[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Enrolled Bill (ENR)]
S.1316
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To reauthorize and amend title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act''), and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Safe Drinking
Water Act Amendments of 1996''.
(b) Table of Contents.--

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TITLE I

-AMENDMENTS TO SAFE DRINKING WATER ACT

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TITLE III

-MISCELLANEOUS PROVISIONS

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(a) References to Safe Drinking Water 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 that 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.).
(b) Effective Date.--Except as otherwise specified in this Act or
in the amendments made by this Act, this Act and the amendments made by
this Act shall take effect on the date of enactment of this Act.
(c) Disclaimer.--Except for the provisions of section 302 (relating
to transfers of funds), nothing in this Act or in any amendments made
by this Act to title XIV of the Public Health Service Act (commonly
known as the ``Safe Drinking Water Act'') or any other law shall be
construed by the Administrator of the Environmental Protection Agency
or the courts as affecting, modifying, expanding, changing, or
altering--
(1) the provisions of the Federal Water Pollution Control Act;
(2) the duties and responsibilities of the Administrator under
that Act; or
(3) the regulation or control of point or nonpoint sources of
pollution discharged into waters covered by that Act.
The Administrator shall identify in the agency's annual budget all
funding and full-time equivalents administering such title XIV
separately from funding and staffing for the Federal Water Pollution
Control Act.

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TITLE V

-CLERICAL AMENDMENTS

The Congress finds that--
(1) safe drinking water is essential to the protection of
public health;
(2) because the requirements of 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 maintaining and improving
its 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 selection of
additional drinking water contaminants needs to be revised and
improved to ensure that there is a sound scientific basis for
setting priorities in establishing drinking water regulations;
(6) procedures for assessing the health effects of contaminants
establishing drinking water standards should be revised to provide
greater opportunity for public education and participation;
(7) in considering the appropriate level of regulation for
contaminants in drinking water, risk assessment, based on sound and
objective science, and benefit-cost analysis are important
analytical 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;
(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
(C) prevention of drinking water contamination through
well-trained system operators, water systems with adequate
managerial, technical, and financial capacity, and enhanced
protection of source waters of public water systems;
(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; and
(10) consumers served by public water systems should be
provided with information on the source of the water they are
drinking and its quality and safety, as well as prompt notification
of any violation of drinking water regulations.

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(a) In General.--Section 1401 (42 U.S.C. 300f) is amended as
follows:
(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. Such 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 section 1452, the term `State' means each
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
(3) In paragraph (14), by adding at the end the following:
``For purposes of section 1452, the term includes any Native
village (as defined in section 3(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(c))).''.
(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
as follows:
(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, cooking, and bathing is centrally treated
or treated at the point of entry by the provider, a
pass-through entity, or the user to achieve the
equivalent level of protection provided by the
applicable national primary drinking water regulations.
``(ii) Irrigation districts.--An irrigation district in
existence prior to May 18, 1994, that provides primarily
agricultural service through a piped water system with only
incidental residential or similar use shall not be
considered to be a public water system if the system or the
residential or similar users of the system comply with
subclause (II) or (III) of clause (i).
``(C) Transition period.--A water supplier that would be a
public water system only as a result of modifications made to
this paragraph by the Safe Drinking Water Act Amendments of
1996 shall not be considered a public water system for purposes
of the Act until the date that is two years after the date of
enactment of this subparagraph. If a water supplier does not
serve 15 service connections (as defined in subparagraphs (A)
and (B)) or 25 people at any time after the conclusion of the
2-year period, the water supplier shall not be considered a
public water system.''.
(2) GAO study.--The Comptroller General of the United States
shall undertake a study to--
(A) ascertain the numbers and locations of individuals and
households relying for their residential water needs, including
drinking, bathing, and cooking (or other similar uses) on
irrigation water systems, mining water systems, industrial
water systems, or other water systems covered by section
1401(4)(B) of the Safe Drinking Water Act that are not public
water systems subject to the Safe Drinking Water Act;
(B) determine the sources and costs and affordability (to
users and systems) of water used by such populations for their
residential water needs; and
(C) review State and water system compliance with the
exclusion provisions of section 1401(4)(B) of such Act.
The Comptroller General shall submit a report to the Congress
within 3 years after the date of enactment of this Act containing
the results of such study.

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(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, in
accordance with the procedures established by this subsection,
publish a maximum contaminant level goal and promulgate a
national primary drinking water regulation for a contaminant
(other than a contaminant referred to in paragraph (2) for
which a national primary drinking water regulation has been
promulgated as of the date of enactment of the Safe Drinking
Water Act Amendments of 1996) if the Administrator determines
that--
``(i) the contaminant may have an adverse effect on the
health of persons;
``(ii) the contaminant is known to occur or there is a
substantial likelihood that the contaminant will occur in
public water systems with a frequency and at levels of
public health concern; and
``(iii) in the sole judgment of the Administrator,
regulation of such contaminant presents a meaningful
opportunity for health risk reduction for persons served by
public water systems.
``(B) Regulation of unregulated contaminants.--
``(i) Listing of contaminants for consideration.--(I)
Not later than 18 months after the date of enactment of the
Safe Drinking Water Act Amendments of 1996 and every 5
years thereafter, the Administrator, after consultation
with the scientific community, including the Science
Advisory Board, after notice and opportunity for public
comment, and after considering the occurrence data base
established under section 1445(g), shall publish a list of
contaminants which, at the time of publication, are not
subject to any proposed or promulgated national primary
drinking water regulation, which are known or anticipated
to occur in public water systems, and which may require
regulation under this title.
``(II) The unregulated contaminants considered under
subclause (I) shall include, but not be limited to,
substances referred to in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and substances registered as
pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act.
``(III) The Administrator's decision whether or not to
select an unregulated contaminant for a list under this
clause shall not be subject to judicial review.
``(ii) Determination to regulate.--(I) Not later than 5
years after the date of enactment of the Safe Drinking
Water Act Amendments of 1996, and every 5 years thereafter,
the Administrator shall, after notice of the preliminary
determination and opportunity for public comment, for not
fewer than 5 contaminants included on the list published
under clause (i), make determinations of whether or not to
regulate such contaminants.
``(II) A determination to regulate a contaminant shall
be based on findings that the criteria of clauses (i),
(ii), and (iii) of subparagraph (A) are satisfied. Such
findings shall be based on the best available public health
information, including the occurrence data base established
under section 1445(g).
``(III) The Administrator may make a determination to
regulate a contaminant that does not appear on a list under
clause (i) if the determination to regulate is made
pursuant to subclause (II).
``(IV) A determination under this clause not to
regulate a contaminant shall be considered final agency
action and subject to judicial review.
``(iii) Review.--Each document setting forth the
determination for a contaminant under clause (ii) shall be
available for public comment at such time as the
determination is published.
``(C) Priorities.--In selecting unregulated contaminants
for consideration under subparagraph (B), the Administrator
shall select contaminants that present the greatest public
health concern. The Administrator, in making such selection,
shall take into consideration, among other factors of public
health concern, the effect of such contaminants upon subgroups
that comprise a meaningful portion of the general population
(such as infants, children, pregnant women, the elderly,
individuals with a history of serious illness, or other
subpopulations) that are identifiable as being at greater risk
of adverse health effects due to exposure to contaminants in
drinking water than the general population.
``(D) Urgent threats to public health.--The Administrator
may promulgate an interim national primary drinking water
regulation for a contaminant without making a determination for
the contaminant under paragraph (4)(C), or completing the
analysis under paragraph (3)(C), to address an urgent threat to
public health as determined by the Administrator after
consultation with and written response to any comments provided
by the Secretary of Health and Human Services, acting through
the director of the Centers for Disease Control and Prevention
or the director of the National Institutes of Health. A
determination for any contaminant in accordance with paragraph
(4)(C) subject to an interim regulation under this subparagraph
shall be issued, and a completed analysis meeting the
requirements of paragraph (3)(C) shall be published, not later
than 3 years after the date on which the regulation is
promulgated and the regulation shall be repromulgated, or
revised if appropriate, not later than 5 years after that date.
``(E) Regulation.--For each contaminant that the
Administrator determines to regulate under subparagraph (B),
the Administrator shall publish maximum contaminant level goals
and promulgate, by rule, national primary drinking water
regulations under this subsection. The Administrator shall
propose the maximum contaminant level goal and national primary
drinking water regulation for a contaminant not later than 24
months after the determination to regulate under subparagraph
(B), and may publish such proposed regulation concurrent with
the determination to regulate. The Administrator shall publish
a maximum contaminant level goal and promulgate a national
primary drinking water regulation within 18 months after the
proposal thereof. The Administrator, by notice in the Federal
Register, may extend the deadline for such promulgation for up
to 9 months.
``(F) Health advisories and other actions.--The
Administrator may publish health advisories (which are not
regulations) or take other appropriate actions for contaminants
not subject to any national primary drinking water regulation.
``(2) Schedules and deadlines.--
``(A) In general.--In the case of the contaminants listed
in the Advance Notice of Proposed Rulemaking published in
volume 47, Federal Register, page 9352, and in volume 48,
Federal Register, page 45502, the Administrator shall publish
maximum contaminant level goals and promulgate national primary
drinking water regulations--
``(i) not later than 1 year after June 19, 1986, for
not fewer than 9 of the listed contaminants;
``(ii) not later than 2 years after June 19, 1986, for
not fewer than 40 of the listed contaminants; and
``(iii) not later than 3 years after June 19, 1986, for
the remainder of the listed contaminants.
``(B) Substitution of contaminants.--If the Administrator
identifies a drinking water contaminant the regulation of
which, in the judgment of the Administrator, is more likely to
be protective of public health (taking into account the
schedule for regulation under subparagraph (A)) than a
contaminant referred to in subparagraph (A), the Administrator
may publish a maximum contaminant level goal and promulgate a
national primary drinking water regulation for the identified
contaminant in lieu of regulating the contaminant referred to
in subparagraph (A). Substitutions may be made for not more
than 7 contaminants referred to in subparagraph (A). Regulation
of a contaminant identified under this subparagraph shall be in
accordance with the schedule applicable to the contaminant for
which the substitution is made.
``(C) Disinfectants and disinfection byproducts.--The
Administrator shall promulgate an Interim Enhanced Surface
Water Treatment Rule, a Final Enhanced Surface Water Treatment
Rule, a Stage I Disinfectants and Disinfection Byproducts Rule,
and a Stage II Disinfectants and Disinfection Byproducts Rule
in accordance with the schedule published in volume 59, Federal
Register, page 6361 (February 10, 1994), in table III.13 of the
proposed Information Collection Rule. If a delay occurs with
respect to the promulgation of any rule in the schedule
referred to in this subparagraph, all subsequent rules shall be
completed as expeditiously as practicable but no later than a
revised date that reflects the interval or intervals for the
rules in the schedule.''.
(b) Applicability of Prior Requirements.--The requirements of
subparagraphs (C) and (D) of section 1412(b)(3) of the Safe Drinking
Water Act as in effect before the date of enactment of this Act, and
any obligation to promulgate regulations pursuant to such subparagraphs
not promulgated as of the date of enactment of this Act, are superseded
by the amendments made by subsection (a).
(c) Conforming Amendments.--(1) Section 1415(d) (42 U.S.C. 300g-
4(d)) is amended by striking ``1412(b)(3)'' and inserting ``1412(b)''.
(2) Section 1412(a)(3) (42 U.S.C. 300g-1(a)(3)) is amended by
striking ``paragraph (1), (2), or (3) of'' in each place it appears.

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Section 1412(b) (42 U.S.C. 300g-1(b)) is 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, the Administrator shall use--
``(i) the best available, peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(ii) data collected by accepted methods or best
available methods (if the reliability of the method and the
nature of the decision justifies use of the data).
``(B) Public information.--In carrying out this section,
the Administrator shall ensure that the presentation of
information on public health effects is comprehensive,
informative, and understandable. The Administrator shall, in a
document made available to the public in support of a
regulation promulgated under this section, specify, to the
extent practicable--
``(i) each population addressed by any estimate of
public health effects;
``(ii) the expected risk or central estimate of risk
for the specific populations;
``(iii) each appropriate upper-bound or lower-bound
estimate of risk;
``(iv) each significant uncertainty identified in the
process of the assessment of public health effects and
studies that would assist in resolving the uncertainty; and
``(v) peer-reviewed studies known to the Administrator
that support, are directly relevant to, or fail to support
any estimate of public health effects and the methodology
used to reconcile inconsistencies in the scientific data.
``(C) Health risk reduction and cost analysis.--
``(i) Maximum contaminant levels.--When proposing any
national primary drinking water regulation that includes a
maximum contaminant level, the Administrator shall, with
respect to a maximum contaminant level that is being
considered in accordance with paragraph (4) and each
alternative maximum contaminant level that is being
considered pursuant to paragraph (5) or (6)(A), publish,
seek public comment on, and use for the purposes of
paragraphs (4), (5), and (6) an analysis of each of the
following:
``(I) Quantifiable and nonquantifiable health risk
reduction benefits for which there is a factual basis
in the rulemaking record to conclude that such benefits
are likely to occur as the result of treatment to
comply with each level.
``(II) Quantifiable and nonquantifiable health risk
reduction benefits for which there is a factual basis
in the rulemaking record to conclude that such benefits
are likely to occur from reductions in co-occurring
contaminants that may be attributed solely to
compliance with the maximum contaminant level,
excluding benefits resulting from compliance with other
proposed or promulgated regulations.
``(III) Quantifiable and nonquantifiable costs for
which there is a factual basis in the rulemaking record
to conclude that such costs are likely to occur solely
as a result of compliance with the maximum contaminant
level, including monitoring, treatment, and other costs
and excluding costs resulting from compliance with
other proposed or promulgated regulations.
``(IV) The incremental costs and benefits
associated with each alternative maximum contaminant
level considered.
``(V) The effects of the contaminant on the general
population and on groups within the general population
such as infants, children, pregnant women, the elderly,
individuals with a history of serious illness, or other
subpopulations that are identified as likely to be at
greater risk of adverse health effects due to exposure
to contaminants in drinking water than the general
population.
``(VI) Any increased health risk that may occur as
the result of compliance, including risks associated
with co-occurring contaminants.
``(VII) Other relevant factors, including the
quality and extent of the information, the
uncertainties in the analysis supporting subclauses (I)
through (VI), and factors with respect to the degree
and nature of the risk.
``(ii) Treatment techniques.--When proposing a national
primary drinking water regulation that includes a treatment
technique in accordance with paragraph (7)(A), the
Administrator shall publish and seek public comment on an
analysis of the health risk reduction benefits and costs
likely to be experienced as the result of compliance with
the treatment technique and alternative treatment
techniques that are being considered, taking into account,
as appropriate, the factors described in clause (i).
``(iii) Approaches to measure and value benefits.--The
Administrator may identify valid approaches for the
measurement and valuation of benefits under this
subparagraph, including approaches to identify consumer
willingness to pay for reductions in health risks from
drinking water contaminants.
``(iv) Authorization.--There are authorized to be
appropriated to the Administrator, acting through the
Office of Ground Water and Drinking Water, to conduct
studies, assessments, and analyses in support of
regulations or the development of methods, $35,000,000 for
each of fiscal years 1996 through 2003.''.

