ``paragraph exceeds
$5,000'' and inserting ``subsection for a violation of an
applicable requirement exceeds $25,000''; and
(4) by adding at the end the following:
``(h) Consolidation Incentive.--
``(1) In general.--An owner or operator of a public water
system may submit to the State in which the system is located
(if the State has primary enforcement responsibility under
section 1413) or to the Administrator (if the State does not
have primary enforcement responsibility) a plan (including
specific measures and schedules) for--
``(A) the physical consolidation of the system with 1 or
more other systems;
``(B) the consolidation of significant management and
administrative functions of the system with 1 or more other
systems; or
``(C) the transfer of ownership of the system that may
reasonably be expected to improve drinking water quality.
``(2) Consequences of approval.--If the State or the
Administrator approves a plan pursuant to paragraph (1), no
enforcement action shall be taken pursuant to this part with
respect to a specific violation identified in the approved
plan prior to the date that is the earlier of the date on
which consolidation is completed according to the plan or the
date that is 2 years after the plan is approved.
``(i) Definition of Applicable Requirement.--In this
section, the term `applicable requirement' means--
``(1) a requirement of section 1412, 1414, 1415, 1416,
1417, 1441, or 1445;
``(2) a regulation promulgated pursuant to a section
referred to in paragraph (1);
``(3) a schedule or requirement imposed pursuant to a
section referred to in paragraph (1); and
``(4) a requirement of, or permit issued under, an
applicable State program for which the Administrator has made
a determination that the requirements of section 1413 have
been satisfied, or an applicable State program approved
pursuant to this part.''.
(b) State Authority for Administrative Penalties.--Section
1413(a) (42 U.S.C. 300g-2(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) has adopted authority for administrative penalties
(unless the constitution of the State prohibits the adoption
of the authority) in a maximum amount--
``(A) in the case of a system serving a population of more
than 10,000, that is not less than $1,000 per day per
violation; and
``(B) in the case of any other system, that is adequate to
ensure compliance (as determined by the State);
except that a State may establish a maximum limitation on the
total amount of administrative penalties that may be imposed
on a public water system per violation.''.
(c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a))
is amended--
(1) in paragraph (2) of the first sentence, by inserting
``final'' after ``any other'';
(2) in the second sentence, by striking ``or issuance of
the order'' and inserting ``or any other final Agency
action''; and
(3) by adding at the end the following ``In any petition
concerning the assessment of a civil penalty pursuant to
section 1414(g)(3)(B), the petitioner shall simultaneously
send a copy of the complaint by certified mail to the
Administrator and the Attorney General. The court shall set
aside and remand the penalty order if the court finds that
there is not substantial evidence in the record to support
the finding of a violation or that the assessment of the
penalty by the Administrator constitutes an abuse of
discretion.''.
SEC. 22. FEDERAL AGENCIES.
(a) In General.--Subsections (a) and (b) of section 1447
(42 U.S.C. 300j-6) are amended to read as follows:
``(a) Compliance.--
``(1) In general.--Each Federal agency shall be subject to,
and comply with, all Federal, State, interstate, and local
substantive and procedural requirements, administrative
authorities, and process and sanctions concerning the
provision of safe drinking water
[[Page H7735]]
or underground injection in the same manner, and to the same
extent, as any nongovernmental entity is subject to, and
shall comply with, the requirements, authorities, and process
and sanctions.
``(2) Administrative orders and penalties.--The Federal,
State, interstate, and local substantive and procedural
requirements, administrative authorities, and process and
sanctions referred to in paragraph (1) include all
administrative orders and all civil and administrative
penalties or fines, regardless of whether the penalties or
fines are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations.
``(3) Limited waiver of sovereign immunity.--The United
States expressly waives any immunity otherwise applicable to
the United States with respect to any requirement,
administrative authority, or process or sanction referred to
in paragraph (2) (including any injunctive relief,
administrative order, or civil or administrative penalty or
fine referred to in paragraph (2), or reasonable service
charge). The reasonable service charge referred to in the
preceding sentence includes--
``(A) a fee or charge assessed in connection with the
processing, issuance, renewal, or amendment of a permit,
variance, or exemption, review of a plan, study, or other
document, or inspection or monitoring of a facility; and
``(B) any other nondiscriminatory charge that is assessed
in connection with a Federal, State, interstate, or local
safe drinking water regulatory program.
``(4) Civil penalties.--No agent, employee, or officer of
the United States shall be personally liable for any civil
penalty under this subsection with respect to any act or
omission within the scope of the official duties of the
agent, employee, or officer.
``(5) Criminal sanctions.--An agent, employee, or officer
of the United States may be subject to a criminal sanction
under a State, interstate, or local law concerning the
provision of drinking water or underground injection. No
department, agency, or instrumentality of the executive,
legislative, or judicial branch of the Federal Government
shall be subject to a sanction referred to in the preceding
sentence.
``(b) Waiver of Compliance.--
``(1) In general.--The President may waive compliance with
subsection (a) by any department, agency, or instrumentality
in the executive branch if the President determines waiving
compliance with such subsection to be in the paramount
interest of the United States.
``(2) Waivers due to lack of appropriations.--No waiver
described in paragraph (1) shall be granted due to the lack
of an appropriation unless the President has specifically
requested the appropriation as part of the budgetary process
and Congress has failed to make available the requested
appropriation.
``(3) Period of waiver.--A waiver under this subsection
shall be for a period of not to exceed 1 year, but an
additional waiver may be granted for a period of not to
exceed 1 year on the termination of a waiver if the President
reviews the waiver and makes a determination that it is in
the paramount interest of the United States to grant an
additional waiver.
``(4) Report.--Not later than January 31 of each year, the
President shall report to Congress on each waiver granted
pursuant to this subsection during the preceding calendar
year, together with the reason for granting the waiver.''.
(b) Administrative Penalty Orders.--Section 1447 (42 U.S.C.
300j-6) is amended by adding at the end the following:
``(d) Administrative Penalty Orders.--
``(1) In general.--If the Administrator finds that a
Federal agency has violated an applicable requirement under
this title, the Administrator may issue a penalty order
assessing a penalty against the Federal agency.
``(2) Penalties.--The Administrator may, after notice to
the agency, assess a civil penalty against the agency in an
amount not to exceed $25,000 per day per violation.
``(3) Procedure.--Before an administrative penalty order
issued under this subsection becomes final, the Administrator
shall provide the agency an opportunity to confer with the
Administrator and shall provide the agency notice and an
opportunity for a hearing on the record in accordance with
chapters 5 and 7 of title 5, United States Code.
``(4) Public review.--
``(A) In general.--Any interested person may obtain review
of an administrative penalty order issued under this
subsection. The review may be obtained in the United States
District Court for the District of Columbia or in the United
States District Court for the district in which the violation
is alleged to have occurred by the filing of a complaint with
the court within the 30-day period beginning on the date the
penalty order becomes final. The person filing the complaint
shall simultaneously send a copy of the complaint by
certified mail to the Administrator and the Attorney General.
``(B) Record.--The Administrator shall promptly file in the
court a certified copy of the record on which the order was
issued.
``(C) Standard of review.--The court shall not set aside or
remand the order unless the court finds that there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or that the assessment of
the penalty by the Administrator constitutes an abuse of
discretion.
``(D) Prohibition on additional penalties.--The court may
not impose an additional civil penalty for a violation that
is subject to the order unless the court finds that the
assessment constitutes an abuse of discretion by the
Administrator.''.
(c) Citizen Enforcement.--The first sentence of section
1449(a) (42 U.S.C. 300j-8(a)) is amended--
(1) in paragraph (1), by striking ``, or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) for the collection of a penalty (and associated costs
and interest) against any Federal agency that fails, by the
date that is 1 year after the effective date of a final order
to pay a penalty assessed by the Administrator under section
1447(d), to pay the penalty.''.
