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1996 Amendments to the Safe Drinking Water Act -
Public Law 104-182 104th Congress
[DOCID: f:publ182.104]
[[Page 110 STAT. 1613]]
Public Law 104-182
104th Congress
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. <<NOTE: Aug. 6, 1996 - [S. 1316]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Safe Drinking Water Act
Amendments of 1996. Inter-governmental relations. Environmental
protection.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 201 note.>> Short Title.--This Act may be cited
as the ``Safe Drinking Water Act Amendments of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References; effective date; disclaimer.
Sec. 3. Findings.
TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT
Sec. 101. Definitions.
Sec. 102. General authority.
Sec. 103. Risk assessment, management, and communication.
Sec. 104. Standard-setting.
Sec. 105. Treatment technologies for small systems.
Sec. 106. Limited alternative to filtration.
Sec. 107. Ground water disinfection.
Sec. 108. Effective date for regulations.
Sec. 109. Arsenic, sulfate, and radon.
Sec. 110. Recycling of filter backwash.
Sec. 111. Technology and treatment techniques.
Sec. 112. State primacy.
Sec. 113. Enforcement; judicial review.
Sec. 114. Public notification.
Sec. 115. Variances.
Sec. 116. Small systems variances.
Sec. 117. Exemptions.
Sec. 118. Lead plumbing and pipes.
Sec. 119. Capacity development.
Sec. 120. Authorization of appropriations for certain ground water
programs.
Sec. 121. Amendments to section 1442.
Sec. 122. Technical assistance.
Sec. 123. Operator certification.
Sec. 124. Public water system supervision program.
Sec. 125. Monitoring and information gathering.
Sec. 126. Occurrence data base.
Sec. 127. Drinking Water Advisory Council.
Sec. 128. New York City watershed protection program.
Sec. 129. Federal agencies.
Sec. 130. State revolving loan funds.
Sec. 131. State ground water protection grants.
Sec. 132. Source water assessment.
Sec. 133. Source water petition program.
Sec. 134. Water conservation plan.
Sec. 135. Drinking water assistance to colonias.
Sec. 136. Estrogenic substances screening program.
Sec. 137. Drinking water studies.
TITLE II--DRINKING WATER RESEARCH
Sec. 201. Drinking water research authorization.
[[Page 110 STAT. 1614]]
Sec. 202. Scientific research review.
Sec. 203. National center for ground water research.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Water return flows.
Sec. 302 Transfer of funds.
Sec. 303. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 304. Sense of the Congress.
Sec. 305. Bottled drinking water standards.
Sec. 306. Washington Aqueduct.
Sec. 307. Wastewater assistance to colonias.
Sec. 308. Prevention and control of zebra mussel infestation of Lake
Champlain.
TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
Sec. 401. National program.
TITLE V--CLERICAL AMENDMENTS
Sec. 501. Clerical amendments.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(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) <<NOTE: 42 USC 300f note.>> 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) <<NOTE: 42 USC 300f note.>> 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.
SEC. 3. <<NOTE: 42 USC 300f note.>> FINDINGS.
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;
[[Page 110 STAT. 1615]]
(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.
TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT
SEC. 101. DEFINITIONS.
(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
[[Page 110 STAT. 1616]]
(B) <<NOTE: Federal Register, publication.>> 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
[[Page 110 STAT. 1617]]
``(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) <<NOTE: 42 USC 300f note.>> 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 <<NOTE: Reports.>> 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.
SEC. 102. GENERAL AUTHORITY.
(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) <<NOTE: Publication. Regulations.>> General
authority.--The Administrator shall, in accordance with
the procedures established by this subsection, publish a
maximum contaminant level goal and
[[Page 110 STAT. 1618]]
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) <<NOTE: Publication.>> 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).
[[Page 110 STAT. 1619]]
``(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. <<NOTE: Publication.>> 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) <<NOTE: Publication.>> 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. <<NOTE: Federal Register,
publication.>> The Administrator, by notice in the
[[Page 110 STAT. 1620]]
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) <<NOTE: Publication. Regulations.>> 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) <<NOTE: Rules.>> 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) <<NOTE: 42 USC 300g-1 note.>> 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).
[[Page 110 STAT. 1621]]
(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.
SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.
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) <<NOTE: Publication.>> 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
[[Page 110 STAT. 1622]]
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) <<NOTE: Publication.>> 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
[[Page 110 STAT. 1623]]
studies, assessments, and analyses in support of
regulations or the development of methods,
$35,000,000 for each of fiscal years 1996 through
2003.''.