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(a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended
as follows:
(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 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
(C) 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.--
``(i) In general.--Each national''.
(5) In paragraph (4)(E)(i) (as so designated), by striking
``this paragraph'' and inserting ``this subsection''.
(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) (relating to small
system variances);
would justify the costs to the systems of complying with the
regulation. This subparagraph shall not apply if the
contaminant is found almost exclusively in small systems
eligible under section 1415(e) for a small system variance.
``(C) Disinfectants and disinfection byproducts.--The
Administrator may not use the authority of this paragraph to
establish a maximum contaminant level in a Stage I or Stage II
national primary drinking water regulation (as described in
paragraph (2)(C)) for contaminants that are disinfectants or
disinfection byproducts, or to establish a maximum contaminant
level or treatment technique requirement for the control of
cryptosporidium. The authority of this paragraph may be used to
establish regulations for the use of disinfection by systems
relying on ground water sources as required by paragraph (8).
``(D) Judicial review.--A determination by the
Administrator that the benefits of a maximum contaminant level
or treatment requirement justify or do not justify the costs of
complying with the level shall be reviewed by the court
pursuant to section 1448 only as part of a review of a final
national primary drinking water regulation that has been
promulgated based on the determination and shall not be set
aside by the court under that section unless the court finds
that the determination is arbitrary and capricious.''.
(b) Disinfectants and Disinfection Byproducts.--The Administrator
of the Environmental Protection Agency may use the authority of section
1412(b)(5) of the Safe Drinking Water Act (as amended by this Act) to
promulgate the Stage I and Stage II Disinfectants and Disinfection
Byproducts Rules as proposed in volume 59, Federal Register, page 38668
(July 29, 1994). The considerations used in the development of the July
29, 1994, proposed national primary drinking water regulation on
disinfectants and disinfection byproducts shall be treated as
consistent with such section 1412(b)(5) for purposes of such Stage I
and Stage II rules.
(c) Review of Standards.--Section 1412(b)(9) (42 U.S.C. 300g-
1(b)(9)) is amended to read as follows:
``(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.''.

bcc065dab11930620ba50a74ca093bd599ea44272f7e91419a7c322bb55e85e2

Section 1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)) is amended by
adding at the end the following:
``(ii) List of technologies for small systems.--The
Administrator shall include in the list any technology,
treatment technique, or other means that is affordable, as
determined by the Administrator in consultation with the
States, for small public water systems serving--
``(I) a population of 10,000 or fewer but more than
3,300;
``(II) a population of 3,300 or fewer but more than
500; and
``(III) a population of 500 or fewer but more than
25;
and that achieves compliance with the maximum contaminant
level or treatment technique, including packaged or modular
systems and point-of-entry or point-of-use treatment units.
Point-of-entry and point-of-use treatment units shall be
owned, controlled and maintained by the public water system
or by a person under contract with the public water system
to ensure proper operation and maintenance and compliance
with the maximum contaminant level or treatment technique
and equipped with mechanical warnings to ensure that
customers are automatically notified of operational
problems. The Administrator shall not include in the list
any point-of-use treatment technology, treatment technique,
or other means to achieve compliance with a maximum
contaminant level or treatment technique requirement for a
microbial contaminant (or an indicator of a microbial
contaminant). If the American National Standards Institute
has issued product standards applicable to a specific type
of point-of-entry or point-of-use treatment unit,
individual units of that type shall not be accepted for
compliance with a maximum contaminant level or treatment
technique requirement unless they are independently
certified in accordance with such standards. In listing any
technology, treatment technique, or other means pursuant to
this clause, the Administrator shall consider the quality
of the source water to be treated.
``(iii) List of technologies that achieve compliance.--
Except as provided in clause (v), not later than 2 years
after the date of enactment of this clause and after
consultation with the States, the Administrator shall issue
a list of technologies that achieve compliance with the
maximum contaminant level or treatment technique for each
category of public water systems described in subclauses
(I), (II), and (III) of clause (ii) for each national
primary drinking water regulation promulgated prior to the
date of enactment of this paragraph.
``(iv) Additional technologies.--The Administrator may,
at any time after a national primary drinking water
regulation has been promulgated, supplement the list of
technologies describing additional or new or innovative
treatment technologies that meet the requirements of this
paragraph for categories of small public water systems
described in subclauses (I), (II), and (III) of clause (ii)
that are subject to the regulation.
``(v) Technologies that meet surface water treatment
rule.--Within one year after the date of enactment of this
clause, the Administrator shall list technologies that meet
the Surface Water Treatment Rule for each category of
public water systems described in subclauses (I), (II), and
(III) of clause (ii).''.

91fe724e8a09eebb3df2b2f6bf16edf2418e46cfaeb18cff91b99e09e8116f0d

Section 1412(b)(7)(C) (42 U.S.C. 300g-1(b)(7)(C)) is amended by
adding the following after clause (iv):
``(v) As an additional alternative to the regulations promulgated
pursuant to clauses (i) and (iii), including the criteria for avoiding
filtration contained in 40 CFR 141.71, a State exercising primary
enforcement responsibility for public water systems may, on a case-by-
case basis, and after notice and opportunity for public comment,
establish treatment requirements as an alternative to filtration in the
case of systems having uninhabited, undeveloped watersheds in
consolidated ownership, and having control over access to, and
activities in, those watersheds, if the State determines (and the
Administrator concurs) that the quality of the source water and the
alternative treatment requirements established by the State ensure
greater removal or inactivation efficiencies of pathogenic organisms
for which national primary drinking water regulations have been
promulgated or that are of public health concern than would be achieved
by the combination of filtration and chlorine disinfection (in
compliance with this section).''.

bbf1005183d15539b1a1e6932a28079b2c3b1e8e7b202d8d537ccee3da98b864

Paragraph (8) of section 1412(b) (42 U.S.C. 300g-1(b)(8)) is
amended by moving the margins of such paragraph 2 ems to the right and
by striking the first sentence and inserting the following:
``Disinfection.--At any time after the end of the 3-year period that
begins on the date of enactment of the Safe Drinking Water Act
Amendments of 1996, but not later than the date on which the
Administrator promulgates a Stage II rulemaking for disinfectants and
disinfection byproducts (as described in paragraph (2)(C)), the
Administrator shall also promulgate national primary drinking water
regulations requiring disinfection as a treatment technique for all
public water systems, including surface water systems and, as
necessary, ground water systems. After consultation with the States,
the Administrator shall (as part of the regulations) promulgate
criteria that the Administrator, or a State that has primary
enforcement responsibility under section 1413, shall apply to determine
whether disinfection shall be required as a treatment technique for any
public water system served by ground water.''.

c6e92a0b44b0999081c6c556fe9fac212ff2353e56de103728cc15167bac0ec3

Section 1412(b)(10) (42 U.S.C. 300g-1(b)(10)) is amended to read as
follows:
``(10) Effective date.--A national primary drinking water
regulation promulgated under this section (and any amendment
thereto) shall take effect on the date that is 3 years after the
date on which the regulation is promulgated unless the
Administrator determines that an earlier date is practicable,
except that the Administrator, or a State (in the case of an
individual system), may allow up to 2 additional years to comply
with a maximum contaminant level or treatment technique if the
Administrator or State (in the case of an individual system)
determines that additional time is necessary for capital
improvements.''.

999a1982a5c8b85e5de885e73ba8c031395477031d801781ab768528d16d369d

(a) Arsenic and Sulfate.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended by inserting after paragraph (11) the following:
``(12) Certain contaminants.--
``(A) Arsenic.--
``(i) Schedule and standard.--Notwithstanding the
deadlines set forth in paragraph (1), the Administrator
shall promulgate a national primary drinking water
regulation for arsenic pursuant to this subsection, in
accordance with the schedule established by this paragraph.
``(ii) Study plan.--Not later than 180 days after the
date of enactment of this paragraph, the Administrator
shall develop a comprehensive plan for study in support of
drinking water rulemaking to reduce the uncertainty in
assessing health risks associated with exposure to low
levels of arsenic. In conducting such study, the
Administrator shall consult with the National Academy of
Sciences, other Federal agencies, and interested public and
private entities.
``(iii) Cooperative agreements.--In carrying out the
study plan, the Administrator may enter into cooperative
agreements with other Federal agencies, State and local
governments, and other interested public and private
entities.
``(iv) Proposed regulations.--The Administrator shall
propose a national primary drinking water regulation for
arsenic not later than January 1, 2000.
``(v) Final regulations.--Not later than January 1,
2001, after notice and opportunity for public comment, the
Administrator shall promulgate a national primary drinking
water regulation for arsenic.
``(vi) Authorization.--There are authorized to be
appropriated $2,500,000 for each of fiscal years 1997
through 2000 for the studies required by this paragraph.
``(B) Sulfate.--
``(i) Additional study.--Prior to promulgating a
national primary drinking water regulation for sulfate, the
Administrator and the Director of the Centers for Disease
Control and Prevention shall jointly conduct an additional
study to establish a reliable dose-response relationship
for the adverse human health effects that may result from
exposure to sulfate in drinking water, including the health
effects that may be experienced by groups within the
general population (including infants and travelers) that
are potentially at greater risk of adverse health effects
as the result of such exposure. The study shall be
conducted in consultation with interested States, shall be
based on the best available, peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices, and shall be completed not
later than 30 months after the date of enactment of the
Safe Drinking Water Act Amendments of 1996.
``(ii) Determination.--The Administrator shall include
sulfate among the 5 or more contaminants for which a
determination is made pursuant to paragraph (3)(B) not later
than 5 years after the date of enactment of the Safe Drinking
Water Act Amendments of 1996.
``(iii) Proposed and final rule.--Notwithstanding the
deadlines set forth in paragraph (2), the Administrator may,
pursuant to the authorities of this subsection and after notice
and opportunity for public comment, promulgate a final national
primary drinking water regulation for sulfate. Any such
regulation shall include requirements for public notification
and options for the provision of alternative water supplies to
populations at risk as a means of complying with the regulation
in lieu of a best available treatment technology or other
means.''.
(b) Radon.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by
inserting after paragraph (12) the following:
``(13) Radon in drinking water.--
``(A) National primary drinking water regulation.--
Notwithstanding paragraph (2), the Administrator shall withdraw
any national primary drinking water regulation for radon
proposed prior to the date of enactment of this paragraph and
shall propose and promulgate a regulation for radon under this
section, as amended by the Safe Drinking Water Act Amendments
of 1996.
``(B) Risk assessment and studies.--
``(i) Assessment by nas.--Prior to proposing a national
primary drinking water regulation for radon, the
Administrator shall arrange for the National Academy of
Sciences to prepare a risk assessment for radon in drinking
water using the best available science in accordance with
the requirements of paragraph (3). The risk assessment
shall consider each of the risks associated with exposure
to radon from drinking water and consider studies on the
health effects of radon at levels and under conditions
likely to be experienced through residential exposure. The
risk assessment shall be peer-reviewed.
``(ii) Study of other measures.--The Administrator
shall arrange for the National Academy of Sciences to
prepare an assessment of the health risk reduction benefits
associated with various mitigation measures to reduce radon
levels in indoor air. The assessment may be conducted as
part of the risk assessment authorized by clause (i) and
shall be used by the Administrator to prepare the guidance
and approve State programs under subparagraph (G).
``(iii) Other organization.--If the National Academy of
Sciences declines to prepare the risk assessment or studies
required by this subparagraph, the Administrator shall
enter into a contract or cooperative agreement with another
independent, scientific organization to prepare such
assessments or studies.
``(C) Health risk reduction and cost analysis.--Not later
than 30 months after the date of enactment of this paragraph,
the Administrator shall publish, and seek public comment on, a
health risk reduction and cost analysis meeting the
requirements of paragraph (3)(C) for potential maximum
contaminant levels that are being considered for radon in
drinking water. The Administrator shall include a response to
all significant public comments received on the analysis with
the preamble for the proposed rule published under subparagraph
(D).
``(D) Proposed regulation.--Not later than 36 months after
the date of enactment of this paragraph, the Administrator
shall propose a maximum contaminant level goal and a national
primary drinking water regulation for radon pursuant to this
section.
``(E) Final regulation.--Not later than 12 months after the
date of the proposal under subparagraph (D), the Administrator
shall publish a maximum contaminant level goal and promulgate a
national primary drinking water regulation for radon pursuant
to this section based on the risk assessment prepared pursuant
to subparagraph (B) and the health risk reduction and cost
analysis published pursuant to subparagraph (C). In considering
the risk assessment and the health risk reduction and cost
analysis in connection with the promulgation of such a
standard, the Administrator shall take into account the costs
and benefits of control programs for radon from other sources.
``(F) Alternative maximum contaminant level.--If the
maximum contaminant level for radon in drinking water
promulgated pursuant to subparagraph (E) is more stringent than
necessary to reduce the contribution to radon in indoor air
from drinking water to a concentration that is equivalent to
the national average concentration of radon in outdoor air, the
Administrator shall, simultaneously with the promulgation of
such level, promulgate an alternative maximum contaminant level
for radon that would result in a contribution of radon from
drinking water to radon levels in indoor air equivalent to the
national average concentration of radon in outdoor air. If the
Administrator promulgates an alternative maximum contaminant
level under this subparagraph, the Administrator shall, after
notice and opportunity for public comment and in consultation
with the States, publish guidelines for State programs,
including criteria for multimedia measures to mitigate radon
levels in indoor air, to be used by the States in preparing
programs under subparagraph (G). The guidelines shall take into
account data from existing radon mitigation programs and the
assessment of mitigation measures prepared under subparagraph
(B).
``(G) Multimedia radon mitigation programs.--
``(i) In general.--A State may develop and submit a
multimedia program to mitigate radon levels in indoor air
for approval by the Administrator under this subparagraph.
If, after notice and the opportunity for public comment,
such program is approved by the Administrator, public water
systems in the State may comply with the alternative
maximum contaminant level promulgated under subparagraph
(F) in lieu of the maximum contaminant level in the
national primary drinking water regulation promulgated
under subparagraph (E).
``(ii) Elements of programs.--State programs may rely
on a variety of mitigation measures including public
education, testing, training, technical assistance,
remediation grant and loan or incentive programs, or other
regulatory or nonregulatory measures. The effectiveness of
elements in State programs shall be evaluated by the
Administrator based on the assessment prepared by the
National Academy of Sciences under subparagraph (B) and the
guidelines published by the Administrator under
subparagraph (F).
``(iii) Approval.--The Administrator shall approve a
State program submitted under this paragraph if the health
risk reduction benefits expected to be achieved by the
program are equal to or greater than the health risk
reduction benefits that would be achieved if each public
water system in the State complied with the maximum
contaminant level promulgated under subparagraph (E). The
Administrator shall approve or disapprove a program
submitted under this paragraph within 180 days of receipt.
A program that is not disapproved during such period shall
be deemed approved. A program that is disapproved may be
modified to address the objections of the Administrator and
be resubmitted for approval.
``(iv) Review.--The Administrator shall periodically,
but not less often than every 5 years, review each
multimedia mitigation program approved under this
subparagraph to determine whether it continues to meet the
requirements of clause (iii) and shall, after written
notice to the State and an opportunity for the State to
correct any deficiency in the program, withdraw approval of
programs that no longer comply with such requirements.
``(v) Extension.--If, within 90 days after the
promulgation of an alternative maximum contaminant level
under subparagraph (F), the Governor of a State submits a
letter to the Administrator committing to develop a
multimedia mitigation program under this subparagraph, the
effective date of the national primary drinking water
regulation for radon in the State that would be applicable
under paragraph (10) shall be extended for a period of 18
months.
``(vi) Local programs.--In the event that a State
chooses not to submit a multimedia mitigation program for
approval under this subparagraph or has submitted a program
that has been disapproved, any public water system in the
State may submit a program for approval by the
Administrator according to the same criteria, conditions,
and approval process that would apply to a State program.
The Administrator shall approve a multimedia mitigation
program if the health risk reduction benefits expected to
be achieved by the program are equal to or greater than the
health risk reduction benefits that would result from
compliance by the public water system with the maximum
contaminant level for radon promulgated under subparagraph
(E).''.

c07f409abcfc25f2b5b713a6270f04b7d38b3cf7be62a7f379e643c7b8a7427e

Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by adding the
following new paragraph after paragraph (13):
``(14) Recycling of filter backwash.--The Administrator shall
promulgate a regulation to govern the recycling of filter backwash
water within the treatment process of a public water system. The
Administrator shall promulgate such regulation not later than 4
years after the date of enactment of the Safe Drinking Water Act
Amendments of 1996 unless such recycling has been addressed by the
Administrator's Enhanced Surface Water Treatment Rule prior to such
date.''.