(d) Washington Aqueduct.--Section 1447 (42 U.S.C. 300j-6)
(as amended by subsection (b)) is further amended by adding
at the end the following:
``(e) Washington Aqueduct.--The Washington Aqueduct
Authority, the Army Corps of Engineers, and the Secretary of
the Army shall not pass the cost of any penalty assessed
under this title on to any customer, user, or other purchaser
of drinking water from the Washington Aqueduct system,
including finished water from the Dalecarlia or McMillan
treatment plant.''.
SEC. 23. RESEARCH.
Section 1442 (42 U.S.C. 300j-1) (as amended by section
12(d)) is further amended--
(1) by redesignating paragraph (3) of subsection (b) as
paragraph (3) of subsection (d) and moving such paragraph to
appear after paragraph (2) of subsection (d);
(2) by striking subsection (b) (as so amended);
(3) by redesignating subparagraph (B) of subsection (a)(2)
as subsection (b) and moving such subsection to appear after
subsection (a);
(4) in subsection (a)--
(A) by striking paragraph (2) (as so amended) and inserting
the following:
``(2) Information and research facilities.--In carrying out
this title, the Administrator is authorized to--
``(A) collect and make available information pertaining to
research, investigations, and demonstrations with respect to
providing a dependably safe supply of drinking water,
together with appropriate recommendations in connection with
the information; and
``(B) make available research facilities of the Agency to
appropriate public authorities, institutions, and individuals
engaged in studies and research relating to this title.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (11) as paragraph (3) and
moving such paragraph to appear before paragraph (4); and
(D) by adding at the end the following:
``(11) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator to carry
out research authorized by this section $25,000,000 for each
of fiscal years 1994 through 2003, of which $4,000,000 shall
be available for each fiscal year for research on the health
effects of arsenic in drinking water.'';
(5) in subsection (b) (as so amended)--
(A) by striking ``subparagraph'' each place it appears and
inserting ``subsection''; and
(B) by adding at the end the following: ``There are
authorized to be appropriated to carry out this subsection
$8,000,000 for each of fiscal years 1995 through 2003.'';
(6) in the first sentence of subsection (c), by striking
``eighteen months after the date of enactment of this
subsection'' and inserting ``2 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1995,
and every 5 years thereafter'';
(7) in subsection (d) (as amended by paragraph (1))--
(A) in paragraph (1), by striking ``, and'' at the end and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and'';
(D) by inserting after paragraph (3) the following:
``(4) develop and maintain a system for forecasting the
supply of, and demand for, various professional occupational
categories and other occupational categories needed for the
protection and treatment of drinking water in each region of
the United States.''; and
(E) by adding at the end the following: ``There are
authorized to be appropriated to carry out this subsection
$10,000,000 for each of fiscal years 1994 through 2003.'';
and
(8) by adding at the end the following:
``(i) Biological Mechanisms.--In carrying out this section,
the Administrator shall conduct studies to--
``(1) understand the mechanisms by which chemical
contaminants are absorbed, distributed, metabolized, and
eliminated from the human body, so as to develop more
accurate physiologically based models of the phenomena;
``(2) understand the effects of contaminants and the
mechanisms by which the contaminants cause adverse effects
(especially noncancer and infectious effects) and the
variations in the effects among humans, especially
subpopulations at greater risk of adverse effects, and
between test animals and humans; and
``(3) develop new approaches to the study of complex
mixtures, such as mixtures found in drinking water,
especially to determine the prospects for synergistic or
antagonistic
[[Page H7736]]
interactions that may affect the shape of the dose-response
relationship of the individual chemicals and microbes, and to
examine noncancer endpoints and infectious diseases, and
susceptible individuals and subpopulations.
``(j) Research Priorities.--To establish long-term
priorities for research under this section, the Administrator
shall develop, and periodically update, an integrated risk
characterization strategy for drinking water quality. The
strategy shall identify unmet needs, priorities for study,
and needed improvements in the scientific basis for
activities carried out under this title. The initial strategy
shall be made available to the public not later than 3 years
after the date of enactment of this subsection.
``(k) Research Plan for Harmful Substances in Drinking
Water.--
``(1) Development of plan.--The Administrator shall--
``(A) not later than 180 days after the date of enactment
of this subsection, after consultation with the Secretary of
Health and Human Services, the Secretary of Agriculture, and,
as appropriate, the heads of other Federal agencies, develop
a research plan to support the development and implementation
of the most current version of the--
``(i) enhanced surface water treatment rule (59 Fed. Reg.
38832 (July 29, 1994));
``(ii) disinfectant and disinfection byproducts rule (Stage
2) (59 Fed. Reg. 38668 (July 29, 1994)); and
``(iii) ground water disinfection rule (availability of
draft summary announced at 57 Fed. Reg. 33960 (July 31,
1992)); and
``(B) carry out the research plan, after consultation and
appropriate coordination with the Secretary of Agriculture
and the heads of other Federal agencies.
``(2) Contents of plan.--
``(A) In general.--The research plan shall include, at a
minimum--
``(i) an identification and characterization of new
disinfection byproducts associated with the use of different
disinfectants;
``(ii) toxicological studies and, if warranted,
epidemiological studies to determine what levels of exposure
from disinfectants and disinfection byproducts, if any, may
be associated with developmental and birth defects and other
potential toxic end points;
``(iii) toxicological studies and, if warranted,
epidemiological studies to quantify the carcinogenic
potential from exposure to disinfection byproducts resulting
from different disinfectants;
``(iv) the development of practical analytical methods for
detecting and enumerating microbial contaminants, including
giardia, cryptosporidium, and viruses;
``(v) the development of reliable, efficient, and
economical methods to determine the viability of individual
cryptosporidium oocysts;
``(vi) the development of dose-response curves for
pathogens, including cryptosporidium and the Norwalk virus;
``(vii) the development of indicators that define treatment
effectiveness for pathogens and disinfection byproducts; and
``(viii) bench, pilot, and full-scale studies and
demonstration projects to evaluate optimized conventional
treatment, ozone, granular activated carbon, and membrane
technology for controlling pathogens (including
cryptosporidium) and disinfection byproducts.
``(B) Risk definition strategy.--The research plan shall
include a strategy for determining the risks and estimated
extent of disease resulting from pathogens, disinfectants,
and disinfection byproducts in drinking water, and the costs
and removal efficiencies associated with various control
methods for pathogens, disinfectants, and disinfection
byproducts.
``(3) Implementation of plan.--In carrying out the research
plan, the Administrator shall use the most cost-effective
mechanisms available, including coordination of research
with, and use of matching funds from, institutions and
utilities.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$12,500,000 for each of fiscal years 1997 through 2003.
``(l) Subpopulations at Greater Risk.--
``(1) Research plan.--The Administrator shall conduct a
continuing program of peer-reviewed research to identify
groups within the general population that may be at greater
risk than the general population of adverse health effects
from exposure to contaminants in drinking water. Not later
than 1 year after the date of enactment of this subsection,
the Administrator shall develop and implement a research plan
to establish whether and to what degree infants, children,
pregnant women, the elderly, individuals with a history of
serious illness, or other subpopulations that can be
identified and characterized are likely to experience
elevated health risks, including risks of cancer, from
contaminants in drinking water.
``(2) Contents of plan.--To the extent appropriate, the
research shall be--
``(A) integrated into the health effects research plan
carried out by the Administrator to support the regulation of
specific contaminants under this Act; and
``(B) designed to identify--
``(i) the nature and extent of the elevated health risks,
if any;
``(ii) the groups likely to experience the elevated health
risks;
``(iii) biological mechanisms and other factors that may
contribute to elevated health risks for groups within the
general population;
``(iv) the degree of variability of the health risks to the
groups from the health risks to the general population;
``(v) the threshold, if any, at which the elevated health
risks for a specific contaminant occur; and
``(vi) the probability of the exposure to the contaminants
by the identified group.