SEC. 104. STANDARD-SETTING.
(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) <<NOTE: Publication.>> 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--
[[Page 110 STAT. 1624]]
``(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
[[Page 110 STAT. 1625]]
and shall not be set aside by the court under that
section unless the court finds that the determination is
arbitrary and capricious.''.
(b) <<NOTE: 42 USC 300g-1 note.>> 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.''.
SEC. 105. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.
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
[[Page 110 STAT. 1626]]
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) <<NOTE: Records.>> 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).''.
SEC. 106. LIMITED ALTERNATIVE TO FILTRATION.
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).''.
[[Page 110 STAT. 1627]]
SEC. 107. <<NOTE: Regulations.>> GROUND WATER DISINFECTION.
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.''.
SEC. 108. EFFECTIVE DATE FOR REGULATIONS.
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.''.
SEC. 109. ARSENIC, SULFATE, AND RADON.
(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,
[[Page 110 STAT. 1628]]
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.
[[Page 110 STAT. 1629]]
``(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) <<NOTE: Contracts.>> 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) <<NOTE: Publication.>> 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.
[[Page 110 STAT. 1630]]
``(F) <<NOTE: Regulations.>> 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. <<NOTE: Publication. Guidelines.>> 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 modi
[[Page 110 STAT. 1631]]
fied 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).''.
SEC. 110. <<NOTE: Regulations.>> RECYCLING OF FILTER BACKWASH.
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.''.
SEC. 111. TECHNOLOGY AND TREATMENT TECHNIQUES.
(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) <<NOTE: Regulations.>> 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,
[[Page 110 STAT. 1632]]
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
[[Page 110 STAT. 1633]]
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).''.
SEC. 112. STATE PRIMACY.
(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''
[[Page 110 STAT. 1634]]
the following: ``including earthquakes, floods, hurricanes, and other
natural disasters, as appropriate''.
SEC. 113. ENFORCEMENT; JUDICIAL REVIEW.
(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 <<NOTE: Orders.>> 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
[[Page 110 STAT. 1635]]
(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
[[Page 110 STAT. 1636]]
(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''.
SEC. 114. PUBLIC NOTIFICATION.
(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.
[[Page 110 STAT. 1637]]
``(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) <<NOTE: Regulations.>> 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--
[[Page 110 STAT. 1638]]
``(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). <<NOTE: Reports.>> 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) <<NOTE: Publication.>> Distribution.--
The State shall publish and distribute summaries
of the report and indicate where the full report
is available for review.
``(B) <<NOTE: Native Americans.>> 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
[[Page 110 STAT. 1639]]
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) <<NOTE: Regulations.>> 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).
[[Page 110 STAT. 1640]]
``(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) <<NOTE: Newspapers.>> 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) <<NOTE: Publication.>> 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) <<NOTE: Reports.>> 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.''.
[[Page 110 STAT. 1641]]
(b) <<NOTE: Publication. 21 USC 349 note.>> 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.
SEC. 115. VARIANCES.
The second sentence of section 1415(a)(1)(A) (42 U.S.C. 300g-
4(a)(1)(A)) is amended--
(1) by striking ``only be issued to a system after the
system's application of'' and inserting ``be issued to a system
on condition that the system install''; and
(2) by inserting before the period at the end the following:
``, and based upon an evaluation satisfactory to the State that
indicates that alternative sources of water are not reasonably
available to the system''.
SEC. 116. SMALL SYSTEMS VARIANCES.
Section 1415 (42 U.S.C. 300g-4) is amended by adding at the end the
following:
``(e) Small System Variances.--
``(1) In general.--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;
[[Page 110 STAT. 1642]]
``(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) <<NOTE: Review.>> 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;
[[Page 110 STAT. 1643]]
``(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) <<NOTE: Publication.>> 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 <<NOTE: Review.>> 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 <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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
[[Page 110 STAT. 1644]]
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.''.
SEC. 117. EXEMPTIONS.
(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
[[Page 110 STAT. 1645]]
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) <<NOTE: Expiration.>> 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.
SEC. 118. LEAD PLUMBING AND PIPES.
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,
[[Page 110 STAT. 1646]]
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) <<NOTE: Effective date.>> 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. <<NOTE: Effective date.>> 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
[[Page 110 STAT. 1647]]
manufacturer to dispense water for human ingestion, that
contains more than 4 percent lead by dry weight.''.