7fcd60908d31ca1428ff11cc201ea0b485886a398b22ff63e6b5f120a9ea5944

(a) Variance Technologies.--Section 1412(b) (42 U.S.C. 300g-1(b))
is amended by adding the following new paragraph after paragraph (14):
``(15) Variance technologies.--
``(A) In general.--At the same time as the Administrator
promulgates a national primary drinking water regulation for a
contaminant pursuant to this section, the Administrator shall
issue guidance or regulations describing the best treatment
technologies, treatment techniques, or other means (referred to
in this paragraph as `variance technology') for the contaminant
that the Administrator finds, after examination for efficacy
under field conditions and not solely under laboratory
conditions, are available and affordable, as determined by the
Administrator in consultation with the States, for public water
systems of varying size, considering the quality of the source
water to be treated. The Administrator shall identify such
variance technologies for public water systems serving--
``(i) a population of 10,000 or fewer but more than
3,300;
``(ii) a population of 3,300 or fewer but more than
500; and
``(iii) a population of 500 or fewer but more than 25,
if, considering the quality of the source water to be treated,
no treatment technology is listed for public water systems of
that size under paragraph (4)(E). Variance technologies
identified by the Administrator pursuant to this paragraph may
not achieve compliance with the maximum contaminant level or
treatment technique requirement of such regulation, but shall
achieve the maximum reduction or inactivation efficiency that
is affordable considering the size of the system and the
quality of the source water. The guidance or regulations shall
not require the use of a technology from a specific
manufacturer or brand.
``(B) Limitation.--The Administrator shall not identify any
variance technology under this paragraph, unless the
Administrator has determined, considering the quality of the
source water to be treated and the expected useful life of the
technology, that the variance technology is protective of
public health.
``(C) Additional information.--The Administrator shall
include in the guidance or regulations identifying variance
technologies under this paragraph any assumptions supporting
the public health determination referred to in subparagraph
(B), where such assumptions concern the public water system to
which the technology may be applied, or its source waters. The
Administrator shall provide any assumptions used in determining
affordability, taking into consideration the number of persons
served by such systems. The Administrator shall provide as much
reliable information as practicable on performance,
effectiveness, limitations, costs, and other relevant factors
including the applicability of variance technology to waters
from surface and underground sources.
``(D) Regulations and guidance.--Not later than 2 years
after the date of enactment of this paragraph and after
consultation with the States, the Administrator shall issue
guidance or regulations under subparagraph (A) for each
national primary drinking water regulation promulgated prior to
the date of enactment of this paragraph for which a variance
may be granted under section 1415(e). The Administrator may, at
any time after a national primary drinking water regulation has
been promulgated, issue guidance or regulations describing
additional variance technologies. The Administrator shall, not
less often than every 7 years, or upon receipt of a petition
supported by substantial information, review variance
technologies identified under this paragraph. The Administrator
shall issue revised guidance or regulations if new or
innovative variance technologies become available that meet the
requirements of this paragraph and achieve an equal or greater
reduction or inactivation efficiency than the variance
technologies previously identified under this subparagraph. No
public water system shall be required to replace a variance
technology during the useful life of the technology for the
sole reason that a more efficient variance technology has been
listed under this subparagraph.''.
(b) Availability of Information on Small System Technologies.--
Section 1445 (42 U.S.C. 300j-4) is amended by adding the following new
subsection after subsection (g):
``(h) Availability of Information on Small System Technologies.--
For purposes of sections 1412(b)(4)(E) and 1415(e) (relating to small
system variance program), the Administrator may request information on
the characteristics of commercially available treatment systems and
technologies, including the effectiveness and performance of the
systems and technologies under various operating conditions. The
Administrator may specify the form, content, and submission date of
information to be submitted by manufacturers, States, and other
interested persons for the purpose of considering the systems and
technologies in the development of regulations or guidance under
sections 1412(b)(4)(E) and 1415(e).''.

79f0dd78d311d7931fb271d84aa8dadb470281205cfb38c97a9556798ee00d23

(a) State Primary Enforcement Responsibility.--Section 1413 (42
U.S.C. 300g-2) is amended as follows:
(1) In subsection (a), by amending paragraph (1) to read as
follows:
``(1) has adopted drinking water regulations that are no less
stringent than the national primary drinking water regulations
promulgated by the Administrator under subsections (a) and (b) of
section 1412 not later than 2 years after the date on which the
regulations are promulgated by the Administrator, except that the
Administrator may provide for an extension of not more than 2 years
if, after submission and review of appropriate, adequate
documentation from the State, the Administrator determines that the
extension is necessary and justified;''.
(2) By adding at the end the following subsection:
``(c) Interim Primary Enforcement Authority.--A State that has
primary enforcement authority under this section with respect to each
existing national primary drinking water regulation shall be considered
to have primary enforcement authority with respect to each new or
revised national primary drinking water regulation during the period
beginning on the effective date of a regulation adopted and submitted
by the State with respect to the new or revised national primary
drinking water regulation in accordance with subsection (b)(1) and
ending at such time as the Administrator makes a determination under
subsection (b)(2)(B) with respect to the regulation.''.
(b) Emergency Plans.--Section 1413(a)(5) (42 U.S.C. 300g-2(a)(5))
is amended by inserting after ``emergency circumstances'' the
following: ``including earthquakes, floods, hurricanes, and other
natural disasters, as appropriate''.

d0c89821f3969ea040ed025b67863ae91dde9f5ebdfbff90f80c088b70ae4dc4

(a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as
follows:
(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) 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''.
(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.''.
(d) Emergency Powers.--Section 1431(b) (42 U.S.C. 300i(b)) is
amended by striking ``$5,000'' and inserting ``$15,000''.

37df7cb1fa5df8e5df8a10630dcd92c594546f85669d8ec3648590c93bef5511

(a) Public Water Systems.--Section 1414(c) (42 U.S.C. 300g-3(c)) is
amended to read as follows:
``(c) Notice to Persons Served.--
``(1) In general.--Each owner or operator of a public water
system shall give notice of each of the following to the persons
served by the system:
``(A) Notice of any failure on the part of the public water
system to--
``(i) comply with an applicable maximum contaminant
level or treatment technique requirement of, or a testing
procedure prescribed by, a national primary drinking water
regulation; or
``(ii) perform monitoring required by section 1445(a).
``(B) If the public water system is subject to a variance
granted under subsection (a)(1)(A), (a)(2), or (e) of section
1415 for an inability to meet a maximum contaminant level
requirement or is subject to an exemption granted under section
1416, notice of--
``(i) the existence of the variance or exemption; and
``(ii) any failure to comply with the requirements of
any schedule prescribed pursuant to the variance or
exemption.
``(C) Notice of the concentration level of any unregulated
contaminant for which the Administrator has required public
notice pursuant to paragraph (2)(E).
``(2) Form, manner, and frequency of notice.--
``(A) In general.--The Administrator shall, by regulation,
and after consultation with the States, prescribe the manner,
frequency, form, and content for giving notice under this
subsection. The regulations shall--
``(i) provide for different frequencies of notice based
on the differences between violations that are intermittent
or infrequent and violations that are continuous or
frequent; and
``(ii) take into account the seriousness of any
potential adverse health effects that may be involved.
``(B) State requirements.--
``(i) In general.--A State may, by rule, establish
alternative notification requirements--
``(I) with respect to the form and content of
notice given under and in a manner in accordance with
subparagraph (C); and
``(II) with respect to the form and content of
notice given under subparagraph (D).
``(ii) Contents.--The alternative requirements shall
provide the same type and amount of information as required
pursuant to this subsection and regulations issued under
subparagraph (A).
``(iii) Relationship to section 1413.--Nothing in this
subparagraph shall be construed or applied to modify the
requirements of section 1413.
``(C) Violations with potential to have serious adverse
effects on human health.--Regulations issued under subparagraph
(A) shall specify notification procedures for each violation by
a public water system that has the potential to have serious
adverse effects on human health as a result of short-term
exposure. Each notice of violation provided under this
subparagraph shall--
``(i) be distributed as soon as practicable after the
occurrence of the violation, but not later than 24 hours
after the occurrence of the violation;
``(ii) provide a clear and readily understandable
explanation of--
``(I) the violation;
``(II) the potential adverse effects on human
health;
``(III) the steps that the public water system is
taking to correct the violation; and
``(IV) the necessity of seeking alternative water
supplies until the violation is corrected;
``(iii) be provided to the Administrator or the head of
the State agency that has primary enforcement
responsibility under section 1413 as soon as practicable,
but not later than 24 hours after the occurrence of the
violation; and
``(iv) as required by the State agency in general
regulations of the State agency, or on a case-by-case basis
after the consultation referred to in clause (iii),
considering the health risks involved--
``(I) be provided to appropriate broadcast media;
``(II) be prominently published in a newspaper of
general circulation serving the area not later than 1
day after distribution of a notice pursuant to clause
(i) or the date of publication of the next issue of the
newspaper; or
``(III) be provided by posting or door-to-door
notification in lieu of notification by means of
broadcast media or newspaper.
``(D) Written notice.--
``(i) In general.--Regulations issued under
subparagraph (A) shall specify notification procedures for
violations other than the violations covered by
subparagraph (C). The procedures shall specify that a
public water system shall provide written notice to each
person served by the system by notice (I) in the first bill
(if any) prepared after the date of occurrence of the
violation, (II) in an annual report issued not later than 1
year after the date of occurrence of the violation, or
(III) by mail or direct delivery as soon as practicable,
but not later than 1 year after the date of occurrence of
the violation.
``(ii) Form and manner of notice.--The Administrator
shall prescribe the form and manner of the notice to
provide a clear and readily understandable explanation of
the violation, any potential adverse health effects, and
the steps that the system is taking to seek alternative
water supplies, if any, until the violation is corrected.
``(E) Unregulated contaminants.--The Administrator may
require the owner or operator of a public water system to give
notice to the persons served by the system of the concentration
levels of an unregulated contaminant required to be monitored
under section 1445(a).
``(3) Reports.--
``(A) Annual report by state.--
``(i) In general.--Not later than January 1, 1998, and
annually thereafter, each State that has primary
enforcement responsibility under section 1413 shall
prepare, make readily available to the public, and submit
to the Administrator an annual report on violations of
national primary drinking water regulations by public water
systems in the State, including violations with respect to
(I) maximum contaminant levels, (II) treatment
requirements, (III) variances and exemptions, and (IV)
monitoring requirements determined to be significant by the
Administrator after consultation with the States.
``(ii) Distribution.--The State shall publish and
distribute summaries of the report and indicate where the
full report is available for review.
``(B) Annual report by administrator.--Not later than July
1, 1998, and annually thereafter, the Administrator shall
prepare and make available to the public an annual report
summarizing and evaluating reports submitted by States pursuant
to subparagraph (A) and notices submitted by public water
systems serving Indian Tribes provided to the Administrator
pursuant to subparagraph (C) or (D) of paragraph (2) and making
recommendations concerning the resources needed to improve
compliance with this title. The report shall include
information about public water system compliance on Indian
reservations and about enforcement activities undertaken and
financial assistance provided by the Administrator on Indian
reservations, and shall make specific recommendations
concerning the resources needed to improve compliance with this
title on Indian reservations.
``(4) Consumer confidence reports by community water systems.--
``(A) Annual reports to consumers.--The Administrator, in
consultation with public water systems, environmental groups,
public interest groups, risk communication experts, and the
States, and other interested parties, shall issue regulations
within 24 months after the date of enactment of this paragraph
to require each community water system to mail to each customer
of the system at least once annually a report on the level of
contaminants in the drinking water purveyed by that system
(referred to in this paragraph as a `consumer confidence
report'). Such regulations shall provide a brief and plainly
worded definition of the terms `maximum contaminant level
goal', `maximum contaminant level', `variances', and
`exemptions' and brief statements in plain language regarding
the health concerns that resulted in regulation of each
regulated contaminant. The regulations shall also include a
brief and plainly worded explanation regarding contaminants
that may reasonably be expected to be present in drinking
water, including bottled water. The regulations shall also
provide for an Environmental Protection Agency toll-free
hotline that consumers can call for more information and
explanation.
``(B) Contents of report.--The consumer confidence reports
under this paragraph shall include, but not be limited to, each
of the following:
``(i) Information on the source of the water purveyed.
``(ii) A brief and plainly worded definition of the
terms `maximum contaminant level goal', `maximum
contaminant level', `variances', and `exemptions' as
provided in the regulations of the Administrator.
``(iii) If any regulated contaminant is detected in the
water purveyed by the public water system, a statement
setting forth (I) the maximum contaminant level goal, (II)
the maximum contaminant level, (III) the level of such
contaminant in such water system, and (IV) for any
regulated contaminant for which there has been a violation
of the maximum contaminant level during the year concerned,
the brief statement in plain language regarding the health
concerns that resulted in regulation of such contaminant,
as provided by the Administrator in regulations under
subparagraph (A).
``(iv) Information on compliance with national primary
drinking water regulations, as required by the
Administrator, and notice if the system is operating under
a variance or exemption and the basis on which the variance
or exemption was granted.
``(v) Information on the levels of unregulated
contaminants for which monitoring is required under section
1445(a)(2) (including levels of cryptosporidium and radon
where States determine they may be found).
``(vi) A statement that the presence of contaminants in
drinking water does not necessarily indicate that the
drinking water poses a health risk and that more
information about contaminants and potential health effects
can be obtained by calling the Environmental Protection
Agency hotline.
A public water system may include such additional information
as it deems appropriate for public education. The Administrator
may, for not more than 3 regulated contaminants other than
those referred to in subclause (IV) of clause (iii), require a
consumer confidence report under this paragraph to include the
brief statement in plain language regarding the health concerns
that resulted in regulation of the contaminant or contaminants
concerned, as provided by the Administrator in regulations
under subparagraph (A).
``(C) Coverage.--The Governor of a State may determine not
to apply the mailing requirement of subparagraph (A) to a
community water system serving fewer than 10,000 persons. Any
such system shall--
``(i) inform, in the newspaper notice required by
clause (iii) or by other means, its customers that the
system will not be mailing the report as required by
subparagraph (A);
``(ii) make the consumer confidence report available
upon request to the public; and
``(iii) publish the report referred to in subparagraph
(A) annually in one or more local newspapers serving the
area in which customers of the system are located.
``(D) Alternative to publication.--For any community water
system which, pursuant to subparagraph (C), is not required to
meet the mailing requirement of subparagraph (A) and which
serves 500 persons or fewer, the community water system may
elect not to comply with clause (i) or (iii) of subparagraph
(C). If the community water system so elects, the system shall,
at a minimum--
``(i) prepare an annual consumer confidence report
pursuant to subparagraph (B); and
``(ii) provide notice at least once per year to each of
its customers by mail, by door-to-door delivery, by posting
or by other means authorized by the regulations of the
Administrator that the consumer confidence report is
available upon request.
``(E) Alternative form and content.--A State exercising
primary enforcement responsibility may establish, by rule,
after notice and public comment, alternative requirements with
respect to the form and content of consumer confidence reports
under this paragraph.''.
(b) Bottled Water Study.--Not later than 18 months after the date
of enactment of this Act, the Administrator of the Food and Drug
Administration, in consultation with the Administrator of the
Environmental Protection Agency, shall publish for public notice and
comment a draft study on the feasibility of appropriate methods, if
any, of informing customers of the contents of bottled water. The
Administrator of the Food and Drug Administration shall publish a final
study not later than 30 months after the date of enactment of this Act.

189e336ff29bb9707257065e96c61ad248cfe3d09642adfd9db0feffeb69a8c2

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''.