``(3) Report.--Not later than 4 years after the date of
enactment of this subsection and periodically thereafter as
new and significant information becomes available, the
Administrator shall report to Congress on the results of the
research.
``(4) Use of research.--In characterizing the health
effects of drinking water contaminants under this Act, the
Administrator shall consider all relevant factors, including
the results of research under this subsection, the margin of
safety for variability in the general population, and sound
scientific practices (including the 1993 and 1994 reports of
the National Academy of Sciences) regarding subpopulations at
greater risk for adverse health effects.''.
SEC. 24. DEFINITIONS.
(a) In General.--Section 1401 (42 U.S.C. 300f) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by inserting ``accepted methods
for'' before ``quality control''; and
(B) by adding at the end the following:
``At any time after promulgation of a regulation referred to
in this paragraph, the Administrator may add equally
effective quality control and testing procedures by guidance
published in the Federal Register. The procedures shall be
treated as an alternative for public water systems to the
quality control and testing procedures listed in the
regulation.'';
(2) in paragraph (13)--
(A) by striking ``The'' and inserting ``(A) Except as
provided in subparagraph (B), the''; and
(B) by adding at the end the following:
``(B) For purposes of part G, the term `State' means each
of the 50 States and the Commonwealth of Puerto Rico.'';
(3) in paragraph (14), by adding at the end the following:
``For purposes of part G, the term includes any Native
village (as defined in section 3(c) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(c))).''; and
(4) by adding at the end the following:
``(15) Community water system.--The term `community water
system' means a public water system that--
``(A) serves at least 15 service connections used by year-
round residents of the area served by the system; or
``(B) regularly serves at least 25 year-round residents.
``(16) Noncommunity water system.--The term `noncommunity
water system' means a public water system that is not a
community water system.''.
(b) Public Water System.--
(1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is
amended--
(A) in the first sentence, by striking ``piped water for
human consumption'' and inserting ``water for human
consumption through pipes or other constructed conveyances'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(C) by striking ``(4) The'' and inserting the following:
``(4) Public water system.--
``(A) In general.--The''; and
(D) by adding at the end the following:
``(B) Connections.--
``(i) In general.--For purposes of subparagraph (A), a
connection to a system that delivers water by a constructed
conveyance other than a pipe shall not be considered a
connection, if--
``(I) the water is used exclusively for purposes other than
residential uses (consisting of drinking, bathing, and
cooking, or other similar uses);
``(II) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that alternative water to
achieve the equivalent level of public health protection
provided by the applicable national primary drinking water
regulation is provided for residential or similar uses for
drinking and cooking; or
``(III) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that the water provided for
residential or similar uses for drinking and cooking is
centrally treated or treated at the point of entry by the
provider, a pass-through entity, or the user to achieve the
equivalent level of protection provided by the applicable
national primary drinking water regulations.
``(ii) Irrigation districts.--An irrigation district in
existence prior to May 18, 1994, that provides primarily
agricultural service through a piped water system with only
incidental residential use shall not be considered to be a
public water system if the system or the residential users of
the system comply with subclause (II) or (III) of clause (i).
``(C) Transition period.--A water supplier that would be a
public water system only as a result of modifications made to
this paragraph by the Safe Drinking Water Act Amendments of
1995 shall not be considered a public water system for
purposes of the Act until the date that is two years after
the date of enactment of this subparagraph, if
[[Page H7737]]
during such two-year period the water supplier complies with
the monitoring requirements of the Surface Water Treatment
Rule and no indicator of microbial contamination is exceeded
during that period. If a water supplier does not serve 15
service connections (as defined in subparagraphs (A) and (B))
or 25 people at any time after the conclusion of the two-year
period, the water supplier shall not be considered a public
water system.''.
SEC. 25. WATERSHED AND GROUND WATER PROTECTION.
(a) State Ground Water Protection Grants.--Section 1443 (42
U.S.C. 300j-2) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) State Ground Water Protection Grants.--
``(1) In general.--The Administrator may make a grant to a
State for the development and implementation of a State
program to ensure the coordinated and comprehensive
protection of ground water resources within the State.
``(2) Guidance.--Not later than 1 year after the date of
enactment of the Safe Drinking Water Act Amendments of 1995,
and annually thereafter, the Administrator shall publish
guidance that establishes procedures for application for
State ground water protection program assistance and that
identifies key elements of State ground water protection
programs.
``(3) Conditions of grants.--
``(A) In general.--The Administrator shall award grants to
States that submit an application that is approved by the
Administrator. The Administrator shall determine the amount
of a grant awarded pursuant to this paragraph on the basis of
an assessment of the extent of ground water resources in the
State and the likelihood that awarding the grant will result
in sustained and reliable protection of ground water quality.
``(B) Innovative program grants.--The Administrator may
also award a grant pursuant to this paragraph for innovative
programs proposed by a State for the prevention of ground
water contamination.
``(C) Allocation of funds.--The Administrator shall, at a
minimum, ensure that, for each fiscal year, not less than 1
percent of funds made available to the Administrator by
appropriations to carry out this subsection are allocated to
each State that submits an application that is approved by
the Administrator pursuant to this subsection.
``(D) Limitation on grants.--No grant awarded by the
Administrator may be used for a project to remediate ground
water contamination.
``(4) Coordination with other grant programs.--The awarding
of grants by the Administrator pursuant to this subsection
shall be coordinated with the awarding of grants pursuant to
section 319(i) of the Federal Water Pollution Control Act (33
U.S.C. 1329(i)) and the awarding of other Federal grant
assistance that provides funding for programs related to
ground water protection.
``(5) Amount of grants.--The amount of a grant awarded
pursuant to paragraph (1) shall not exceed 50 percent of the
eligible costs of carrying out the ground water protection
program that is the subject of the grant (as determined by
the Administrator) for the 1-year period beginning on the
date that the grant is awarded. The State shall pay a State
share to cover the costs of the ground water protection
program from State funds in an amount that is not less than
50 percent of the cost of conducting the program.
``(6) Evaluations and reports.--Not later than 3 years
after the date of enactment of the Safe Drinking Water Act
Amendments of 1995, and every 3 years thereafter, the
Administrator shall evaluate the State ground water
protection programs that are the subject of grants awarded
pursuant to this subsection and report to Congress on the
status of ground water quality in the United States and the
effectiveness of State programs for ground water protection.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$20,000,000 for each of fiscal years 1995 through 2003.''.
(b) Critical Aquifer Protection.--Section 1427 (42 U.S.C.
300h-6) is amended--
(1) in subsection (b)(1), by striking ``not later than 24
months after the enactment of the Safe Drinking Water Act
Amendments of 1986''; and
(2) in the first sentence of subsection (n), by adding at
the end the following:
``1992-2003..............................................15,000,000.''.
(c) Wellhead Protection Areas.--Section 1428(k) (42 U.S.C.
300h-7(k)) is amended by adding at the end the following:
``1992-2003..............................................30,000,000.''.
(d) Underground Injection Control Grant.--Section
1443(b)(5) (42 U.S.C. 300j-2(b)(5)) is amended by adding at
the end the following:
``1992-2003..............................................15,000,000.''.
(e) Report to Congress on Private Drinking Water.--Section
1450 (42 U.S.C. 300j-9) is amended by striking subsection (h)
and inserting the following:
``(h) Report to Congress on Private Drinking Water.--The
Administrator shall conduct a study to determine the extent
and seriousness of contamination of private sources of
drinking water that are not regulated under this title. Not
later than 3 years after the date of enactment of the Safe
Drinking Water Act Amendments of 1995, the Administrator
shall submit to Congress a report that includes the findings
of the study and recommendations by the Administrator
concerning responses to any problems identified under the
study. In designing and conducting the study, including
consideration of research design, methodology, and
conclusions and recommendations, the Administrator shall
consult with experts outside the Agency, including
scientists, hydro-
geologists, well contractors and suppliers, and other
individuals knowledgeable in ground water protection and
remediation.''.