SEC. 119. CAPACITY DEVELOPMENT.
Part B (42 U.S.C. 300g et seq.) is amended by adding after section
1419 the following:
``Sec. <<NOTE: 42 USC 300g-9.>> 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
[[Page 110 STAT. 1648]]
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) <<NOTE: Review. Publication.>> 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.
[[Page 110 STAT. 1649]]
``(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) <<NOTE: Publication.>> 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.
[[Page 110 STAT. 1650]]
``(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) <<NOTE: Establishment.>> 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.''.
SEC. 120. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN GROUND WATER
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.''.
[[Page 110 STAT. 1651]]
(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.''.
SEC. 121. AMENDMENTS TO SECTION 1442.
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).
SEC. 122. TECHNICAL ASSISTANCE.
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. <<NOTE: Nonprofit organizations.>> 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. <<NOTE: Appropriation authorization.>> 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.''.
[[Page 110 STAT. 1652]]
SEC. 123. OPERATOR CERTIFICATION.
Part B (42 U.S.C. 300g et seq.) is amended by adding the following
after section 1418:
``Sec. 1419. <<NOTE: Federal Register, publication. 42 USC 300g-
8.>> (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
[[Page 110 STAT. 1653]]
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.''.
SEC. 124. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.
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.''.
SEC. 125. MONITORING AND INFORMATION GATHERING.
(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:
[[Page 110 STAT. 1654]]
``(1)(A) <<NOTE: Records.>> 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) <<NOTE: Regulations.>> 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):
``Sec. 1418. <<NOTE: 42 USC 300g-7.>> (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
[[Page 110 STAT. 1655]]
``(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. <<NOTE: Federal
Register, publication.>> 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.
[[Page 110 STAT. 1656]]
``(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:
[[Page 110 STAT. 1657]]
``(2) Monitoring program for unregulated contaminants.--
``(A) <<NOTE: Regulations.>> 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) <<NOTE: Records.>> 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.
[[Page 110 STAT. 1658]]
``(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.''.
SEC. 126. OCCURRENCE DATA BASE.
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.
[[Page 110 STAT. 1659]]
``(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.''.
SEC. 127. DRINKING WATER ADVISORY COUNCIL.
The second sentence of section 1446(a) <<NOTE: 42 USC 300j-5.>> (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''.
SEC. 128. NEW YORK CITY WATERSHED PROTECTION PROGRAM.
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
[[Page 110 STAT. 1660]]
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).''.
SEC. 129. FEDERAL AGENCIES.
(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.
[[Page 110 STAT. 1661]]
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. <<NOTE: President. Reports.>> 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
[[Page 110 STAT. 1662]]
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.''.
SEC. 130. STATE REVOLVING LOAN FUNDS.
Part E (42 U.S.C. 300j et seq.) is amended by adding the following
new section after section 1451:
``Sec. 1452. <<NOTE: 42 USC 300j-12.>> (a) General Authority.--
``(1) Grants to states to establish state loan funds.--
``(A) In general.--The Administrator shall offer to
enter into agreements with eligible States to make
capitalization grants, including letters of credit, to
the States under this subsection to further the health
protection objectives of this title, promote the
efficient use of fund resources, and for other purposes
as are specified in this title.
``(B) Establishment of fund.--To be eligible to
receive a capitalization grant under this section, a
State shall
[[Page 110 STAT. 1663]]
establish a drinking water treatment revolving loan fund
(referred to in this section as a `State loan fund') and
comply with the other requirements of this section. Each
grant to a State under this section shall be deposited
in the State loan fund established by the State, except
as otherwise provided in this section and in other
provisions of this title. No funds authorized by other
provisions of this title to be used for other purposes
specified in this title shall be deposited in any State
loan fund.
``(C) Extended period.--The grant to a State shall
be available to the State for obligation during the
fiscal year for which the funds are authorized and
during the following fiscal year, except that grants
made available from funds provided prior to fiscal year
1997 shall be available for obligation during each of
the fiscal years 1997 and 1998.