6d6d18bbc9d181a076c55c60e1d65b95ed17c6e8fbd6b104c1929158973bcbb3

Section 1415 (42 U.S.C. 300g-4) is amended by adding at the end the
following:
``(e) Small System Variances.--
``(1) In general.--A State exercising primary enforcement
responsibility for public water systems under section 1413 (or the
Administrator in nonprimacy States) may grant a variance under this
subsection for compliance with a requirement specifying a maximum
contaminant level or treatment technique contained in a national
primary drinking water regulation to--
``(A) public water systems serving 3,300 or fewer persons;
and
``(B) with the approval of the Administrator pursuant to
paragraph (9), public water systems serving more than 3,300
persons but fewer than 10,000 persons,
if the variance meets each requirement of this subsection.
``(2) Availability of variances.--A public water system may
receive a variance pursuant to paragraph (1), if--
``(A) the Administrator has identified a variance
technology under section 1412(b)(15) that is applicable to the
size and source water quality conditions of the public water
system;
``(B) the public water system installs, operates, and
maintains, in accordance with guidance or regulations issued by
the Administrator, such treatment technology, treatment
technique, or other means; and
``(C) the State in which the system is located determines
that the conditions of paragraph (3) are met.
``(3) Conditions for granting variances.--A variance under this
subsection shall be available only to a system--
``(A) that cannot afford to comply, in accordance with
affordability criteria established by the Administrator (or the
State in the case of a State that has primary enforcement
responsibility under section 1413), with a national primary
drinking water regulation, including compliance through--
``(i) treatment;
``(ii) alternative source of water supply; or
``(iii) restructuring or consolidation (unless the
Administrator (or the State in the case of a State that has
primary enforcement responsibility under section 1413)
makes a written determination that restructuring or
consolidation is not practicable); and
``(B) for which the Administrator (or the State in the case
of a State that has primary enforcement responsibility under
section 1413) determines that the terms of the variance ensure
adequate protection of human health, considering the quality of
the source water for the system and the removal efficiencies
and expected useful life of the treatment technology required
by the variance.
``(4) Compliance schedules.--A variance granted under this
subsection shall require compliance with the conditions of the
variance not later than 3 years after the date on which the
variance is granted, except that the Administrator (or the State in
the case of a State that has primary enforcement responsibility
under section 1413) may allow up to 2 additional years to comply
with a variance technology, secure an alternative source of water,
restructure or consolidate if the Administrator (or the State)
determines that additional time is necessary for capital
improvements, or to allow for financial assistance provided
pursuant to section 1452 or any other Federal or State program.
``(5) Duration of variances.--The Administrator (or the State
in the case of a State that has primary enforcement responsibility
under section 1413) shall review each variance granted under this
subsection not less often than every 5 years after the compliance
date established in the variance to determine whether the system
remains eligible for the variance and is conforming to each
condition of the variance.
``(6) Ineligibility for variances.--A variance shall not be
available under this subsection for--
``(A) any maximum contaminant level or treatment technique
for a contaminant with respect to which a national primary
drinking water regulation was promulgated prior to January 1,
1986; or
``(B) a national primary drinking water regulation for a
microbial contaminant (including a bacterium, virus, or other
organism) or an indicator or treatment technique for a
microbial contaminant.
``(7) Regulations and guidance.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection and in consultation with the
States, the Administrator shall promulgate regulations for
variances to be granted under this subsection. The regulations
shall, at a minimum, specify--
``(i) procedures to be used by the Administrator or a
State to grant or deny variances, including requirements
for notifying the Administrator and consumers of the public
water system that a variance is proposed to be granted
(including information regarding the contaminant and
variance) and requirements for a public hearing on the
variance before the variance is granted;
``(ii) requirements for the installation and proper
operation of variance technology that is identified
(pursuant to section 1412(b)(15)) for small systems and the
financial and technical capability to operate the treatment
system, including operator training and certification;
``(iii) eligibility criteria for a variance for each
national primary drinking water regulation, including
requirements for the quality of the source water (pursuant
to section 1412(b)(15)(A)); and
``(iv) information requirements for variance
applications.
``(B) Affordability criteria.--Not later than 18 months
after the date of enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator, in consultation with the
States and the Rural Utilities Service of the Department of
Agriculture, shall publish information to assist the States in
developing affordability criteria. The affordability criteria
shall be reviewed by the States not less often than every 5
years to determine if changes are needed to the criteria.
``(8) Review by the administrator.--
``(A) In general.--The Administrator shall periodically
review the program of each State that has primary enforcement
responsibility for public water systems under section 1413 with
respect to variances to determine whether the variances granted
by the State comply with the requirements of this subsection.
With respect to affordability, the determination of the
Administrator shall be limited to whether the variances granted
by the State comply with the affordability criteria developed
by the State.
``(B) Notice and publication.--If the Administrator
determines that variances granted by a State are not in
compliance with affordability criteria developed by the State
and the requirements of this subsection, the Administrator
shall notify the State in writing of the deficiencies and make
public the determination.
``(9) Approval of variances.--A State proposing to grant a
variance under this subsection to a public water system serving
more than 3,300 and fewer than 10,000 persons shall submit the
variance to the Administrator for review and approval prior to the
issuance of the variance. The Administrator shall approve the
variance if it meets each of the requirements of this subsection.
The Administrator shall approve or disapprove the variance within
90 days. If the Administrator disapproves a variance under this
paragraph, the Administrator shall notify the State in writing of
the reasons for disapproval and the variance may be resubmitted
with modifications to address the objections stated by the
Administrator.
``(10) Objections to variances.--
``(A) By the administrator.--The Administrator may review
and object to any variance proposed to be granted by a State,
if the objection is communicated to the State not later than 90
days after the State proposes to grant the variance. If the
Administrator objects to the granting of a variance, the
Administrator shall notify the State in writing of each basis
for the objection and propose a modification to the variance to
resolve the concerns of the Administrator. The State shall make
the recommended modification or respond in writing to each
objection. If the State issues the variance without resolving
the concerns of the Administrator, the Administrator may
overturn the State decision to grant the variance if the
Administrator determines that the State decision does not
comply with this subsection.
``(B) Petition by consumers.--Not later than 30 days after
a State exercising primary enforcement responsibility for
public water systems under section 1413 proposes to grant a
variance for a public water system, any person served by the
system may petition the Administrator to object to the granting
of a variance. The Administrator shall respond to the petition
and determine whether to object to the variance under
subparagraph (A) not later than 60 days after the receipt of
the petition.
``(C) Timing.--No variance shall be granted by a State
until the later of the following:
``(i) 90 days after the State proposes to grant a
variance.
``(ii) If the Administrator objects to the variance,
the date on which the State makes the recommended
modifications or responds in writing to each objection.''.

206b4a4705198f71da52823062f8f17ec03754ac5d19754c501537c8f55968f0

(a) In General.--Section 1416 (42 U.S.C. 300g-5) is amended as
follows:
(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 1452(d)''; 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 (a), by striking ``and'' at the end of
paragraph (2), striking the period at the end of paragraph (3) and
inserting ``; and'' and by adding the following at the end thereof:
``(4) management or restructuring changes (or both) cannot
reasonably be made that will result in compliance with this title
or, if compliance cannot be achieved, improve the quality of the
drinking water.''.
(3) 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''.
(4) In subsection (b)(2)--
(A) by striking ``(except as provided in subparagraph
(B))'' in subparagraph (A) and all that follows through ``3
years after the date of the issuance of the exemption if'' in
subparagraph (B) and inserting the following: ``not later than
3 years after the otherwise applicable compliance date
established in section 1412(b)(10).
``(B) No exemption shall be granted unless'';
(B) in subparagraph (B)(i), by striking ``within the period
of such exemption'' and inserting ``prior to the date
established pursuant to section 1412(b)(10)'';
(C) in subparagraph (B)(ii), by inserting after ``such
financial assistance'' the following: ``or assistance pursuant
to section 1452, 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).''.
(b) Limited Additional Compliance Period.--(1) The State of New
York, on a case-by-case basis and after notice and an opportunity of at
least 60 days for public comment, may allow an additional period for
compliance with the Surface Water Treatment Rule established pursuant
to section 1412(b)(7)(C) of the Safe Drinking Water Act in the case of
unfiltered systems in Essex, Columbia, Greene, Dutchess, Rensselaer,
Schoharie, Saratoga, Washington, and Warren Counties serving a
population of less than 5,000, which meet appropriate disinfection
requirements and have adequate watershed protections, so long as the
State determines that the public health will be protected during the
duration of the additional compliance period and the system agrees to
implement appropriate control measures as determined by the State.
(2) The additional compliance period referred to in paragraph (1)
shall expire on the earlier of the date 3 years after the date on which
the Administrator identifies appropriate control technology for the
Surface Water Treatment Rule for public water systems in the category
that includes such system pursuant to section 1412(b)(4)(E) of the Safe
Drinking Water Act or 5 years after the date of enactment of the Safe
Drinking Water Act Amendments of 1996.

da5bf6998f55524d63d499f22b113576c07712e3cdbfebd56e1847c3125d1107

Section 1417 (42 U.S.C. 300g-6) is amended as follows:
(1) In subsection (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.''.
(2) In subsection (a)(2)(A), by inserting ``owner or operator
of a'' after ``Each''.
(3) By adding at the end of subsection (a) the following:
``(3) Unlawful acts.--Effective 2 years after the date of
enactment of this paragraph, it shall be unlawful--
``(A) for any person to introduce into commerce any pipe,
or any pipe or plumbing fitting or fixture, that is not lead
free, except for a pipe that is used in manufacturing or
industrial processing;
``(B) for any person engaged in the business of selling
plumbing supplies, except manufacturers, to sell solder or flux
that is not lead free; or
``(C) for any person to introduce into commerce any solder
or flux that is not lead free unless the solder or flux bears a
prominent label stating that it is illegal to use the solder or
flux in the installation or repair of any plumbing providing
water for human consumption.''.
(4) In subsection (d)--
(A) by striking ``lead, and'' in paragraph (1) and
inserting ``lead;'';
(B) by striking ``lead.'' in paragraph (2) 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).''.
(5) 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.''.

5458ac5ef2ffec6456a8e3dd4d6617505ebafbb3deea8dfee7cb43803e050d57

Part B (42 U.S.C. 300g et seq.) is amended by adding after section
1419 the following:
``CAPACITY DEVELOPMENT
``Sec. 1420. (a) State Authority for New Systems.--A State shall
receive only 80 percent of the allotment that the State is otherwise
entitled to receive under section 1452 (relating to State loan funds)
unless the State has obtained the legal authority or other means to
ensure that all new community water systems and new nontransient,
noncommunity water systems commencing operation after October 1, 1999,
demonstrate technical, managerial, and financial capacity with respect
to each national primary drinking water regulation in effect, or likely
to be in effect, on the date of commencement of operations.
``(b) Systems in Significant Noncompliance.--
``(1) List.--Beginning not later than 1 year after the date of
enactment of this section, each State shall prepare, periodically
update, and submit to the Administrator a list of community water
systems and nontransient, noncommunity water systems that have a
history of significant noncompliance with this title (as defined in
guidelines issued prior to the date of enactment of this section or
any revisions of the guidelines that have been made in consultation
with the States) and, to the extent practicable, the reasons for
noncompliance.
``(2) Report.--Not later than 5 years after the date of
enactment of this section and as part of the capacity development
strategy of the State, each State shall report to the Administrator
on the success of enforcement mechanisms and initial capacity
development efforts in assisting the public water systems listed
under paragraph (1) to improve technical, managerial, and financial
capacity.
``(3) Withholding.--The list and report under this subsection
shall be considered part of the capacity development strategy of
the State required under subsection (c) of this section for
purposes of the withholding requirements of section
1452(a)(1)(G)(i) (relating to State loan funds).
``(c) Capacity Development Strategy.--
``(1) In general.--Beginning 4 years after the date of
enactment of this section, a State shall receive only--
``(A) 90 percent in fiscal year 2001;
``(B) 85 percent in fiscal year 2002; and
``(C) 80 percent in each subsequent fiscal year,
of the allotment that the State is otherwise entitled to receive
under section 1452 (relating to State loan funds), unless the State
is developing and implementing a strategy to assist public water
systems in acquiring and maintaining technical, managerial, and
financial capacity.
``(2) Content.--In preparing the capacity development strategy,
the State shall consider, solicit public comment on, and include as
appropriate--
``(A) the methods or criteria that the State will use to
identify and prioritize the public water systems most in need
of improving technical, managerial, and financial capacity;
``(B) a description of the institutional, regulatory,
financial, tax, or legal factors at the Federal, State, or
local level that encourage or impair capacity development;
``(C) a description of how the State will use the
authorities and resources of this title or other means to--
``(i) assist public water systems in complying with
national primary drinking water regulations;
``(ii) encourage the development of partnerships
between public water systems to enhance the technical,
managerial, and financial capacity of the systems; and
``(iii) assist public water systems in the training and
certification of operators;
``(D) a description of how the State will establish a
baseline and measure improvements in capacity with respect to
national primary drinking water regulations and State drinking
water law; and
``(E) an identification of the persons that have an
interest in and are involved in the development and
implementation of the capacity development strategy (including
all appropriate agencies of Federal, State, and local
governments, private and nonprofit public water systems, and
public water system customers).
``(3) Report.--Not later than 2 years after the date on which a
State first adopts a capacity development strategy under this
subsection, and every 3 years thereafter, the head of the State
agency that has primary responsibility to carry out this title in
the State shall submit to the Governor a report that shall also be
available to the public on the efficacy of the strategy and
progress made toward improving the technical, managerial, and
financial capacity of public water systems in the State.
``(4) Review.--The decisions of the State under this section
regarding any particular public water system are not subject to
review by the Administrator and may not serve as the basis for
withholding funds under section 1452.
``(d) Federal Assistance.--
``(1) In general.--The Administrator shall support the States
in developing capacity development strategies.
``(2) Informational assistance.--
``(A) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall--
``(i) conduct a review of State capacity development
efforts in existence on the date of enactment of this
section and publish information to assist States and public
water systems in capacity development efforts; and
``(ii) initiate a partnership with States, public water
systems, and the public to develop information for States
on recommended operator certification requirements.
``(B) Publication of information.--The Administrator shall
publish the information developed through the partnership under
subparagraph (A)(ii) not later than 18 months after the date of
enactment of this section.
``(3) Promulgation of drinking water regulations.--In
promulgating a national primary drinking water regulation, the
Administrator shall include an analysis of the likely effect of
compliance with the regulation on the technical, financial, and
managerial capacity of public water systems.
``(4) Guidance for new systems.--Not later than 2 years after
the date of enactment of this section, the Administrator shall
publish guidance developed in consultation with the States
describing legal authorities and other means to ensure that all new
community water systems and new nontransient, noncommunity water
systems demonstrate technical, managerial, and financial capacity
with respect to national primary drinking water regulations.
``(e) Variances and Exemptions.--Based on information obtained
under subsection (c)(3), the Administrator shall, as appropriate,
modify regulations concerning variances and exemptions for small public
water systems to ensure flexibility in the use of the variances and
exemptions. Nothing in this subsection shall be interpreted, construed,
or applied to affect or alter the requirements of section 1415 or 1416.
``(f) Small Public Water Systems Technology Assistance Centers.--
``(1) Grant program.--The Administrator is authorized to make
grants to institutions of higher learning to establish and operate
small public water system technology assistance centers in the
United States.
``(2) Responsibilities of the centers.--The responsibilities of
the small public water system technology assistance centers
established under this subsection shall include the conduct of
training and technical assistance relating to the information,
performance, and technical needs of small public water systems or
public water systems that serve Indian Tribes.
``(3) Applications.--Any institution of higher learning
interested in receiving a grant under this subsection shall submit
to the Administrator an application in such form and containing
such information as the Administrator may require by regulation.
``(4) Selection criteria.--The Administrator shall select
recipients of grants under this subsection on the basis of the
following criteria:
``(A) The small public water system technology assistance
center shall be located in a State that is representative of
the needs of the region in which the State is located for
addressing the drinking water needs of small and rural
communities or Indian Tribes.
``(B) The grant recipient shall be located in a region that
has experienced problems, or may reasonably be foreseen to
experience problems, with small and rural public water systems.
``(C) The grant recipient shall have access to expertise in
small public water system technology management.
``(D) The grant recipient shall have the capability to
disseminate the results of small public water system technology
and training programs.
``(E) The projects that the grant recipient proposes to
carry out under the grant are necessary and appropriate.
``(F) The grant recipient has regional support beyond the
host institution.
``(5) Consortia of states.--At least 2 of the grants under this
subsection shall be made to consortia of States with low population
densities.
``(6) Authorization of appropriations.--There are authorized to
be appropriated to make grants under this subsection $2,000,000 for
each of the fiscal years 1997 through 1999, and $5,000,000 for each
of the fiscal years 2000 through 2003.
``(g) Environmental Finance Centers.--
``(1) In general.--The Administrator shall provide initial
funding for one or more university-based environmental finance
centers for activities that provide technical assistance to State
and local officials in developing the capacity of public water
systems. Any such funds shall be used only for activities that are
directly related to this title.
``(2) National capacity development clearinghouse.--The
Administrator shall establish a national public water system
capacity development clearinghouse to receive and disseminate
information with respect to developing, improving, and maintaining
financial and managerial capacity at public water systems. The
Administrator shall ensure that the clearinghouse does not
duplicate other federally supported clearinghouse activities.
``(3) Capacity development techniques.--The Administrator may
request an environmental finance center funded under paragraph (1)
to develop and test managerial, financial, and institutional
techniques for capacity development. The techniques may include
capacity assessment methodologies, manual and computer based public
water system rate models and capital planning models, public water
system consolidation procedures, and regionalization models.
``(4) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $1,500,000 for each of
the fiscal years 1997 through 2003.
``(5) Limitation.--No portion of any funds made available under
this subsection may be used for lobbying expenses.''.

0f745ded2c2973c858feb2f5fb03961ffbe0e61e1f8c781a0d5428e305239c24

PROGRAMS.
(a) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 300h-6)
is amended as follows:
(1) Subsection (b)(1) is amended by striking ``not later than
24 months after the enactment of the Safe Drinking Water Act
Amendments of 1986''.
(2) The table in subsection (m) is amended by adding at the end
the following:
``1992-2003.........................................
15,000,000.''.
(b) Wellhead Protection Areas.--The table in section 1428(k) (42
U.S.C. 300h-7(k)) is amended by adding at the end the following:
``1992-2003.........................................
30,000,000.''.
(c) Underground Injection Control Grant.--The table in 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.''.

d25808d560c221c5253d121dd7d0bbd414dc6d4658fad8bfecb41dfb4a72cb2e

Section 1442 (42 U.S.C. 300j-1) is 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); and
(C) by redesignating paragraph (11) as paragraph (3) and
moving such paragraph to appear before paragraph (4).