(f) National Center for Ground Water Research.--The
Administrator of the Environmental Protection Agency, acting
through the Robert S. Kerr Environmental Research Laboratory,
is authorized to reestablish a partnership between the
Laboratory and the National Center for Ground Water Research,
a university consortium, to conduct research, training, and
technology transfer for ground water quality protection and
restoration.
(g) Watershed Protection Demonstration Program.--
(1) The heading of section 1443 (42 U.S.C.) is amended to
read as follows:
``Grants for State and local programs''
(2) Section 1443 (42 U.S.C.) is amended by adding at the
end thereof the following:
``(e) Watershed Protection Demonstration Program.--
``(1) In general.--
``(A) Assistance for demonstration projects.--The
Administrator is authorized to provide technical and
financial assistance to units of State or local government
for projects that demonstrate and assess innovative and
enhanced methods and practices to develop and implement
watershed protection programs including methods and practices
that protect both surface and ground water. In selecting
projects for assistance under this subsection, the
Administrator shall give priority to projects that are
carried out to satisfy criteria published under section
1412(b)(7)(C) or that are identified through programs
developed and implemented pursuant to section 1428.
``(B) Matching Requirements.--Federal assistance provided
under this subsection shall not exceed 35 percent of the
total cost of the protection program being carried out for
any particular watershed or ground water recharge area.
``(2) New York City Watershed Protection Program.--
``(A) In general.--Pursuant to the authority of paragraph
(1), the Administrator is authorized to provide financial
assistance to the State of New York for demonstration
projects implemented as part of the watershed program for the
protection and enhancement of the quality of source waters of
the New York City water supply system. Demonstration projects
which shall be eligible for financial assistance shall be
certified to the Administrator by the State of New York as
satisfying the purposes of this subsection and shall include
those projects that demonstrate, assess, or provide for
comprehensive monitoring, surveillance, and research with
respect to the efficacy of phosphorus offsets or trading,
wastewater diversion, septic system siting and maintenance,
innovative or enhanced wastewater treatment technologies,
innovative methodologies for the control of storm water
runoff, urban, agricultural, and forestry best management
practices for controlling nonpoint source pollution, operator
training, compliance surveillance and that establish
watershed or basin-wide coordinating, planning or governing
organizations. In certifying projects to the Administrator,
the State of New York shall give priority to these monitoring
and research projects that have undergone peer review.
``(B) Report.--Not later than 5 years after the date on
which the Administrator first provides assistance pursuant to
this paragraph, the Governor of the State of New York shall
submit a report to the Administrator on the results of
projects assisted.
``(3) Authorization.--There are authorized to be
appropriated to the Administrator such sums as are necessary
to carry out this subsection for each of fiscal years 1997
through 2003 including $15,000,000 for each of such fiscal
years for the purpose of providing assistance to the State of
New York to carry out paragraph (2).''.
SEC. 26. LEAD PLUMBING AND PIPES; RETURN FLOWS.
(a) Fittings and Fixtures.--Section 1417 (42 U.S.C. 300g-6)
is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) Prohibitions.--
``(A) In general.--No person may use any pipe, any pipe or
plumbing fitting or fixture, any solder, or any flux, after
June 19, 1986, in the installation or repair of--
``(i) any public water system; or
``(ii) any plumbing in a residential or nonresidential
facility providing water for human consumption,
that is not lead free (within the meaning of subsection (d)).
``(B) Leaded joints.--Subparagraph (A) shall not apply to
leaded joints necessary for the repair of cast iron pipes.'';
(B) in paragraph (2)(A), by inserting after ``Each'' the
following: ``owner or operator of a''; and
(C) by adding at the end the following:
[[Page H7738]]
``(3) Unlawful acts.--Effective 2 years after the date of
enactment of this paragraph, it shall be unlawful--
``(A) for any person to introduce into commerce any pipe,
or any pipe or plumbing fitting or fixture, that is not lead
free, except for a pipe that is used in manufacturing or
industrial processing;
``(B) for any person engaged in the business of selling
plumbing supplies, except manufacturers, to sell solder or
flux that is not lead free; or
``(C) for any person to introduce into commerce any solder
or flux that is not lead free unless the solder or flux bears
a prominent label stating that it is illegal to use the
solder or flux in the installation or repair of any plumbing
providing water for human consumption.'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``lead, and'' and
inserting ``lead;'';
(B) in paragraph (2), by striking ``lead.'' and inserting
``lead; and''; and
(C) by adding at the end the following:
``(3) when used with respect to plumbing fittings and
fixtures, refers to plumbing fittings and fixtures in
compliance with standards established in accordance with
subsection (e).''; and
(3) by adding at the end the following:
``(e) Plumbing Fittings and Fixtures.--
``(1) In general.--The Administrator shall provide accurate
and timely technical information and assistance to qualified
third-party certifiers in the development of voluntary
standards and testing protocols for the leaching of lead from
new plumbing fittings and fixtures that are intended by the
manufacturer to dispense water for human ingestion.
``(2) Standards.--
``(A) In general.--If a voluntary standard for the leaching
of lead is not established by the date that is 1 year after
the date of enactment of this subsection, the Administrator
shall, not later than 2 years after the date of enactment of
this subsection, promulgate regulations setting a health-
effects-based performance standard establishing maximum
leaching levels from new plumbing fittings and fixtures that
are intended by the manufacturer to dispense water for human
ingestion. The standard shall become effective on the date
that is 5 years after the date of promulgation of the
standard.
``(B) Alternative requirement.--If regulations are required
to be promulgated under subparagraph (A) and have not been
promulgated by the date that is 5 years after the date of
enactment of this subsection, no person may import,
manufacture, process, or distribute in commerce a new
plumbing fitting or fixture, intended by the manufacturer to
dispense water for human ingestion, that contains more than 4
percent lead by dry weight.''.
(b) Water Return Flows.--Section 3013 of Public Law 102-486
(42 U.S.C. 13551) is repealed.
(c) Records and Inspections.--Subparagraph (A) of section
1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by section
19(a)(1)(A)) is amended by striking ``Every person'' and all
that follows through ``is a grantee,'' and inserting ``Every
person who is subject to any requirement of this title or who
is a grantee''.
SEC. 27. BOTTLED WATER.
Section 410 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 349) is amended--
(1) by striking ``Whenever'' and inserting ``(a) Except as
provided in subsection (b), whenever''; and
(2) by adding at the end the following:
``(b)(1) After the Administrator of the Environmental
Protection Agency publishes a proposed maximum contaminant
level, but not later than 180 days after the Administrator of
the Environmental Protection Agency publishes a final maximum
contaminant level, for a contaminant under section 1412 of
the Public Health Service Act (42 U.S.C. 300g-1), the
Secretary, after public notice and comment, shall issue a
regulation that establishes a quality level for the
contaminant in bottled water or make a finding that a
regulation is not necessary to protect the public health
because the contaminant is contained in water in the public
water systems (as defined under section 1401(4) of such Act
(42 U.S.C. 300f(4)) and not in water used for bottled
drinking water. In the case of any contaminant for which a
national primary drinking water regulation was promulgated
before the date of enactment of the Safe Drinking Water Act
Amendments of 1995, the Secretary shall issue the regulation
or make the finding required by this paragraph not later than
1 year after that date.
``(2) The regulation shall include any monitoring
requirements that the Secretary determines to be appropriate
for bottled water.
``(3) The regulation--
``(A) shall require that the quality level for the
contaminant in bottled water be as stringent as the maximum
contaminant level for the contaminant published by the
Administrator of the Environmental Protection Agency; and
``(B) may require that the quality level be more stringent
than the maximum contaminant level if necessary to provide
ample public health protection under this Act.