28366975bd5a25685b176ccb590165a266f40efe8ef3fb11e264ecd92d3f3cb6

Section 1442(e) (42 U.S.C. 300j-1(e)) is amended to read as
follows:
``(e) Technical Assistance.--The Administrator may provide
technical assistance to small public water systems to enable such
systems to achieve and maintain compliance with applicable national
primary drinking water regulations. Such assistance may include
circuit-rider and multi-State regional technical assistance programs,
training, and preliminary engineering evaluations. The Administrator
shall ensure that technical assistance pursuant to this subsection is
available in each State. Each nonprofit organization receiving
assistance under this subsection shall consult with the State in which
the assistance is to be expended or otherwise made available before
using assistance to undertake activities to carry out this subsection.
There are authorized to be appropriated to the Administrator to be used
for such technical assistance $15,000,000 for each of the fiscal years
1997 through 2003. No portion of any State loan fund established under
section 1452 (relating to State loan funds) and no portion of any funds
made available under this subsection may be used for lobbying expenses.
Of the total amount appropriated under this subsection, 3 percent shall
be used for technical assistance to public water systems owned or
operated by Indian Tribes.''.

9a1309f467741df31f5d91deccc42fe8551be47ceedcfdcc9ff83ac91a3c33d5

Part B (42 U.S.C. 300g et seq.) is amended by adding the following
after section 1418:
``operator certification
``Sec. 1419. (a) Guidelines.--Not later than 30 months after the
date of enactment of the Safe Drinking Water Act Amendments of 1996 and
in cooperation with the States, the Administrator shall publish
guidelines in the Federal Register, after notice and opportunity for
comment from interested persons, including States and public water
systems, specifying minimum standards for certification (and
recertification) of the operators of community and nontransient
noncommunity public water systems. Such guidelines shall take into
account existing State programs, the complexity of the system, and
other factors aimed at providing an effective program at reasonable
cost to States and public water systems, taking into account the size
of the system.
``(b) State Programs.--Beginning 2 years after the date on which
the Administrator publishes guidelines under subsection (a), the
Administrator shall withhold 20 percent of the funds a State is
otherwise entitled to receive under section 1452 unless the State has
adopted and is implementing a program for the certification of
operators of community and nontransient noncommunity public water
systems that meets the requirements of the guidelines published
pursuant to subsection (a) or that has been submitted in compliance
with subsection (c) and that has not been disapproved.
``(c) Existing Programs.--For any State exercising primary
enforcement responsibility for public water systems or any other State
which has an operator certification program, the guidelines under
subsection (a) shall allow the State to enforce such program in lieu of
the guidelines under subsection (a) if the State submits the program to
the Administrator within 18 months after the publication of the
guidelines unless the Administrator determines (within 9 months after
the State submits the program to the Administrator) that such program
is not substantially equivalent to such guidelines. In making this
determination, an existing State program shall be presumed to be
substantially equivalent to the guidelines, notwithstanding program
differences, based on the size of systems or the quality of source
water, providing the State program meets the overall public health
objectives of the guidelines. If disapproved, the program may be
resubmitted within 6 months after receipt of notice of disapproval.
``(d) Expense Reimbursement.--
``(1) In general.--The Administrator shall provide
reimbursement for the costs of training, including an appropriate
per diem for unsalaried operators, and certification for persons
operating systems serving 3,300 persons or fewer that are required
to undergo training pursuant to this section.
``(2) State grants.--The reimbursement shall be provided
through grants to States with each State receiving an amount
sufficient to cover the reasonable costs for training all such
operators in the State, as determined by the Administrator, to the
extent required by this section. Grants received by a State
pursuant to this paragraph shall first be used to provide
reimbursement for training and certification costs of persons
operating systems serving 3,300 persons or fewer. If a State has
reimbursed all such costs, the State may, after notice to the
Administrator, use any remaining funds from the grant for any of
the other purposes authorized for grants under section 1452.
``(3) Authorization.--There are authorized to be appropriated
to the Administrator to provide grants for reimbursement under this
section $30,000,000 for each of fiscal years 1997 through 2003.
``(4) Reservation.--If the appropriation made pursuant to
paragraph (3) for any fiscal year is not sufficient to satisfy the
requirements of paragraph (1), the Administrator shall, prior to
any other allocation or reservation, reserve such sums as necessary
from the funds appropriated pursuant to section 1452(m) to provide
reimbursement for the training and certification costs mandated by
this subsection.''.

4aa4e033f2edac76a5a646013a579f12f31826b2bd358963e5ab5635b22725b8

Section 1443(a) (42 U.S.C. 300j-2(a)) is amended as follows:
(1) Paragraph (7) is amended to read as follows:
``(7) Authorization.--For the purpose of making grants under
paragraph (1), there are authorized to be appropriated $100,000,000
for each of fiscal years 1997 through 2003.''.
(2) 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, the Administrator may
reserve from the funds made available to the State under
section 1452 (relating to State loan funds) an amount that is
equal to the amount of the shortfall. This paragraph shall not
apply to any State not exercising primary enforcement
responsibility for public water systems as of the date of
enactment of the Safe Drinking Water Act Amendments of 1996.
``(B) Duty of administrator.--If the Administrator reserves
funds from the allocation of a State under subparagraph (A),
the Administrator shall carry out in the State each of the
activities that would be required of the State if the State had
primary enforcement authority under section 1413.''.

a62f7bfa7f09853d1c174d76dae9509af76d42ae85f81f6e44056479edda8116

(a) Review of Existing Requirements.--Paragraph (1) of section
1445(a) (42 U.S.C. 300j-4(a)(1)) is amended to read as follows:
``(1)(A) Every person who is subject to any requirement of this
title or who is a grantee, shall establish and maintain such records,
make such reports, conduct such monitoring, and provide such
information as the Administrator may reasonably require by regulation
to assist the Administrator in establishing regulations under this
title, in determining whether such person has acted or is acting in
compliance with this title, in administering any program of financial
assistance under this title, in evaluating the health risks of
unregulated contaminants, or in advising the public of such risks. In
requiring a public water system to monitor under this subsection, the
Administrator may take into consideration the system size and the
contaminants likely to be found in the system's drinking water.
``(B) Every person who is subject to a national primary drinking
water regulation under section 1412 shall provide such information as
the Administrator may reasonably require, after consultation with the
State in which such person is located if such State has primary
enforcement responsibility for public water systems, on a case-by-case
basis, to determine whether such person has acted or is acting in
compliance with this title.
``(C) Every person who is subject to a national primary drinking
water regulation under section 1412 shall provide such information as
the Administrator may reasonably require to assist the Administrator in
establishing regulations under section 1412 of this title, after
consultation with States and suppliers of water. The Administrator may
not require under this subparagraph the installation of treatment
equipment or process changes, the testing of treatment technology, or
the analysis or processing of monitoring samples, except where the
Administrator provides the funding for such activities. Before
exercising this authority, the Administrator shall first seek to obtain
the information by voluntary submission.
``(D) The Administrator shall not later than 2 years after the date
of enactment of this subparagraph, after consultation with public
health experts, representatives of the general public, and officials of
State and local governments, review the monitoring requirements for not
fewer than 12 contaminants identified by the Administrator, and
promulgate any necessary modifications.''.
(b) Monitoring Relief.--Part B is amended by adding the following
new section after section 1417 (42 U.S.C. 300g-6):
``MONITORING OF CONTAMINANTS
``Sec. 1418. (a) Interim Monitoring Relief Authority.--
``(1) In general.--A State exercising primary enforcement
responsibility for public water systems may modify the monitoring
requirements for any regulated or unregulated contaminants for
which monitoring is required other than microbial contaminants (or
indicators thereof), disinfectants and disinfection byproducts or
corrosion byproducts for an interim period to provide that any
public water system serving 10,000 persons or fewer shall not be
required to conduct additional quarterly monitoring during an
interim relief period for such contaminants if--
``(A) monitoring, conducted at the beginning of the period
for the contaminant concerned and certified to the State by the
public water system, fails to detect the presence of the
contaminant in the ground or surface water supplying the public
water system; and
``(B) the State, considering the hydrogeology of the area
and other relevant factors, determines in writing that the
contaminant is unlikely to be detected by further monitoring
during such period.
``(2) Termination; timing of monitoring.--The interim relief
period referred to in paragraph (1) shall terminate when permanent
monitoring relief is adopted and approved for such State, or at the
end of 36 months after the date of enactment of the Safe Drinking
Water Act Amendments of 1996, whichever comes first. In order to
serve as a basis for interim relief, the monitoring conducted at
the beginning of the period must occur at the time determined by
the State to be the time of the public water system's greatest
vulnerability to the contaminant concerned in the relevant ground
or surface water, taking into account in the case of pesticides the
time of application of the pesticide for the source water area and
the travel time for the pesticide to reach such waters and taking
into account, in the case of other contaminants, seasonality of
precipitation and contaminant travel time.
``(b) Permanent Monitoring Relief Authority.--
``(1) In general.--Each State exercising primary enforcement
responsibility for public water systems under this title and having
an approved source water assessment program may adopt, in
accordance with guidance published by the Administrator, tailored
alternative monitoring requirements for public water systems in
such State (as an alternative to the monitoring requirements for
chemical contaminants set forth in the applicable national primary
drinking water regulations) where the State concludes that (based
on data available at the time of adoption concerning
susceptibility, use, occurrence, or wellhead protection, or from
the State's drinking water source water assessment program) such
alternative monitoring would provide assurance that it complies
with the Administrator's guidelines. The State program must be
adequate to assure compliance with, and enforcement of, applicable
national primary drinking water regulations. Alternative monitoring
shall not apply to regulated microbiological contaminants (or
indicators thereof), disinfectants and disinfection byproducts, or
corrosion byproducts. The preceding sentence is not intended to
limit other authority of the Administrator under other provisions
of this title to grant monitoring flexibility.
``(2) Guidelines.--
``(A) In general.--The Administrator shall issue, after
notice and comment and at the same time as guidelines are
issued for source water assessment under section 1453,
guidelines for States to follow in proposing alternative
monitoring requirements under paragraph (1) for chemical
contaminants. The Administrator shall publish such guidelines
in the Federal Register. The guidelines shall assure that the
public health will be protected from drinking water
contamination. The guidelines shall require that a State
alternative monitoring program apply on a contaminant-by-
contaminant basis and that, to be eligible for such alternative
monitoring program, a public water system must show the State
that the contaminant is not present in the drinking water
supply or, if present, it is reliably and consistently below
the maximum contaminant level.
``(B) Definition.--For purposes of subparagraph (A), the
phrase `reliably and consistently below the maximum contaminant
level' means that, although contaminants have been detected in
a water supply, the State has sufficient knowledge of the
contamination source and extent of contamination to predict
that the maximum contaminant level will not be exceeded. In
determining that a contaminant is reliably and consistently
below the maximum contaminant level, States shall consider the
quality and completeness of data, the length of time covered
and the volatility or stability of monitoring results during
that time, and the proximity of such results to the maximum
contaminant level. Wide variations in the analytical results,
or analytical results close to the maximum contaminant level,
shall not be considered to be reliably and consistently below
the maximum contaminant level.
``(3) Effect of detection of contaminants.--The guidelines
issued by the Administrator under paragraph (2) shall require that
if, after the monitoring program is in effect and operating, a
contaminant covered by the alternative monitoring program is
detected at levels at or above the maximum contaminant level or is
no longer reliably or consistently below the maximum contaminant
level, the public water system must either--
``(A) demonstrate that the contamination source has been
removed or that other action has been taken to eliminate the
contamination problem; or
``(B) test for the detected contaminant pursuant to the
applicable national primary drinking water regulation.
``(4) States not exercising primary enforcement
responsibility.--The Governor of any State not exercising primary
enforcement responsibility under section 1413 on the date of
enactment of this section may submit to the Administrator a request
that the Administrator modify the monitoring requirements
established by the Administrator and applicable to public water
systems in that State. After consultation with the Governor, the
Administrator shall modify the requirements for public water
systems in that State if the request of the Governor is in
accordance with each of the requirements of this subsection that
apply to alternative monitoring requirements established by States
that have primary enforcement responsibility. A decision by the
Administrator to approve a request under this clause shall be for a
period of 3 years and may subsequently be extended for periods of 5
years.
``(c) Treatment as NPDWR.--All monitoring relief granted by a State
to a public water system for a regulated contaminant under subsection
(a) or (b) shall be treated as part of the national primary drinking
water regulation for that contaminant.
``(d) Other Monitoring Relief.--Nothing in this section shall be
construed to affect the authority of the States under applicable
national primary drinking water regulations to alter monitoring
requirements through waivers or other existing authorities. The
Administrator shall periodically review and, as appropriate, revise
such authorities.''.
(c) 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, ensuring that only a representative sample
of systems serving 10,000 persons or fewer are required to
monitor.
``(B) Monitoring program for certain unregulated
contaminants.--
``(i) Initial list.--Not later than 3 years after the
date of enactment of the Safe Drinking Water Act Amendments
of 1996 and every 5 years thereafter, the Administrator
shall issue a list pursuant to subparagraph (A) of not more
than 30 unregulated contaminants to be monitored by public
water systems and to be included in the national drinking
water occurrence data base maintained pursuant to
subsection (g).
``(ii) Governors' petition.--The Administrator shall
include among the list of contaminants for which monitoring
is required under this paragraph each contaminant
recommended in a petition signed by the Governor of each of
7 or more States, unless the Administrator determines that
the action would prevent the listing of other contaminants
of a higher public health concern.
``(C) Monitoring plan for small and medium systems.--
``(i) In general.--Based on the regulations promulgated
by the Administrator, each State may develop a
representative monitoring plan to assess the occurrence of
unregulated contaminants in public water systems that serve
a population of 10,000 or fewer in that State. The plan
shall require monitoring for systems representative of
different sizes, types, and geographic locations in the
State.
``(ii) Grants for small system costs.--From funds
reserved under section 1452(o) or appropriated under
subparagraph (H), the Administrator shall pay the
reasonable cost of such testing and laboratory analysis as
are necessary to carry out monitoring under the plan.
``(D) Monitoring results.--Each public water system that
conducts monitoring of unregulated contaminants pursuant to
this paragraph shall provide the results of the monitoring to
the primary enforcement authority for the system.
``(E) Notification.--Notification of the availability of
the results of monitoring programs required under paragraph
(2)(A) shall be given to the persons served by the system.
``(F) Waiver of monitoring requirement.--The Administrator
shall waive the requirement for monitoring for a contaminant
under this paragraph in a State, if the State demonstrates that
the criteria for listing the contaminant do not apply in that
State.
``(G) Analytical methods.--The State may use screening
methods approved by the Administrator under subsection (i) in
lieu of monitoring for particular contaminants under this
paragraph.
``(H) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$10,000,000 for each of the fiscal years 1997 through 2003.''.
(d) Screening Methods.--Section 1445 (42 U.S.C. 300j-4) is amended
by adding the following after subsection (h):
``(i) Screening Methods.--The Administrator shall review new
analytical methods to screen for regulated contaminants and may approve
such methods as are more accurate or cost-effective than established
reference methods for use in compliance monitoring.''.

b19dfc3a884ad899e4371f72b7344f70a580cdf49cde30e22c0994f03ba0509f

Section 1445 (42 U.S.C. 300j-4) is amended by adding the following
new subsection after subsection (f):
``(g) Occurrence Data Base.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1996, the
Administrator shall assemble and maintain a national drinking water
contaminant occurrence data base, using information on the
occurrence of both regulated and unregulated contaminants in public
water systems obtained under subsection (a)(1)(A) or subsection
(a)(2) and reliable information from other public and private
sources.
``(2) Public input.--In establishing the occurrence data base,
the Administrator shall solicit recommendations from the Science
Advisory Board, the States, and other interested parties concerning
the development and maintenance of a national drinking water
contaminant occurrence data base, including such issues as the
structure and design of the data base, data input parameters and
requirements, and the use and interpretation of data.
``(3) Use.--The data shall be used by the Administrator in
making determinations under section 1412(b)(1) with respect to the
occurrence of a contaminant in drinking water at a level of public
health concern.
``(4) Public recommendations.--The Administrator shall
periodically solicit recommendations from the appropriate officials
of the National Academy of Sciences and the States, and any person
may submit recommendations to the Administrator, with respect to
contaminants that should be included in the national drinking water
contaminant occurrence data base, including recommendations with
respect to additional unregulated contaminants that should be
listed under subsection (a)(2). Any recommendation submitted under
this clause shall be accompanied by reasonable documentation that--
``(A) the contaminant occurs or is likely to occur in
drinking water; and
``(B) the contaminant poses a risk to public health.
``(5) Public availability.--The information from the data base
shall be available to the public in readily accessible form.
``(6) Regulated contaminants.--With respect to each contaminant
for which a national primary drinking water regulation has been
established, the data base shall include information on the
detection of the contaminant at a quantifiable level in public
water systems (including detection of the contaminant at levels not
constituting a violation of the maximum contaminant level for the
contaminant).
``(7) Unregulated contaminants.--With respect to contaminants
for which a national primary drinking water regulation has not been
established, the data base shall include--
``(A) monitoring information collected by public water
systems that serve a population of more than 10,000, as
required by the Administrator under subsection (a);
``(B) monitoring information collected from a
representative sampling of public water systems that serve a
population of 10,000 or fewer; and
``(C) other reliable and appropriate monitoring information
on the occurrence of the contaminants in public water systems
that is available to the Administrator.''.