``(4)(A) If the Secretary fails to establish a regulation
within the period described in paragraph (1), the regulation
with respect to the final maximum contaminant level published
by the Administrator of the Environmental Protection Agency
(as described in such paragraph) shall be considered, as of
the date on which the Secretary is required to establish a
regulation under paragraph (1), as the final regulation
for the establishment of the quality level for a
contaminant required under paragraph (1) for the purpose
of establishing or amending a bottled water quality level
standard with respect to the contaminant.
``(B) Not later than 30 days after the end of the period
described in paragraph (1), the Secretary shall, with respect
to a maximum contaminant level that is considered as a
quality level under subparagraph (A), publish a notice in the
Federal Register that sets forth the quality level and
appropriate monitoring requirements required under paragraphs
(1) and (2) and that provides that the quality level standard
and requirements shall take effect on the date on which the
final regulation of the maximum contaminant level takes
effect or 18 months after the notice is issued pursuant to
this subparagraph, whichever is later.''.
SEC. 28. OTHER AMENDMENTS.
(a) Capital Improvements for the Washington Aqueduct.--
(1) Authorizations.--
(A) Authorization of modernization.--Subject to approval
in, and in such amounts as may be provided in appropriations
Acts, the Chief of Engineers of the Army Corps of Engineers
is authorized to modernize the Washington Aqueduct.
(B) Authorization of appropriations.--There is authorized
to be appropriated to the Army Corps of Engineers borrowing
authority in amounts sufficient to cover the full costs of
modernizing the Washington Aqueduct. The borrowing authority
shall be provided by the Secretary of the Treasury, under
such terms and conditions as are established by the Secretary
of the Treasury, after a series of contracts with each public
water supply customer has been entered into under paragraph
(2).
(2) Contracts with public water supply customers.--
(A) Contracts to repay corps debt.--To the extent provided
in appropriations Acts, and in accordance with subparagraphs
(B) and (C), the Chief of Engineers of the Army Corps of
Engineers is authorized to enter into a series of contracts
with each public water supply customer under which the
customer commits to repay a pro-rata share of the principal
and interest owed by the Army Corps of Engineers to the
Secretary of the Treasury under paragraph (1). Under each of
the contracts, the customer that enters into the contract
shall commit to pay any additional amount necessary to fully
offset the risk of default on the contract.
(B) Offsetting of risk of default.--Each contract under
subparagraph (A) shall include such additional terms and
conditions as the Secretary of the Treasury may require so
that the value to the Government of the contracts is
estimated to be equal to the obligational authority used by
the Army Corps of Engineers for modernizing the Washington
Aqueduct at the time that each series of contracts is
entered into.
(C) Other conditions.--Each contract entered into under
subparagraph (A) shall--
(i) provide that the public water supply customer pledges
future income from fees assessed to operate and maintain the
Washington Aqueduct;
(ii) provide the United States priority over all other
creditors; and
(iii) include other conditions that the Secretary of the
Treasury determines to be appropriate.
(3) Borrowing authority.--Subject to an appropriation under
paragraph (1)(B) and after entering into a series of
contracts under paragraph (2), the Secretary, acting through
the Chief of Engineers of the Army Corps of Engineers, shall
seek borrowing authority from the Secretary of the Treasury
under paragraph (1)(B).
(4) Definitions.--In this subsection:
(A) Public water supply customer.--The term ``public water
supply customer'' means the District of Columbia, the county
of Arlington, Virginia, and the city of Falls Church,
Virginia.
(B) Value to the government.--The term ``value to the
Government'' means the net present value of a contract under
paragraph (2) calculated under the rules set forth in
subparagraphs (A) and (B) of section 502(5) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(5)),
excluding section 502(5)(B)(i) of such Act, as though the
contracts provided for the repayment of direct loans to the
public water supply customers.
(C) Washington aqueduct.--The term ``Washington Aqueduct''
means the water supply system of treatment plants, raw water
intakes, conduits, reservoirs, transmission mains, and
pumping stations owned by the Federal Government located in
the metropolitan Washington, District of Columbia, area.
(b) Drinking Water Advisory Council.--The second sentence
of section 1446(a) (42 U.S.C. 300j-6(a)) is amended by
inserting before the period at the end the following: ``, of
which two such members shall be associated with small, rural
public water systems''.
(c) Short Title.--
(1) In general.--The title (42 U.S.C. 1401 et seq.) is
amended by inserting after the title heading the following:
``SHORT TITLE
``Sec. 1400. This title may be cited as the `Safe Drinking
Water Act'.''.
(2) Conforming amendment.--Section 1 of Public Law 93-523
(88 Stat. 1660) is amended by inserting ``of 1974'' after
``Water Act''.
[[Page H7739]]
(d) Technical Amendments to Section Headings.--
(1) The section heading and subsection designation of
subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended
to read as follows:
``PROHIBITION ON USE OF LEAD PIPES, FITTINGS, SOLDER, AND FLUX
``Sec. 1417. (a)''.
(2) The section heading and subsection designation of
subsection (a) of section 1426 (42 U.S.C. 300h-5) are amended
to read as follows:
``REGULATION OF STATE PROGRAMS
``Sec. 1426. (a)''.
(3) The section heading and subsection designation of
subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended
to read as follows:
``SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM
``Sec. 1427. (a)''.
(4) The section heading and subsection designation of
subsection (a) of section 1428 (42 U.S.C. 300h-7) are amended
to read as follows:
``STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS
``Sec. 1428. (a)''.
(5) The section heading and subsection designation of
subsection (a) of section 1432 (42 U.S.C. 300i-1) are amended
to read as follows:
``TAMPERING WITH PUBLIC WATER SYSTEMS
``Sec. 1432. (a)''.
(6) The section heading and subsection designation of
subsection (a) of section 1451 (42 U.S.C. 300j-11) are
amended to read as follows:
``INDIAN TRIBES
``Sec. 1451. (a)''.
(7) The section heading and first word of section 1461 (42
U.S.C. 300j-21) are amended to read as follows:
``DEFINITIONS
``Sec. 1461. As''.
(8) The section heading and first word of section 1462 (42
U.S.C. 300j-22) are amended to read as follows:
``RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS
``Sec. 1462. For''.
(9) The section heading and subsection designation of
subsection (a) of section 1463 (42 U.S.C. 300j-23) are
amended to read as follows:
``DRINKING WATER COOLERS CONTAINING LEAD
``Sec. 1463. (a)''.
(10) The section heading and subsection designation of
subsection (a) of section 1464 (42 U.S.C. 300j-24) are
amended to read as follows:
``LEAD CONTAMINATION IN SCHOOL DRINKING WATER
``Sec. 1464. (a)''.
(11) The section heading and subsection designation of
subsection (a) of section 1465 (42 U.S.C. 300j-25) are
amended to read as follows:
``FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD CONTAMINATION IN
SCHOOL DRINKING WATER
``Sec. 1465. (a)''.
(e) Prevention and Control of Zebra Mussel Infestation of
Lake Champlain.--
(1) Findings.--Section 1002(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4701(a)) is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) the zebra mussel was discovered on Lake Champlain
during 1993 and the opportunity exists to act quickly to
establish zebra mussel controls before Lake Champlain is
further infested and management costs escalate.''.
(2) Ex officio members of aquatic nuisance species task
force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is
amended by inserting ``, the Lake Champlain Basin Program,''
after ``Great Lakes Commission''.
(3) Aquatic nuisance species program.--Subsections (b)(6)
and (i)(1) of section 1202 of such Act (16 U.S.C. 4722) is
amended by inserting ``, Lake Champlain,'' after ``Great
Lakes'' each place it appears.