296c8d6900542a13f0d1cf0769518583235f301e534636feb608a9198721f1b4

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''.

b31d9164dcfe162d012c6a2a953957394116e9c63cca21a15f114a0dd0466f5e

Section 1443 (42 U.S.C. 300j-2) is amended by adding at the end the
following:
``(d) New York City Watershed Protection Program.--
``(1) In general.--The Administrator is authorized to provide
financial assistance to the State of New York for demonstration
projects implemented as part of the watershed program for the
protection and enhancement of the quality of source waters of the
New York City water supply system, including projects that
demonstrate, assess, or provide for comprehensive monitoring and
surveillance and projects necessary to comply with the criteria for
avoiding filtration contained in 40 CFR 141.71. Demonstration
projects which shall be eligible for financial assistance shall be
certified to the Administrator by the State of New York as
satisfying the purposes of this subsection. In certifying projects
to the Administrator, the State of New York shall give priority to
monitoring projects that have undergone peer review.
``(2) Report.--Not later than 5 years after the date on which
the Administrator first provides assistance pursuant to this
paragraph, the Governor of the State of New York shall submit a
report to the Administrator on the results of projects assisted.
``(3) Matching requirements.--Federal assistance provided under
this subsection shall not exceed 50 percent of the total cost of
the protection program being carried out for any particular
watershed or ground water recharge area.
``(4) Authorization.--There are authorized to be appropriated
to the Administrator to carry out this subsection for each of
fiscal years 1997 through 2003, $15,000,000 for the purpose of
providing assistance to the State of New York to carry out
paragraph (1).''.

f331f71fc3f7325f0f702652fc00c4af44b35c63a5e870aef21f694e31cb28fe

(a) In General.--Section 1447 (42 U.S.C. 300j-6) is amended by
redesignating subsection (c) as subsection (d) and by striking
subsections (a) and (b) and inserting the following:
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government--
``(1) owning or operating any facility in a wellhead protection
area;
``(2) engaged in any activity at such facility resulting, or
which may result, in the contamination of water supplies in any
such area;
``(3) owning or operating any public water system; or
``(4) engaged in any activity resulting, or which may result
in, underground injection which endangers drinking water (within
the meaning of section 1421(d)(2)),
shall be subject to, and comply with, all Federal, State, interstate,
and local requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce such
relief), respecting the protection of such wellhead areas, respecting
such public water systems, and respecting any underground injection in
the same manner and to the same extent as any person is subject to such
requirements, including the payment of reasonable service charges. The
Federal, State, interstate, and local substantive and procedural
requirements referred to in this subsection include, but are not
limited to, all administrative orders and all civil and administrative
penalties and fines, regardless of whether such penalties or fines are
punitive or coercive in nature or are imposed for isolated,
intermittent, or continuing violations. The United States hereby
expressly waives any immunity otherwise applicable to the United States
with respect to any such substantive or procedural requirement
(including, but not limited to, any injunctive relief, administrative
order or civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The reasonable
service charges referred to in this subsection include, but are not
limited to, fees or charges assessed in connection with the processing
and issuance of permits, renewal of permits, amendments to permits,
review of plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local regulatory program respecting the protection of
wellhead areas or public water systems or respecting any underground
injection. Neither the United States, nor any agent, employee, or
officer thereof, shall be immune or exempt from any process or sanction
of any State or Federal Court with respect to the enforcement of any
such injunctive relief. No agent, employee, or officer of the United
States shall be personally liable for any civil penalty under any
Federal, State, interstate, or local law concerning the protection of
wellhead areas or public water systems or concerning underground
injection with respect to any act or omission within the scope of the
official duties of the agent, employee, or officer. An agent, employee,
or officer of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or imprisonment)
under any Federal or State requirement adopted pursuant to this title,
but no department, agency, or instrumentality of the executive,
legislative, or judicial branch of the Federal Government shall be
subject to any such sanction. The President may exempt any facility of
any department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he determines it to be in the
paramount interest of the United States to do so. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make available
such requested appropriation. Any exemption shall be for a period not
in excess of 1 year, but additional exemptions may be granted for
periods not to exceed 1 year upon the President's making a new
determination. The President shall report each January to the Congress
all exemptions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting each
such exemption.
``(b) Administrative Penalty Orders.--
``(1) In general.--If the Administrator finds that a Federal
agency has violated an applicable requirement under this title, the
Administrator may issue a penalty order assessing a penalty against
the Federal agency.
``(2) Penalties.--The Administrator may, after notice to the
agency, assess a civil penalty against the agency in an amount not
to exceed $25,000 per day per violation.
``(3) Procedure.--Before an administrative penalty order issued
under this subsection becomes final, the Administrator shall
provide the agency an opportunity to confer with the Administrator
and shall provide the agency notice and an opportunity for a
hearing on the record in accordance with chapters 5 and 7 of title
5, United States Code.
``(4) Public review.--
``(A) In general.--Any interested person may obtain review
of an administrative penalty order issued under this
subsection. The review may be obtained in the United States
District Court for the District of Columbia or in the United
States District Court for the district in which the violation
is alleged to have occurred by the filing of a complaint with
the court within the 30-day period beginning on the date the
penalty order becomes final. The person filing the complaint
shall simultaneously send a copy of the complaint by certified
mail to the Administrator and the Attorney General.
``(B) Record.--The Administrator shall promptly file in the
court a certified copy of the record on which the order was
issued.
``(C) Standard of review.--The court shall not set aside or
remand the order unless the court finds that there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or that the assessment of
the penalty by the Administrator constitutes an abuse of
discretion.
``(D) Prohibition on additional penalties.--The court may
not impose an additional civil penalty for a violation that is
subject to the order unless the court finds that the assessment
constitutes an abuse of discretion by the Administrator.
``(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of enactment of
the Safe Drinking Water Act Amendments of 1996 or a State constitution
requires the funds to be used in a different manner, all funds
collected by a State from the Federal Government from penalties and
fines imposed for violation of any substantive or procedural
requirement referred to in subsection (a) shall be used by the State
only for projects designed to improve or protect the environment or to
defray the costs of environmental protection or enforcement.''.
(b) Citizen Enforcement.--(1) The first sentence of section 1449(a)
(42 U.S.C. 300j-8(a)) is amended--
(A) in paragraph (1), by striking ``, or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) for the collection of a penalty by the United States
Government (and associated costs and interest) against any Federal
agency that fails, by the date that is 18 months after the
effective date of a final order to pay a penalty assessed by the
Administrator under section 1429(b), to pay the penalty.''.
(2) Subsection (b) of section 1449 (42 U.S.C. 300j-8(b)) is amended
by striking the period at the end of paragraph (2) and inserting ``;
or'' and by adding the following new paragraph after paragraph (2):
``(3) under subsection (a)(3) prior to 60 days after the
plaintiff has given notice of such action to the Attorney General
and to the Federal agency.''.
(c) Washington Aqueduct.--Section 1447 (42 U.S.C. 300j-6) is
amended by adding at the end the following:
``(e) Washington Aqueduct.--The Secretary of the Army shall not
pass the cost of any penalty assessed under this title on to any
customer, user, or other purchaser of drinking water from the
Washington Aqueduct system, including finished water from the
Dalecarlia or McMillan treatment plant.''.

62dfba2ff531880db43882255d6905a41112eb2dd200272f6aa5b4ba146d02ea

0d09efe8caf02dc900bfd6fa73c7392232e78cabe7d5290ffc44486912cdeba7

Part C (42 U.S.C. 300h et seq.) is amended by adding at the end the
following:
``STATE GROUND WATER PROTECTION GRANTS
``Sec. 1429. (a) In General.--The Administrator may make a grant to
a State for the development and implementation of a State program to
ensure the coordinated and comprehensive protection of ground water
resources within the State.
``(b) Guidance.--Not later than 1 year after the date of enactment
of the Safe Drinking Water Act Amendments of 1996, and annually
thereafter, the Administrator shall publish guidance that establishes
procedures for application for State groundwater protection program
assistance and that identifies key elements of State ground water
protection programs.
``(c) Conditions of Grants.--
``(1) In general.--The Administrator shall award grants to
States that submit an application that is approved by the
Administrator. The Administrator shall determine the amount of a
grant awarded pursuant to this paragraph on the basis of an
assessment of the extent of ground water resources in the State and
the likelihood that awarding the grant will result in sustained and
reliable protection of ground water quality.
``(2) Innovative program grants.--The Administrator may also
award a grant pursuant to this subsection for innovative programs
proposed by a State for the prevention of ground water
contamination.
``(3) Allocation of funds.--The Administrator shall, at a
minimum, ensure that, for each fiscal year, not less than 1 percent
of funds made available to the Administrator by appropriations to
carry out this section are allocated to each State that submits an
application that is approved by the Administrator pursuant to this
section.
``(4) Limitation on grants.--No grant awarded by the
Administrator may be used for a project to remediate ground water
contamination.
``(d) Amount of Grants.--The amount of a grant awarded pursuant to
paragraph (1) shall not exceed 50 percent of the eligible costs of
carrying out the ground water protection program that is the subject of
the grant (as determined by the Administrator) for the 1-year period
beginning on the date that the grant is awarded. The State shall pay a
State share to cover the costs of the ground water protection program
from State funds in an amount that is not less than 50 percent of the
cost of conducting the program.
``(e) Evaluations and Reports.--Not later than 3 years after the
date of enactment of the Safe Drinking Water Act Amendments of 1996,
and every 3 years thereafter, the Administrator shall evaluate the
State ground water protection programs that are the subject of grants
awarded pursuant to this section and report to the Congress on the
status of ground water quality in the United States and the
effectiveness of State programs for ground water protection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 1997 through 2003.''.

1c1cced27ef29e451ee75c688f05c386189edebb04244ad373cb7d8d65a3f361

(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended by
adding at the end the following:
``SOURCE WATER QUALITY ASSESSMENT
``Sec. 1453. (a) Source Water Assessment.--
``(1) Guidance.--Within 12 months after the date of enactment
of the Safe Drinking Water Act Amendments of 1996, after notice and
comment, the Administrator shall publish guidance for States
exercising primary enforcement responsibility for public water
systems to carry out directly or through delegation (for the
protection and benefit of public water systems and for the support
of monitoring flexibility) a source water assessment program within
the State's boundaries. Each State adopting modifications to
monitoring requirements pursuant to section 1418(b) shall, prior to
adopting such modifications, have an approved source water
assessment program under this section and shall carry out the
program either directly or through delegation.
``(2) Program requirements.--A source water assessment program
under this subsection shall--
``(A) delineate the boundaries of the assessment areas in
such State from which one or more public water systems in the
State receive supplies of drinking water, using all reasonably
available hydrogeologic information on the sources of the
supply of drinking water in the State and the water flow,
recharge, and discharge and any other reliable information as
the State deems necessary to adequately determine such areas;
and
``(B) identify for contaminants regulated under this title
for which monitoring is required under this title (or any
unregulated contaminants selected by the State, in its
discretion, which the State, for the purposes of this
subsection, has determined may present a threat to public
health), to the extent practical, the origins within each
delineated area of such contaminants to determine the
susceptibility of the public water systems in the delineated
area to such contaminants.
``(3) Approval, implementation, and monitoring relief.--A State
source water assessment program under this subsection shall be
submitted to the Administrator within 18 months after the
Administrator's guidance is issued under this subsection and shall
be deemed approved 9 months after the date of such submittal unless
the Administrator disapproves the program as provided in section
1428(c). States shall begin implementation of the program
immediately after its approval. The Administrator's approval of a
State program under this subsection shall include a timetable,
established in consultation with the State, allowing not more than
2 years for completion after approval of the program. Public water
systems seeking monitoring relief in addition to the interim relief
provided under section 1418(a) shall be eligible for monitoring
relief, consistent with section 1418(b), upon completion of the
assessment in the delineated source water assessment area or areas
concerned.
``(4) Timetable.--The timetable referred to in paragraph (3)
shall take into consideration the availability to the State of
funds under section 1452 (relating to State loan funds) for
assessments and other relevant factors. The Administrator may
extend any timetable included in a State program approved under
paragraph (3) to extend the period for completion by an additional
18 months.
``(5) Demonstration project.--The Administrator shall, as soon
as practicable, conduct a demonstration project, in consultation
with other Federal agencies, to demonstrate the most effective and
protective means of assessing and protecting source waters serving
large metropolitan areas and located on Federal lands.
``(6) Use of other programs.--To avoid duplication and to
encourage efficiency, the program under this section may make use
of any of the following:
``(A) Vulnerability assessments, sanitary surveys, and
monitoring programs.
``(B) Delineations or assessments of ground water sources
under a State wellhead protection program developed pursuant to
this section.
``(C) Delineations or assessments of surface or ground
water sources under a State pesticide management plan developed
pursuant to the Pesticide and Ground Water State Management
Plan Regulation (subparts I and J of part 152 of title 40, Code
of Federal Regulations), promulgated under section 3(d) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(d)).
``(D) Delineations or assessments of surface water sources
under a State watershed initiative or to satisfy the watershed
criterion for determining if filtration is required under the
Surface Water Treatment Rule (section 141.70 of title 40, Code
of Federal Regulations).
``(E) Delineations or assessments of surface or ground
water sources under programs or plans pursuant to the Federal
Water Pollution Control Act.
``(7) Public availability.--The State shall make the results of
the source water assessments conducted under this subsection
available to the public.
``(b) Approval and Disapproval.--For provisions relating to program
approval and disapproval, see section 1428(c).''.
(b) Approval and Disapproval of State Programs.--Section 1428 (42
U.S.C. 300h-7) is amended as follows:
(1) Amend the first sentence of subsection (c)(1) to read as
follows: ``If, in the judgment of the Administrator, a State
program or portion thereof under subsection (a) is not adequate to
protect public water systems as required by subsection (a) or a
State program under section 1453 or section 1418(b) does not meet
the applicable requirements of section 1453 or section 1418(b), the
Administrator shall disapprove such program or portion thereof.''.
(2) Add after the second sentence of subsection (c)(1) the
following: ``A State program developed pursuant to section 1453 or
section 1418(b) shall be deemed to meet the applicable requirements
of section 1453 or section 1418(b) unless the Administrator
determines within 9 months of the receipt of the program that such
program (or portion thereof) does not meet such requirements.''.
(3) In the third sentence of subsection (c)(1) and in
subsection (c)(2), strike ``is inadequate'' and insert ``is
disapproved''.
(4) In subsection (b), add the following before the period at
the end of the first sentence: ``and source water assessment
programs under section 1453''.