(4) Authorization of appropriations.--Section 1301(b) of
such Act (16 U.S.C. 4741(b)) is amended--
(A) in paragraph (3), by inserting ``, and the Lake
Champlain Research Consortium,'' after ``Laboratory''; and
(B) in paragraph (4)(A)--
(i) by inserting after ``(33 U.S.C. 1121 et seq.)'' the
following: ``and grants to colleges for the benefit of
agriculture and the mechanic arts referred to in the first
section of the Act of August 30, 1890 (26 Stat 417, chapter
841; 7 U.S.C. 322)''; and
(ii) by inserting ``and the Lake Champlain basin'' after
``Great Lakes region''.
(f) Southwest Center for Environmental Research and
Policy.--
(1) Establishment of center.--The Administrator of the
Environmental Protection Agency shall take such action as may
be necessary to establish the Southwest Center for
Environmental Research and Policy (hereinafter referred to as
``the Center'').
(2) Members of the center.--The Center shall consist of a
consortium of American and Mexican universities, including
New Mexico State University; the University of Utah; the
University of Texas at El Paso; San Diego State University;
Arizona State University; and four educational institutions
in Mexico.
(3) Functions.--Among its functions, the Center shall--
(A) conduct research and development programs, projects and
activities, including training and community service, on
United States-Mexico border environmental issues, with
particular emphasis on water quality and safe drinking water;
(B) provide objective, independent assistance to the EPA
and other Federal, State and local agencies involved in
environmental policy, research, training and enforcement,
including matters affecting water quality and safe drinking
water throughout the southwest border region of the United
States; and
(C) help to coordinate and facilitate the improvement of
environmental policies and programs between the United States
and Mexico, including water quality and safe drinking water
policies and programs.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator $10,000,000 for each
of the fiscal years 1996 through 2003 to carry out the
programs, projects and activities of the Center. Funds made
available pursuant to this paragraph shall be distributed by
the Administrator to the university members of the Center
located in the United States.
(g) Estrogenic Substances Screening Program.--
(1) Development.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall develop
a screening program, using appropriate validated test
systems, to determine whether certain substances may have an
effect in humans that is similar to an effect produced by a
naturally occurring estrogen, or such other endocrine effect
as the Administrator may designate.
(2) Implementation.--Not later than 2 years after the date
of enactment of this subsection, after obtaining review of
the screening program described in paragraph 1 by the
scientific advisory panel established under section 25(d) of
the Act of June 25, 1947 (chapter 125), and the Science
Advisory Board established by section 8 of the Environmental
Research, Development, and Demonstration Act of 1978 (42
U.S.C. 4365), the Administrator shall implement the program.
(3) Substances.--In carrying out the screening program
described in paragraph (1), the Administrator shall provide
for the testing of all active and inert ingredients used in
products described in section 103(e) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9603(e)), and may provide for the testing of
any other substance if the Administrator determines that a
widespread population may be exposed to the substance.
(4) Exemption.--Notwithstanding paragraph (3), the
Administrator may, by regulation, exempt from the
requirements of this subsection a biologic substance or other
substance if the Administrator determines that the substance
does not have any effect in humans similar to an effect
produced by a naturally occurring estrogen.
(5) Collection of information.--
(A) In general.--The Administrator shall issue an order to
a person that manufactures a substance for which testing is
required under this subsection to conduct testing in
accordance with the screening program described in paragraph
(1), and submit information obtained from the testing to the
Administrator, within a time period that the Administrator
determines is sufficient for the generation of the
information.
(B) Failure to submit information.--
(i) Suspension.--If a person referred to in subparagraph
(A) fails to submit the information required under such
subparagraph within the time period established by the order,
the Administrator shall issue a notice of intent to suspend
the sale or distribution of the substance by the person. Any
suspension proposed under this subparagraph shall become
final at the end of the 30-day period beginning on the date
that the person receives the notice of intent to suspend,
unless during that period a person adversely affected by the
notice requests a hearing or the Administrator determines
that the person referred to in subparagraph (A) has complied
fully with this paragraph.
(ii) Hearing.--If a person requests a hearing under clause
(i), the hearing shall be conducted in accordance with
section 554 of title 5, United States Code. The only matter
for resolution at the hearing shall be whether the person has
failed to submit information required under this paragraph. A
decision by the Administrator after completion of a hearing
shall be considered to be a final agency action.
(iii) Termination of suspensions.--The Administrator shall
terminate a suspension under this subparagraph issued with
respect to a person if the Administrator determines that the
person has complied fully with this paragraph.
(6) Agency action.--In the case of any substance that is
found to have a potential adverse effect on humans as a
result of testing and evaluation under this subsection, the
Administrator shall take such action, including appropriate
regulatory action by rule or by order under statutory
authority available to the Administrator, as is necessary to
ensure the protection of public health.
[[Page H7740]]
(7) Report to congress.--Not later than 4 years after the
date of enactment of this subsection, the Administrator shall
prepare and submit to Congress a report containing--
(A) the findings of the Administrator resulting from the
screening program described in paragraph (1);
(B) recommendations for further testing and research needed
to evaluate the impact on human health of the substances
tested under the screening program; and
(C) recommendations for any further actions (including any
action described in paragraph (6)) that the Administrator
determines are appropriate based on the findings.
(h) Grants to Alaska to Improve Sanitation in Rural and
Native Villages.--
(1) In general.--The Administrator of the Environmental
Protection Agency may make grants to the State of Alaska for
the benefit of rural and Native villages in Alaska to pay the
Federal share of the cost of--
(A) the development and construction of water and
wastewater systems to improve the health and sanitation
conditions in the villages; and
(B) training, technical assistance, and educational
programs relating to the operation and management of
sanitation services in rural and Native villages.
(2) Federal share.--The Federal share of the cost of the
activities described in paragraph (1) shall be 50 percent.
(3) Administrative expenses.--The State of Alaska may use
an amount not to exceed 4 percent of any grant made available
under this subsection for administrative expenses necessary
to carry out the activities described in paragraph (1).
(4) Consultation with the state of alaska.--The
Administrator shall consult with the State of Alaska on a
method of prioritizing the allocation of grants under
paragraph (1) according to the needs of, and relative health
and sanitation conditions in, each eligible village.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary for each of the
fiscal years 1996 through 2003 to carry out this subsection.
(i) Assistance to Colonias.--
(1) Definitions.--As used in this subsection--
(A) Eligible community.--The term ``eligible community''
means a low-income community with economic hardship that--
(i) is commonly referred to as a colonia;
(ii) is located along the United States-Mexico border
(generally in an unincorporated area); and
(iii) lacks basic sanitation facilities such as a safe
drinking water supply, household plumbing, and a proper
sewage disposal system.
(B) Border state.--The term ``border State'' means Arizona,
California, New Mexico and Texas.
(C) Treatment works.--The term ``treatment works'' has the
meaning provided in section 212(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1292(2)).
(2) Grants to alleviate health risks.--The Administrator of
the Environmental Protection Agency and the heads of other
appropriate Federal agencies are authorized to award grants
to any appropriate entity or border State to provide
assistance to eligible communities for--
(A) the conservation, development, use and control
(including the extension or improvement of a water
distribution system) of water for the purpose of supplying
drinking water; and
(B) the construction or improvement of sewers and treatment
works for wastewater treatment.
(3) Use of funds.--Each grant awarded pursuant to paragraph
(2) shall be used to provide assistance to one or more
eligible community with respect to which the residents are
subject to a significant health risk (as determined by the
Administrator or the head of the Federal agency making the
grant) attributable to the lack of access to an adequate and
affordable drinking water supply system or treatment works
for wastewater.
(4) Operation and maintenance.--The Administrator and the
heads of other appropriate Federal agencies, other entities
or border States are authorized to use funds appropriated
pursuant to this subsection to operate and maintain a
treatment works or other project that is constructed with
funds made available pursuant to this subsection.