3c6977961ca3456397c5f416468c20211c0b3923a0003c235f60e077cba18c98

(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended by
adding at the end the following:
``SOURCE WATER PETITION PROGRAM
``Sec. 1454. (a) Petition Program.--
``(1) In general.--
``(A) Establishment.--A State may establish a program under
which an owner or operator of a community water system in the
State, or a municipal or local government or political
subdivision of a State, may submit a source water quality
protection partnership petition to the State requesting that
the State assist in the local development of a voluntary,
incentive-based partnership, among the owner, operator, or
government and other persons likely to be affected by the
recommendations of the partnership, to--
``(i) reduce the presence in drinking water of
contaminants that may be addressed by a petition by
considering the origins of the contaminants, including to
the maximum extent practicable the specific activities that
affect the drinking water supply of a community;
``(ii) obtain financial or technical assistance
necessary to facilitate establishment of a partnership, or
to develop and implement recommendations of a partnership
for the protection of source water to assist in the
provision of drinking water that complies with national
primary drinking water regulations with respect to
contaminants addressed by a petition; and
``(iii) develop recommendations regarding voluntary and
incentive-based strategies for the long-term protection of
the source water of community water systems.
``(B) Funding.--Each State may--
``(i) use funds set aside pursuant to section
1452(k)(1)(A)(iii) by the State to carry out a program
described in subparagraph (A), including assistance to
voluntary local partnerships for the development and
implementation of partnership recommendations for the
protection of source water such as source water quality
assessment, contingency plans, and demonstration projects
for partners within a source water area delineated under
section 1453(a); and
``(ii) provide assistance in response to a petition
submitted under this subsection using funds referred to in
subsection (b)(2)(B).
``(2) Objectives.--The objectives of a petition submitted under
this subsection shall be to--
``(A) facilitate the local development of voluntary,
incentive-based partnerships among owners and operators of
community water systems, governments, and other persons in
source water areas; and
``(B) obtain assistance from the State in identifying
resources which are available to implement the recommendations
of the partnerships to address the origins of drinking water
contaminants that may be addressed by a petition (including to
the maximum extent practicable the specific activities
contributing to the presence of the contaminants) that affect
the drinking water supply of a community.
``(3) Contaminants addressed by a petition.--A petition
submitted to a State under this subsection may address only those
contaminants--
``(A) that are pathogenic organisms for which a national
primary drinking water regulation has been established or is
required under section 1412; or
``(B) for which a national primary drinking water
regulation has been promulgated or proposed and that are
detected by adequate monitoring methods in the source water at
the intake structure or in any collection, treatment, storage,
or distribution facilities by the community water systems at
levels--
``(i) above the maximum contaminant level; or
``(ii) that are not reliably and consistently below the
maximum contaminant level.
``(4) Contents.--A petition submitted under this subsection
shall, at a minimum--
``(A) include a delineation of the source water area in the
State that is the subject of the petition;
``(B) identify, to the maximum extent practicable, the
origins of the drinking water contaminants that may be
addressed by a petition (including to the maximum extent
practicable the specific activities contributing to the
presence of the contaminants) in the source water area
delineated under section 1453;
``(C) identify any deficiencies in information that will
impair the development of recommendations by the voluntary
local partnership to address drinking water contaminants that
may be addressed by a petition;
``(D) specify the efforts made to establish the voluntary
local partnership and obtain the participation of--
``(i) the municipal or local government or other
political subdivision of the State with jurisdiction over
the source water area delineated under section 1453; and
``(ii) each person in the source water area delineated
under section 1453--
``(I) who is likely to be affected by
recommendations of the voluntary local partnership; and
``(II) whose participation is essential to the
success of the partnership;
``(E) outline how the voluntary local partnership has or
will, during development and implementation of recommendations
of the voluntary local partnership, identify, recognize and
take into account any voluntary or other activities already
being undertaken by persons in the source water area delineated
under section 1453 under Federal or State law to reduce the
likelihood that contaminants will occur in drinking water at
levels of public health concern; and
``(F) specify the technical, financial, or other assistance
that the voluntary local partnership requests of the State to
develop the partnership or to implement recommendations of the
partnership.
``(b) Approval or Disapproval of Petitions.--
``(1) In general.--After providing notice and an opportunity
for public comment on a petition submitted under subsection (a),
the State shall approve or disapprove the petition, in whole or in
part, not later than 120 days after the date of submission of the
petition.
``(2) Approval.--The State may approve a petition if the
petition meets the requirements established under subsection (a).
The notice of approval shall, at a minimum, include for
informational purposes--
``(A) an identification of technical, financial, or other
assistance that the State will provide to assist in addressing
the drinking water contaminants that may be addressed by a
petition based on--
``(i) the relative priority of the public health
concern identified in the petition with respect to the
other water quality needs identified by the State;
``(ii) any necessary coordination that the State will
perform of the program established under this section with
programs implemented or planned by other States under this
section; and
``(iii) funds available (including funds available from
a State revolving loan fund established under title VI of
the Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.)) or section 1452;
``(B) a description of technical or financial assistance
pursuant to Federal and State programs that is available to
assist in implementing recommendations of the partnership in
the petition, including--
``(i) any program established under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
``(ii) the program established under section 6217 of
the Coastal Zone Act Reauthorization Amendments of 1990 (16
U.S.C. 1455b);
``(iii) the agricultural water quality protection
program established under chapter 2 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3838 et
seq.);
``(iv) the sole source aquifer protection program
established under section 1427;
``(v) the community wellhead protection program
established under section 1428;
``(vi) any pesticide or ground water management plan;
``(vii) any voluntary agricultural resource management
plan or voluntary whole farm or whole ranch management plan
developed and implemented under a process established by
the Secretary of Agriculture; and
``(viii) any abandoned well closure program; and
``(C) a description of activities that will be undertaken
to coordinate Federal and State programs to respond to the
petition.
``(3) Disapproval.--If the State disapproves a petition
submitted under subsection (a), the State shall notify the entity
submitting the petition in writing of the reasons for disapproval.
A petition may be resubmitted at any time if--
``(A) new information becomes available;
``(B) conditions affecting the source water that is the
subject of the petition change; or
``(C) modifications are made in the type of assistance
being requested.
``(c) Grants to Support State Programs.--
``(1) In general.--The Administrator may make a grant to each
State that establishes a program under this section that is
approved under paragraph (2). The amount of each grant shall not
exceed 50 percent of the cost of administering the program for the
year in which the grant is available.
``(2) Approval.--In order to receive grant assistance under
this subsection, a State shall submit to the Administrator for
approval a plan for a source water quality protection partnership
program that is consistent with the guidance published under
subsection (d). The Administrator shall approve the plan if the
plan is consistent with the guidance published under subsection
(d).
``(d) Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator, in consultation with
the States, shall publish guidance to assist--
``(A) States in the development of a source water quality
protection partnership program; and
``(B) municipal or local governments or political
subdivisions of a State and community water systems in the
development of source water quality protection partnerships and
in the assessment of source water quality.
``(2) Contents of the guidance.--The guidance shall, at a
minimum--
``(A) recommend procedures for the approval or disapproval
by a State of a petition submitted under subsection (a);
``(B) recommend procedures for the submission of petitions
developed under subsection (a);
``(C) recommend criteria for the assessment of source water
areas within a State; and
``(D) describe technical or financial assistance pursuant
to Federal and State programs that is available to address the
contamination of sources of drinking water and to develop and
respond to petitions submitted under subsection (a).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 1997 through 2003. Each State with a plan for a program
approved under subsection (b) shall receive an equitable portion of the
funds available for any fiscal year.
``(f) Statutory Construction.--Nothing in this section--
``(1)(A) creates or conveys new authority to a State, political
subdivision of a State, or community water system for any new
regulatory measure; or
``(B) limits any authority of a State, political subdivision,
or community water system; or
``(2) precludes a community water system, municipal or local
government, or political subdivision of a government from locally
developing and carrying out a voluntary, incentive-based, source
water quality protection partnership to address the origins of
drinking water contaminants of public health concern.''.
(b) Sense of the Congress.--It is the sense of the Congress that
each State in establishing priorities under section 606(c)(1) of the
Federal Water Pollution Control Act should give special consideration
to projects that are eligible for funding under that Act and have been
recommended pursuant to a petition submitted under section 1454 of the
Safe Drinking Water Act.

f51d288a858ef0b18dca163bb0570c5bf4ab4592f0ef75ee1ddaeecaa245f76c

Part E (42 U.S.C. 300j et seq.) is amended by adding at the end the
following:
``WATER CONSERVATION PLAN
``Sec. 1455. (a) Guidelines.--Not later than 2 years after the date
of enactment of the Safe Drinking Water Act Amendments of 1996, the
Administrator shall publish in the Federal Register guidelines for
water conservation plans for public water systems serving fewer than
3,300 persons, public water systems serving between 3,300 and 10,000
persons, and public water systems serving more than 10,000 persons,
taking into consideration such factors as water availability and
climate.
``(b) Loans or Grants.--Within 1 year after publication of the
guidelines under subsection (a), a State exercising primary enforcement
responsibility for public water systems may require a public water
system, as a condition of receiving a loan or grant from a State loan
fund under section 1452, to submit with its application for such loan
or grant a water conservation plan consistent with such guidelines.''.

93eb9af1197136dd24bb52235109db93535768375f18634669b0dd2092dbc230

Part E (42 U.S.C. 300j et seq.) is amended by adding the following
new section at the end thereof:
``ASSISTANCE TO COLONIAS
``Sec. 1456. (a) Definitions.--As used in this section:
``(1) Border state.--The term `border State' means Arizona,
California, New Mexico, and Texas.
``(2) Eligible community.--The term `eligible community' means
a low-income community with economic hardship that--
``(A) is commonly referred to as a colonia;
``(B) is located along the United States-Mexico border
(generally in an unincorporated area); and
``(C) lacks a safe drinking water supply or adequate
facilities for the provision of safe drinking water for human
consumption.
``(b) Grants To Alleviate Health Risks.--The Administrator of the
Environmental Protection Agency and the heads of other appropriate
Federal agencies are authorized to award grants to a border State to
provide assistance to eligible communities to facilitate compliance
with national primary drinking water regulations or otherwise
significantly further the health protection objectives of this title.
``(c) Use of Funds.--Each grant awarded pursuant to subsection (b)
shall be used to provide assistance to one or more eligible communities
with respect to which the residents are subject to a significant health
risk (as determined by the Administrator or the head of the Federal
agency making the grant) attributable to the lack of access to an
adequate and affordable drinking water supply system.
``(d) Cost Sharing.--The amount of a grant awarded pursuant to this
section shall not exceed 50 percent of the costs of carrying out the
project that is the subject of the grant.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 1997 through 1999.''.

849dc4e475e4c2fd67b2873da0a4629f259a9d8f1c6df086732dd79144b70cc7

Part E (42 U.S.C. 300j et seq.) is amended by adding at the end the
following:
``ESTROGENIC SUBSTANCES SCREENING PROGRAM
``Sec. 1457. In addition to the substances referred to in section
408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(p)(3)(B)) the Administrator may provide for testing under the
screening program authorized by section 408(p) of such Act, in
accordance with the provisions of section 408(p) of such Act, of any
other substance that may be found in sources of drinking water if the
Administrator determines that a substantial population may be exposed
to such substance.''.

926d859a54070ecd023d9165fb44cedd7d9eb43551bd588ebb365b97d6b5daf7

Part E (42 U.S.C. 300j et seq.) is amended by adding after section
1457 the following:
``drinking water studies
``Sec. 1458. (a) Subpopulations at Greater Risk.--
``(1) In general.--The Administrator shall conduct a continuing
program of studies to identify groups within the general population
that may be at greater risk than the general population of adverse
health effects from exposure to contaminants in drinking water. The
study shall examine whether and to what degree infants, children,
pregnant women, the elderly, individuals with a history of serious
illness, or other subpopulations that can be identified and
characterized are likely to experience elevated health risks,
including risks of cancer, from contaminants in drinking water.
``(2) Report.--Not later than 4 years after the date of
enactment of this subsection and periodically thereafter as new and
significant information becomes available, the Administrator shall
report to the Congress on the results of the studies.
``(b) Biological Mechanisms.--The Administrator shall conduct
biomedical studies to--
``(1) understand the mechanisms by which chemical contaminants
are absorbed, distributed, metabolized, and eliminated from the
human body, so as to develop more accurate physiologically based
models of the phenomena;
``(2) understand the effects of contaminants and the mechanisms
by which the contaminants cause adverse effects (especially
noncancer and infectious effects) and the variations in the effects
among humans, especially subpopulations at greater risk of adverse
effects, and between test animals and humans; and
``(3) develop new approaches to the study of complex mixtures,
such as mixtures found in drinking water, especially to determine
the prospects for synergistic or antagonistic interactions that may
affect the shape of the dose-response relationship of the
individual chemicals and microbes, and to examine noncancer
endpoints and infectious diseases, and susceptible individuals and
subpopulations.
``(c) Studies on Harmful Substances in Drinking Water.--
``(1) Development of studies.--The Administrator shall, not
later than 180 days after the date of enactment of this section and
after consultation with the Secretary of Health and Human Services,
the Secretary of Agriculture, and, as appropriate, the heads of
other Federal agencies, conduct the studies described in paragraph
(2) to support the development and implementation of the most
current version of each of the following:
``(A) Enhanced Surface Water Treatment Rule (59 Fed. Reg.
38832 (July 29, 1994)).
``(B) Disinfectant and Disinfection Byproducts Rule (59
Fed. Reg. 38668 (July 29, 1994)).
``(C) Ground Water Disinfection Rule (availability of draft
summary announced at (57 Fed. Reg. 33960; July 31, 1992)).
``(2) Contents of studies.--The studies required by paragraph
(1) shall include, at a minimum, each of the following:
``(A) Toxicological studies and, if warranted,
epidemiological studies to determine what levels of exposure
from disinfectants and disinfection byproducts, if any, may be
associated with developmental and birth defects and other
potential toxic end points.
``(B) Toxicological studies and, if warranted,
epidemiological studies to quantify the carcinogenic potential
from exposure to disinfection byproducts resulting from
different disinfectants.
``(C) The development of dose-response curves for
pathogens, including cryptosporidium and the Norwalk virus.
``(3) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $12,500,000 for each
of fiscal years 1997 through 2003.
``(d) Waterborne Disease Occurrence Study.--
``(1) System.--The Director of the Centers for Disease Control
and Prevention, and the Administrator shall jointly--
``(A) within 2 years after the date of enactment of this
section, conduct pilot waterborne disease occurrence studies
for at least 5 major United States communities or public water
systems; and
``(B) within 5 years after the date of enactment of this
section, prepare a report on the findings of the pilot studies,
and a national estimate of waterborne disease occurrence.
``(2) Training and education.--The Director and Administrator
shall jointly establish a national health care provider training
and public education campaign to inform both the professional
health care provider community and the general public about
waterborne disease and the symptoms that may be caused by
infectious agents, including microbial contaminants. In developing
such a campaign, they shall seek comment from interested groups and
individuals, including scientists, physicians, State and local
governments, environmental groups, public water systems, and
vulnerable populations.
``(3) Funding.--There are authorized to be appropriated for
each of the fiscal years 1997 through 2001, $3,000,000 to carry out
this subsection. To the extent funds under this subsection are not
fully appropriated, the Administrator may use not more than
$2,000,000 of the funds from amounts reserved under section 1452(n)
for health effects studies for purposes of this subsection. The
Administrator may transfer a portion of such funds to the Centers
for Disease Control and Prevention for such purposes.''.

6799ac9ac322090ebad7a548f592e6d992b669f02a4ac5dbfa6bbd5261ee1199

Other than amounts authorized to be appropriated to the
Administrator of the Environmental Protection Agency under other titles
of this Act, there are authorized to be appropriated such additional
sums as may be necessary for drinking water research for fiscal years
1997 through 2003. The annual total of such additional sums authorized
to be appropriated under this section shall not exceed $26,593,000.

13a057aa7b53c163fbdfcdba3fc17b760fc2a524ee18305f2ddca01cc93f07c5

TITLE II

-DRINKING WATER RESEARCH

(a) In General.--The Administrator shall--
(1) develop a strategic plan for drinking water research
activities throughout the Environmental Protection Agency (in this
section referred to as the ``Agency'');
(2) integrate that strategic plan into ongoing Agency planning
activities; and
(3) review all Agency drinking water research to ensure the
research--
(A) is of high quality; and
(B) does not duplicate any other research being conducted
by the Agency.
(b) Plan.--The Administrator shall transmit the plan to the
Committees on Commerce and Science of the House of Representatives and
the Committee on Environment and Public Works of the Senate and the
plan shall be made available to the public.

7e5e738e68ffb55ecd7dfc13add9f465203acd71bd7a54185bce591a73f23091

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. No funds are authorized by this
section.

f55d22a78217e97b46ffbc9fbc8fbb5c4cd781b263de5c56a832a728d1b373ac

Section 3013 of Public Law 102-486 (42 U.S.C. 13551) is repealed.

aef4930ddf27d1af98360e1985d762ff2e108282d3c23816efb322a6abeedbe8

(a) In General.--Notwithstanding any other provision of law, at any
time after the date 1 year after a State establishes a State loan fund
pursuant to section 1452 of the Safe Drinking Water Act but prior to
fiscal year 2002, a Governor of the State may--
(1) reserve up to 33 percent of a capitalization grant made
pursuant to such section 1452 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
(2) reserve in any year a dollar amount up to the dollar amount
that may be reserved under paragraph (1) 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 1452 of the Safe Drinking Water Act.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Administrator shall submit a report to the Congress
regarding the implementation of this section, together with the
Administrator's recommendations, if any, for modifications or
improvement.
(c) State Match.--Funds reserved pursuant to this section shall not
be considered to be a State match of a capitalization grant required
pursuant to section 1452 of the Safe Drinking Water Act or the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).

564ec7f71ac40127ef70d516b7b374b771358842969e70cb70a75444d201f9d4

VILLAGES.
(a) 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--
(1) the development and construction of public water systems
and wastewater systems to improve the health and sanitation
conditions in the villages; and
(2) training, technical assistance, and educational programs
relating to the operation and management of sanitation services in
rural and Native villages.
(b) Federal Share.--The Federal share of the cost of the activities
described in subsection (a) shall be 50 percent.
(c) 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 subsection (a).
(d) 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 subsection (a) according to the needs of,
and relative health and sanitation conditions in, each eligible
village.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each of the fiscal years 1997 through 2000
to carry out this section.