(5) Plans and specifications.--Each treatment works or
other project that is funded by a grant awarded pursuant to
this subsection shall be constructed in accordance with plans
and specifications approved by the Administrator, the head of
the Federal agency making the grant, or the border State in
which the eligible community is located. The standards for
construction applicable to a treatment works or other project
eligible for assistance under title II of the Federal Water
Pollution Control Act (33 U.S.C. 1281 et seq.) shall apply to
the construction of a treatment works or project under this
subsection in the same manner as the standards apply under
such title.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
may be necessary for fiscal years 1996 through 2003.
motion offered by mr. bililey
Mr. BILILEY. Mr. Speaker, I offer a motion.
The Clerk read as follows:
Mr. Bliley moves to strike all after the enacting clause of
S. 1316 and insert in lieu thereof the text of H.R. 3604 as
passed by the Hosue, as follows:
[Bill not available at time of printing. Will be printed in
a future issue of the Record.]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia [Mr. Bliley].
The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed.
The title of the Senate bill was amended so as to read: ``A bill to
amend title XIV of the Public Health Service Act (the ``Safe Drinking
Water Act'') and for other purposes.''
A motion to reconsider was laid on the table.
A similar House bill (H.R. 3604) laid on the table.
Appointment of Conferees on S. 1316
Mr. BLILEY. Mr. Speaker, I ask unanimous consent that the House
insist on its amendments to the Senate bill, S. 1316, and request a
conference with the Senate thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Motion to Instruct Offered by Mr. Stupak
Mr. STUPAK. Mr. Speaker, I offer a motion to instruct.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Stupak moves that the managers on the part of the House
at the conference on the disagreeing votes of the two Houses
on the House amendment to the bill S. 1316 be instructed to
insist upon the provisions contained in section 506 of the
House amendment.
The SPEAKER pro tempore. The gentleman from Virginia [Mr. Bliley]
will be recognized for 30 minutes, and the gentleman from Michigan [Mr.
Stupak] will be recognized for 30 minutes.
The Chair recognizes the gentleman from Michigan [Mr. Stupak].
{time} 1730
Mr. STUPAK. Mr. Speaker, if I may, after I make my statement I ask
unanimous consent that any remaining time I have be controlled by the
gentleman from Michigan [Mr. Dingell].
The SPEAKER pro tempore (Mr. Barrett of Nebraska). Is there objection
to the request of the gentleman from Michigan?
There was no objection.
Mr. STUPAK. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the subject of this motion to instruct is critical to
the success of this conference.
On June 25, 1996, I came to the floor prepared to unequivocally
support a bill that protects the environment and provides needed
flexibility for local governments.
I was very concerned to learn that $375 million in earmarks were
added to the agreed upon bi-partisan bill.
I introduced into the Record the administration's position on these
earmarks. The administration position states, ``The administration * *
* strongly opposes the provisions added in title V which would
jeopardize public health and undermine the SRF by limiting states'
flexibility to prioritize project funding.''
In addition to inserting this statement, I engaged the gentleman from
New York, the chairman of the Water Resources and Environment
Subcommittee in a colloquy on this issue. He pledged to maintain the
75-percent trigger in the final conference report.
By supporting this motion, the Members of the House will show their
agreement with the gentleman from New York. Please do not let an urgent
bill like the Safe Drinking Water Act fall prey to backroom pork
politics. I urge the Members of the House to support this motion.
Mr. Speaker, I reserve the balance of my time.
Mr. BLILEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak on the motion to instruct conferees.
As my colleagues are aware, H.R. 3604 contains an authorization for a
new State Revolving Fund for drinking water projects. This program will
provide States with grants which they can use to make loans to public
water systems to comply with the requirements of the Safe Drinking
Water Act.
[[Page H7741]]
This SRF will go a long way to address the fact that the Safe
Drinking Water Act imposes significant costs on States and local
governments. H.R. 3604 makes other changes in the Safe Drinking Water
Act to improve the cost-effectiveness of drinking water regulations.
But the fact is that we will continue to need regulations for
contaminants in drinking water, so we need this new SRF to help States
and local governments pay for the costs of those regulations.
This bill also contains authorization for several grant programs
which were developed by the Transportation Committee. The largest of
these grant programs would authorize $50 million a year for other types
of water projects. The bill contains a provision that says that these
grant programs should not be funded unless and until the State
Revolving Fund receives at least 75 percent of the authorized amounts.
This is to ensure that the new State Revolving Fund for public water
systems, which is important to the success of the Safe Drinking Water
Act program, does not wither away for lack of funding.
It is my understanding that this motion to instruct conferees simply
urges support for the 75 percent funding condition in the House bill. I
support this provision and urge my colleagues to support the motion to
instruct.
Mr. Speaker, I reserve the balance of my time.
Mr. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, this motion instructs the House conferees
to stand by the firewall provisions of the House safe drinking water
bill. The provisions protect the funds established for State-selected
and State-controlled safe drinking water projects from any raids to
funds from congressionally directed construction projects added to this
bill at the last minute by the House leadership. Those cholesterol-rich
pork provisions should be a matter of legitimate concern to every
Member of this body.
While not everyone will agree with my assessment that these projects
are 100 percent U.S. certified pork high in cholesterol, there is
fortunately no dispute that they should not receive one cent of funding
unless and until the State drinking water revolving fund is capitalized
at sufficient levels.
Luckily there is language in this bill which passes the House that
provides some firewall protection. I commend my colleagues on the
Committee on Transportation and Infrastructure for agreeing to include
this language. My motion to instruct makes it clear that the conferees
not forget this explicit commitment in the House-passed bill.
Mr. Speaker, 3 weeks ago the House passed a bipartisan
reauthorization of the safe Drinking Water Act. This measure makes
necessary improvements to the act to ensure that the drinking water of
this country is safe today and safe in the future. This measure will
improve protection of our drinking water from microbiological
contaminants that cause acute illnesses, even death, from single
exposures. This measure will reduce the exposures to carcinogens, to
endocrine disrupters and other long-term human health threats.
The bill gives the States and the water districts unprecedented
flexibility to customize their own safe drinking water programs to meet
individual needs in their own special circumstances, but with this
progress and with this flexibility will come increased responsibility
for the States and for the water districts and other suppliers of water
to the communities. For this reason the House bill creates a State
revolving fund to help the States and localities to meet the costs of
complying with the Safe Drinking Water Act. This State revolving fund
is authorized to be funded at $1 billion a year through the year 2003.
The fund is to be divided between the States by an objective formula.
States can use money for grants and loans to their own water districts
under rules that focus the money on projects that address the most
serious health risks, ensure compliance with the Safe Drinking Water
Act and assist the several water districts in the States with the
greatest need on a per household basis.
Contrasted with this fair and impartial program are $375 million in
grants. These were added behind closed doors in dark secrecy to fund
projects selected on the basis of pure raw politics. Under this program
some 14 projects have already been earmarked. Of these 14 a few
represent honest high priorities. Many include water totally unrelated
to the Safe Drinking Water Act. Not surprising to observe, the
overwhelming majority of these projects are for Republican Members
including some of the freshmen from marginal districts.
Now, I want to be very clear with my colleagues on the subcommittee
and full Committee on Transportation and Infrastructure. I do not
object to Congress properly funding important and desirable projects to
the districts of Members. As was pointed out in the debate on the bill
itself, my own district has been receiving funds for water projects and
other projects which I and my constituents are properly grateful for.
But I do think that it is appropriate to raise questions when these
projects are inserted without hearings, without cost-benefit analysis
and under the cover of darkness rather than in the open light of day
and only as an exercise of pure political muscle, and the bill is
totally unrelated for the purposes of these projects themselves.