04a189d1b7307f819e9fabfc22d0c6eecf01f1bb3c9ad490562a55a59b60e5f8

It is the sense of the Congress that appropriations for grants
under section 128 (relating to New York City watershed), section 135
(relating to colonias), and section 307 (relating to Alaska Native
villages) should not be provided if such appropriations would prevent
the adequate capitalization of State revolving loan funds.

5541183cba083ccf116eff30a09fc06d0d36d4c41f49909fe90077775510d83a

Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
349) is amended as follows:
(1) By striking ``Whenever'' and inserting ``(a) Except as
provided in subsection (b), whenever''.
(2) By adding at the end the following new subsection:
``(b)(1) Not later than 180 days before the effective date of a
national primary drinking water regulation promulgated by the
Administrator of the Environmental Protection Agency for a contaminant
under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1),
the Secretary shall promulgate a standard of quality regulation under
this subsection for that contaminant in bottled water or make a finding
that such a regulation is not necessary to protect the public health
because the contaminant is contained in water in public water systems
(as defined under section 1401(4) of such Act (42 U.S.C. 300f(4))) but
not in water used for bottled drinking water. The effective date for
any such standard of quality regulation shall be the same as the
effective date for such national primary drinking water regulation,
except for any standard of quality of regulation promulgated by the
Secretary before the date of enactment of the Safe Drinking Water Act
Amendments of 1996 for which (as of such date of enactment) an
effective date had not been established. In the case of a standard of
quality regulation to which such exception applies, the Secretary shall
promulgate monitoring requirements for the contaminants covered by the
regulation not later than 2 years after such date of enactment.
``(2) A regulation issued by the Secretary as provided in this
subsection shall include any monitoring requirements that the Secretary
determines appropriate for bottled water.
``(3) A regulation issued by the Secretary as provided in this
subsection shall require the following:
``(A) In the case of contaminants for which a maximum
contaminant level is established in a national primary drinking
water regulation under section 1412 of the Safe Drinking Water Act
(42 U.S.C. 300g-1), the regulation under this subsection shall
establish a maximum contaminant level for the contaminant in
bottled water which is no less stringent than the maximum
contaminant level provided in the national primary drinking water
regulation.
``(B) In the case of contaminants for which a treatment
technique is established in a national primary drinking water
regulation under section 1412 of the Safe Drinking Water Act (42
U.S.C. 300g-1), the regulation under this subsection shall require
that bottled water be subject to requirements no less protective of
the public health than those applicable to water provided by public
water systems using the treatment technique required by the
national primary drinking water regulation.
``(4)(A) If the Secretary does not promulgate a regulation under
this subsection within the period described in paragraph (1), the
national primary drinking water regulation referred to in paragraph (1)
shall be considered, as of the date on which the Secretary is required
to establish a regulation under paragraph (1), as the regulation
applicable under this subsection to bottled water.
``(B) In the case of a national primary drinking water regulation
that pursuant to subparagraph (A) is considered to be a standard of
quality regulation, the Secretary shall, not later than the applicable
date referred to in such subparagraph, publish in the Federal Register
a notice--
``(i) specifying the contents of such regulation, including
monitoring requirements; and
``(ii) providing that for purposes of this paragraph the
effective date for such regulation is the same as the effective
date for the regulation for purposes of the Safe Drinking Water Act
(or, if the exception under paragraph (1) applies to the
regulation, that the effective date for the regulation is not later
than 2 years and 180 days after the date of enactment of the Safe
Drinking Water Act Amendments of 1996).''.

6e8f79ff47c39b863b264e0c19cfc39a6eb624d42695dcc00d8cba3a48772406

(a) Definitions.--In this section:
(1) Non-federal public water supply customer.--The terms ``non-
Federal public water supply customer'' and ``customer'' mean--
(A) the District of Columbia;
(B) Arlington County, Virginia; and
(C) the city of Falls Church, Virginia.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Army, acting through the Chief of Engineers.
(3) Value to the government.--The term ``value to the
Government'' means the net present value of a contract entered into
under subsection (e)(2), calculated in accordance with
subparagraphs (A) and (B) of section 502(5) of the Congressional
Budget Act of 1974 (2 U.S.C. 66la(5)), other than section
502(5)(B)(I) of the Act, as though the contract provided for
repayment of a direct loan to a customer.
(4) Washington aqueduct.--The term ``Washington Aqueduct''
means the Washington Aqueduct facilities and related facilities
owned by the Federal Government as of the date of enactment of this
Act, including--
(A) the dams, intake works, conduits, and pump stations
that capture and transport raw water from the Potomac River to
the Dalecarlia Reservoir;
(B) the infrastructure and appurtenances used to treat
water taken from the Potomac River to potable standards; and
(C) related water distribution facilities.
(b) Regional Entity.--
(1) In general.--The Congress encourages and grants consent to
the customers to establish a non-Federal public or private entity,
or to enter into an agreement with an existing non-Federal public
or private entity, to--
(A) receive title to the Washington Aqueduct; and
(B) operate, maintain, and manage the Washington Aqueduct
in a manner that adequately represents all interests of its
customers.
(2) Consideration.--If an entity receiving title to the
Washington Aqueduct is not composed entirely of non-Federal public
water supply customers, the entity shall consider the customers'
historical provision of equity for the Aqueduct.
(3) Priority access.--The customers shall have priority access
to any water produced by the Washington Aqueduct.
(4) Consent of the congress.--The Congress grants consent to
the customers to enter into any interstate agreement or compact
required to carry out this section.
(5) Statutory construction.--This section shall not preclude
the customers from pursuing any option regarding ownership,
operation, maintenance, and management of the Washington Aqueduct.
(c) Progress Report and Plan.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall report to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives on
any progress in achieving the objectives of subsection (b)(1) and shall
submit a plan for the transfer of ownership, operation, maintenance,
and management of the Washington Aqueduct to a non-Federal public or
private entity. Such plan shall include a detailed consideration of any
proposal to transfer such ownership, maintenance, or management to a
private entity.
(d) Transfer.--
(1) In general.--Subject to subsection (b)(2), the other
provisions of this subsection, and any other terms and conditions
the Secretary considers appropriate to protect the interests of the
United States, the Secretary shall, not later than 3 years after
the date of enactment of this Act and with the consent of a
majority of the customers and without consideration to the Federal
Government, transfer all right, title, and interest of the United
States in the Washington Aqueduct, and its real property,
facilities, and personalty, to a non-Federal, public or private
entity. Approval of such transfer shall not be unreasonably
withheld by the Secretary.
(2) Adequate capabilities.--The Secretary shall transfer
ownership of the Washington Aqueduct under paragraph (1) only if
the Secretary determines, after opportunity for public input, that
the entity to receive ownership of the Aqueduct has the technical,
managerial, and financial capability to operate, maintain, and
manage the Aqueduct.
(3) Responsibilities.--The Secretary shall not transfer title
under this subsection unless the entity to receive title assumes
full responsibility for performing and financing the operation,
maintenance, repair, replacement, rehabilitation, and necessary
capital improvements of the Washington Aqueduct so as to ensure the
continued operation of the Washington Aqueduct consistent with the
Aqueduct's intended purpose of providing an uninterrupted supply of
potable water sufficient to meet the current and future needs of
the Aqueduct's service area.
(e) Borrowing Authority.--
(1) Borrowing.--
(A) In general.--Subject to the other provisions of this
paragraph and paragraph (2), the Secretary is authorized to
borrow from the Treasury of the United States such amounts for
fiscal years 1997, 1998, and 1999 as are sufficient to cover
any obligations that the Army Corps of Engineers is required to
incur in carrying out capital improvements during fiscal years
1997, 1998, and 1999 for the Washington Aqueduct to ensure
continued operation of the Aqueduct until such time as a
transfer of title to the Aqueduct has taken place.
(E) Limitation.--The amount borrowed by the Secretary under
subparagraph (A) may not exceed $29,000,000 for fiscal year
1997, $24,000,000 for fiscal year 1998, and $22,000,000 for
fiscal year 1999.
(C) Agreement.--Amounts borrowed under subparagraph (A) may
only be used for capital improvements agreed to by the Army
Corps of Engineers and the customers.
(D) Terms of borrowing.--
(i) In general.--The Secretary of the Treasury shall
provide the funds borrowed under subparagraph (A) under
such terms and conditions as the Secretary of Treasury
determines to be necessary and in the public interest and
subject to the contracts required under paragraph (2).
(ii) Term.--The term of any loan made under
subparagraph (A) shall be for a period of not less than 20
years.
(iii) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under subparagraph (A).
(2) Contracts with customers.--
(A) In general.--The borrowing authority under paragraph
(1)(A) shall be effective only after the Chief of Engineers has
entered into contracts with each customer under which the
customer commits to repay a pro rata share (based on water
purchase) of the principal and interest owed by the Secretary
to the Secretary of the Treasury under paragraph (1).
(B) Prepayment.--Any customer may repay, at any time, the
pro rata share of the principal and interest then owed by the
customer and outstanding, or any portion thereof, without
penalty.
(C) Risk of default.--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.
(D) Obligations.--Each contract under subparagraph (A)
shall include such terms and conditions as the Secretary of the
Treasury may require so that the value to the Government of the
contracts entered into under subparagraph (A) is estimated to
be equal to the obligations of the Army Corps of Engineers for
carrying out capital improvements at the Washington Aqueduct at
the time that each series of contracts is entered into.
(E) Other conditions.--Each contract entered into under
subparagraph (A) shall--
(i) provide that the customer pledges future income
only from fees assessed for principal and interest payments
required by such contracts and costs to operate and
maintain the Washington Aqueduct;
(ii) provide the United States priority in regard to
income from fees assessed to operate and maintain the
Washington Aqueduct; and
(iii) include other conditions consistent with this
section that the Secretary of the Treasury determines to be
appropriate.
(3) Limitations.--
(A) Borrowing authority.--The Secretary's borrowing
authority for making capital improvements at the Washington
Aqueduct under paragraph (1) shall not extend beyond fiscal
year 1999.
(B) Obligation authority.--Upon expiration of the borrowing
authority exercised under paragraph (1), the Secretary shall
not obligate funds for making capital improvements at the
Washington Aqueduct except funds which are provided in advance
by the customers. This limitation does not affect the
Secretary's authority to conduct normal operation and
maintenance activities, including minor repair and replacement
work.
(4) Impact on improvement program.--Not later than 180 days
after the date of enactment of this Act, the Secretary, in
consultation with other Federal agencies, shall transmit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that assesses the impact of the borrowing
authority provided under this subsection on the near-term
improvement projects in the Washington Aqueduct Improvement
Program, work scheduled, and the financial liability to be
incurred.
(f) Reissuance of NPDES Permit.--Prior to reissuing a National
Pollutant Discharge Elimination System (NPDES) permit for the
Washington Aqueduct, the Administrator of the Environmental Protection
Agency shall consult with the customers and the Secretary regarding
opportunities for more efficient water facility configurations that
might be achieved through various possible transfers of the Washington
Aqueduct. Such consultation shall include specific consideration of
concerns regarding a proposed solids recovery facility, and may include
a public hearing.

1b99048d29583b291388c56dbc2c8b8a6aaeec09ebfe13d8859b56eb8950eb53

(a) Definitions.--As used in this section:
(1) Border state.--The term ``border State'' means Arizona,
California, New Mexico, and Texas.
(2) Eligible community.--The term ``eligible community'' means
a low-income community with economic hardship that--
(A) is commonly referred to as a colonia;
(B) is located along the United States-Mexico border
(generally in an unincorporated area); and
(C) lacks basic sanitation facilities such as household
plumbing or a proper sewage disposal system.
(3) 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)).
(b) Grants for Wastewater Assistance.--The Administrator of the
Environmental Protection Agency and the heads of other appropriate
Federal agencies are authorized to award grants to a border State to
provide assistance to eligible communities for the planning, design,
and construction or improvement of sewers, treatment works, and
appropriate connections for wastewater treatment.
(c) Use of Funds.--Each grant awarded pursuant to subsection (b)
shall be used to provide assistance to one or more eligible communities
with respect to which the residents are subject to a significant health
risk (as determined by the Administrator or the head of the Federal
agency making the grant) attributable to the lack of access to an
adequate and affordable treatment works for wastewater.
(d) Cost Sharing.--The amount of a grant awarded pursuant to this
section shall not exceed 50 percent of the costs of carrying out the
project that is the subject of the grant.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 1997 through 1999.

646e493edf2d8b53e508877da3d50675bd218ca254516a028461fc69ace3d25e

CHAMPLAIN.
(a) Findings.--Section 1002(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is
amended as follows:
(1) By striking ``and'' at the end of paragraph (3).
(2) By striking the period at the end of paragraph (4) and
inserting ``; and''.
(3) 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.''.
(b) 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''.

58905c94956b9bd3362f14061d90f6b7aa54e62ce57a7bf81128e13e8597fe3e

(a) Technical and Financial Assistance.--The Administrator of the
Environmental Protection Agency may provide technical and financial
assistance in the form of grants to States (1) for the construction,
rehabilitation, and improvement of water supply systems, and (2)
consistent with nonpoint source management programs established under
section 319 of the Federal Water Pollution Control Act, for source
water quality protection programs to address pollutants in navigable
waters for the purpose of making such waters usable by water supply
systems.
(b) Limitation.--Not more than 30 percent of the amounts
appropriated to carry out this section in a fiscal year may be used for
source water quality protection programs described in subsection
(a)(2).
(c) Condition.--As a condition to receiving assistance under this
section, a State shall ensure that such assistance is carried out in
the most cost-effective manner, as determined by the State.
(d) Authorization of Appropriations.--
(1) Unconditional authorization.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of
fiscal years 1997 through 2003. Such sums shall remain available
until expended.
(2) Conditional authorization.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to carry out this title $25,000,000 for each of fiscal
years 1997 through 2003, provided that such authorization shall be
in effect for a fiscal year only if at least 75 percent of the
total amount of funds authorized to be appropriated for such fiscal
year by section 1452(m) of the Safe Drinking Water Act are
appropriated.
(e) Acquisition of Lands.--Assistance provided with funds made
available under this title may be used for the acquisition of lands and
other interests in lands; however, nothing in this title authorizes the
acquisition of lands or other interests in lands from other than
willing sellers.
(f) Federal Share.--The Federal share of the cost of activities for
which grants are made under this title shall be 50 percent.
(g) Definitions.--In this section, the following definitions apply:
(1) State.--The term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(2) Water supply system.--The term ``water supply system''
means a system for the provision to the public of piped water for
human consumption if such system has at least 15 service
connections or regularly serves at least 25 individuals and a draw
and fill system for the provision to the public of water for human
consumption. Such term does not include a system owned by a Federal
agency. Such term includes (A) any collection, treatment, storage,
and distribution facilities under control of the operator of such
system and used primarily in connection with such system, and (B)
any collection or pretreatment facilities not under such control
that are used primarily in connection with such system.

376d1be4594f70f6b81ee34f671827ef36a0843fad98c07fcc20d1da89946128

TITLE IV

-ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

(a) Part B.--Part B (42 U.S.C. 300g et seq.) is amended as follows:
(1) In section 1412(b), move the margins of paragraph (11) 2
ems to the right.
(2) In section 1412(b)(8), strike ``1442(g)'' and insert
``1442(e)''.
(3) In section 1415(a)(1)(A), insert ``the'' before ``time the
variance is granted''.
(b) Part C.--Part C (42 U.S.C. 300h et seq.) is amended as follows:
(1) In section 1421(b)(3)(B)(i), strike ``number or States''
and inserting ``number of States''.
(2) In section 1427(k), strike ``this subsection'' and
inserting ``this section''.
(c) Part E.--Section 1441(f) (42 U.S.C. 300j(f)) is amended by
inserting a period at the end.
(d) Section 1465(b).--Section 1465(b) (42 U.S.C. 300j-25(b)) is
amended by striking ``as by'' and inserting ``by''.
(e) Short Title.--Section 1 of Public Law 93-523 (88 Stat. 1600) is
amended by inserting ``of 1974'' after ``Act'' the second place it
appears and title XIV of the Public Health Service Act is amended by
inserting the following immediately before part A:
``SHORT TITLE
``Sec. 1400. This title may be cited as the `Safe Drinking Water
Act'.''.
(f) 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, 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)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Safe Drinking Water Act Amendments of 1996 — S. 1316

Other Sections

TITLE I

TITLE III

TITLE V

TITLE II

TITLE IV

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