Mr. Speaker, as everyone knows, there is a limited pot of money
available for all of our Federal programs. That includes in a very
special way the monies available for drinking water assistance. In
fact, while the fund is authorized at $1 billion annually, the
administration budget provides only $550 million next year, and the
Republicans here cut $100 million from that amount leaving a badly
starved fund desperately needed by the States and local units of
government for the improvement of drinking water safety for the people
of this country.
Without some protections, some of the conferees may be tempted to
divert some of the money from the drinking water fund so that pet
projects selected for no reason other than the political value to
particular Members will indeed be funded.
Luckily there is a modest sense of shame left in this body. The
proponents of the raid have included language which provides that there
will not be any luau, and for the benefit of my colleagues, that is a
big Hawaiian dinner where roast pork is served as a principle diet, to
consume this scrumptious pork unless and until the drinking water State
revolving fund receives an appropriation equal to 75 percent of its
authorization. That is the language that this motion addresses.
We are saying to our colleagues on the conference committee, do not
make any changes in the firewall. At least have the shame not to go
further.
I might add that this instruction becomes all the more crucial given
the unprecedented structure that the leadership has created for this
conference. In a movement that to the best of my knowledge has never
seen any precedent in the House outside of tax legislation, the
leadership will make the sponsors of these special projects the
exclusive conferees on these provisions. That makes, in other words,
the fox the guardian of the hen roost.
We ask the Parliamentarians to give us a list of the bills in this or
other Congresses in which such extraordinary and remarkable
appointments have been made naming as exclusive or even majority
conferees a committee that was not the primary committee on the
jurisdiction of the bill. Thus far we have been shown no other
examples, and our research finds none. This leaves me to conclude that
this was merely an exercise of raw and unadulterated power by the
Speaker with no principle basis in the precedents of the House to
support it. I trust therefore that it will lack future Presidential
value.
What it means in practical terms is that there will be no conference
report and no safe drinking water bill enacted into law until the
conferees from the Committee on Transportation and Infrastructure have
gotten everything they want. That is a holdup, and it is quite
shameful.
I want to remind my colleagues we face a critical deadline on this
bill. If it is not on the President's desk and signed into law by
August 1, there will be a $750 million loss in safe drinking water
funds to several States. The
[[Page H7742]]
money will not disappear. It will simply spill over into the funding of
the Clean Water Act. While I do not doubt that it could be put to
good use there, I believe that our States and our local water systems
and ultimately the ratepayers want this money used for the safe
drinking water revolving fund established by this bill. Thus the sole
guardians of the firewall provisions will by the very individuals whose
projects received dollar one if the firewall is to be stripped out. I
hope our colleagues on the Committee on Transportation and
Infrastructure will work with us to ensure quick conference, a quick
resolution and a fair and a proper result.
With the firewall in place, the revolving fund should be largely
shielded; and with this motion to instruct, the firewall should remain
in place. We would then hopefully have a bill that both sides of this
House will be proud of. It will also be a bill that can and will be
signed by the President.
We can still pass this bill by August 1. I urge my colleagues to join
me in voting for this motion to instruct the conferees.
I reserve the balance of my time, Mr. Speaker.
Mr. BLILEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida [Mr. Bilirakis].
Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman from Virginia [Mr.
Bliley] for yielding this time to me, and I rise to speak on the motion
to instruct.
I think the motion reflects the understandings reached concerning the
inclusion of title V within H.R. 3604, the bill to amend and
reauthorize the Safe Drinking Water Act approved by the Commerce
Committee.
In general, H.R. 3604 provides for a new State revolving fund--or
SRF. The express purpose of the SRF is to provide loans and loan
guarantees for expenditures that will facilitate compliance with
national drinking water standards. SRF funds may only be used for
compliance efforts or for other efforts that would significantly
further the health protection objectives of the Safe Drinking Water
Act.
EPA has estimated that $8.6 billion is currently needed to bring
public water systems into compliance with current standards. H.R. 3604
will go a long ways toward meeting this needs, but the fund needs to be
insulated from demands which could compete with its basic purpose.
The language offered in the motion to instruct merely reflects the
desire expressed by the Transportation and Infrastructure Committee to
similarly protect the SRF. Statutory language to this effect was
included in H.R. 2747, a bill reported from the Transportation and
Infrastructure Committee to provide water supply infrastructure
assistance. H.R. 3604 adopted nearly identical provisions. I therefore
urge the adoption of the motion to instruct by the full House of
Representatives.
Mr. BLILEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York [Mr. Boehlert], a member of the Committee on Transportation and
Infrastructure.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
{time} 1745
Mr. BOEHLERT. Mr. Speaker, I thank my colleague for yielding time to
me.
Mr. Speaker, the gentleman's motion is a motion to instruct the House
conferees to express the House position, a position developed by the
Committee on Transportation and Infrastructure, so it is always a
pleasure for me to stand on the floor of this House and to thank my
colleague, the distinguished gentleman from Michigan [Mr. Dingell],
when he is endorsing a position taken by the subcommittee that I am
privileged to chair.
I do not have a problem with his language, not at all. Our committee
included that language regarding the 75-percent trigger in the safe
drinking water bill precisely to address the same type of concerns,
real or perceived, that the gentleman has raised. Title V of the House-
passed drinking water bill will supplement, not undermine, let me
stress that, supplement, not undermine the State revolving fund.
Everyone agrees our priorities should be to capitalize the State
revolving fund. The 75-percent trigger is just one of several
safeguards to ensure this remains a priority.
Once again, Mr. Speaker, I want to repeat, I am pleased to stand on
this floor and thank the gentleman from Michigan, the senior Democrat
on the Committee on Commerce, for recognizing the work of the Committee
on Transportation and Infrastructure. It is through these partnerships
that we address a very important national problem and get some results.
I want to comfort my colleague by reminding him that there are no
earmarks in this bill, that the funding is contingent upon Congress
first appropriating adequate amounts for the State revolving fund, and
the grants program is intended for hardship communities and areas. My
distinguished colleague, the gentleman from Michigan, I think would
agree that they are the communities that deserve the most consideration
as we try to go forward and guarantee a cleaner, safer, healthier
environment for all Americans.
We have worked well together, and I am pleased to support the
gentleman's instructions.
Mr. DINGELL. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BLILEY. Mr. Speaker, I urge an ``aye'' vote, and I yield back the
balance of my time.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). Without objection,
the previous question is ordered on the motion.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to instruct
offered by the gentleman from Michigan [Mr. Stupak].
The motion to instruct was agreed to.
The SPEAKER pro tempore. Without objection, the Chair appoints the
following conferees:
From the Committee on Commerce, for consideration of the Senate bill
(except for sections 28(a) and 28(e)) and the House amendment (except
for title V), and modifications committed to conference: Messrs.
Bliley, Bilirakis, Crapo, Bilbray, Dingell, Waxman, and Stupak.
From the Committee on Commerce, for consideration of sections 28(a)
and 28(e) of the Senate bill, and modifications committed to
conference: Messrs. Bliley, Bilirakis, and Dingell.
As additional conferees from the Committee on Science, for
consideration of that portion of section 3 that adds a new section 1478
and sections 23, 25(f), and 28(f) of the Senate bill, and that portion
of section 308 that adds a new section 1452(n) and section 402 and
title VI of the House amendment, and modifications committed to
conference: Messrs. Walker, Rohrabacher, and Roemer.
As additional conferees from the Committee on Transportation and
Infrastructure, for the consideration of that portion of section 3 that
adds a new section 1471(c) and sections 9, 17, 22(d), 25(a), 25(g),
28(a), 28(e), 28(h), and 28(i) of the Senate bill, and title V of the
House amendment and modifications committed to conference: Messrs.
Shuster, Boehlert, Wamp, Borski, and Menendez, provided, Mr. Blute is
appointed in lieu of Mr. Wamp for consideration of title V of the House
amendment.
There was no objection.
____________________