``(D) Allotment formula.--Except as otherwise
provided in this section, funds made available to carry
out this section shall be allotted to States that have
entered into an agreement pursuant to this section
(other than the District of Columbia) in accordance
with--
``(i) for each of fiscal years 1995 through
1997, a formula that is the same as the formula
used to distribute public water system supervision
grant funds under section 1443 in fiscal year
1995, except that the minimum proportionate share
established in the formula shall be 1 percent of
available funds and the formula shall be adjusted
to include a minimum proportionate share for the
State of Wyoming and the District of Columbia; and
``(ii) for fiscal year 1998 and each
subsequent fiscal year, a formula that allocates
to each State the proportional share of the State
needs identified in the most recent survey
conducted pursuant to subsection (h), except that
the minimum proportionate share provided to each
State shall be the same as the minimum
proportionate share provided under clause (i).
``(E) Reallotment.--The grants not obligated by the
last day of the period for which the grants are
available shall be reallotted according to the
appropriate criteria set forth in subparagraph (D),
except that the Administrator may reserve and allocate
10 percent of the remaining amount for financial
assistance to Indian Tribes in addition to the amount
allotted under subsection (i) and none of the funds
reallotted by the Administrator shall be reallotted to
any State that has not obligated all sums allotted to
the State pursuant to this section during the period in
which the sums were available for obligation.
``(F) Nonprimacy states.--The State allotment for a
State not exercising primary enforcement responsibility
for public water systems shall not be deposited in any
such fund but shall be allotted by the Administrator
under this subparagraph. Pursuant to section
1443(a)(9)(A) such sums allotted under this subparagraph
shall be reserved as needed by the Administrator to
exercise primary enforcement responsibility under this
title in such State and the remainder shall be
reallotted to States exercising primary
[[Page 110 STAT. 1664]]
enforcement responsibility for public water systems for
deposit in such funds. Whenever the Administrator makes
a final determination pursuant to section 1413(b) that
the requirements of section 1413(a) are no longer being
met by a State, additional grants for such State under
this title shall be immediately terminated by the
Administrator. This subparagraph shall not apply to any
State not exercising primary enforcement responsibility
for public water systems as of the date of enactment of
the Safe Drinking Water Act Amendments of 1996.
``(G) Other programs.--
``(i) New system capacity.--Beginning in
fiscal year 1999, the Administrator shall withhold
20 percent of each capitalization grant made
pursuant to this section to a State unless the
State has met the requirements of section 1420(a)
(relating to capacity development) and shall
withhold 10 percent for fiscal year 2001, 15
percent for fiscal year 2002, and 20 percent for
fiscal year 2003 if the State has not complied
with the provisions of section 1420(c) (relating
to capacity development strategies). Not more than
a total of 20 percent of the capitalization grants
made to a State in any fiscal year may be withheld
under the preceding provisions of this clause. All
funds withheld by the Administrator pursuant to
this clause shall be reallotted by the
Administrator on the basis of the same ratio as is
applicable to funds allotted under subparagraph
(D). None of the funds reallotted by the
Administrator pursuant to this paragraph shall be
allotted to a State unless the State has met the
requirements of section 1420 (relating to capacity
development).
``(ii) Operator certification.--The
Administrator shall withhold 20 percent of each
capitalization grant made pursuant to this section
unless the State has met the requirements of 1419
(relating to operator certification). All funds
withheld by the Administrator pursuant to this
clause shall be reallotted by the Administrator on
the basis of the same ratio as applicable to funds
allotted under subparagraph (D). None of the funds
reallotted by the Administrator pursuant to this
paragraph shall be allotted to a State unless the
State has met the requirements of section 1419
(relating to operator certification).
``(2) Use of funds.--Except as otherwise authorized by this
title, amounts deposited in a State loan fund, including loan
repayments and interest earned on such amounts, shall be used
only for providing loans or loan guarantees, or as a source of
reserve and security for leveraged loans, the proceeds of which
are deposited in a State loan fund established under paragraph
(1), or other financial assistance authorized under this section
to community water systems and nonprofit noncommunity water
systems, other than systems owned by Federal agencies. Financial
assistance under this section may be used by a public water
system only for expenditures (not including monitoring,
operation, and maintenance expenditures) of a type or category
which the Administrator has determined, through guidance, will
facilitate compliance with
[[Page 110 STAT. 1665]]
national primary drinking water regulations applicable to the
system under section 1412 or otherwise significantly further the
health protection objectives of this title. The funds may also
be used to provide loans to a system referred to in section
1401(4)(B) for the purpose of providing the treatment described
in section 1401(4)(B)(i)(III). The funds shall not be used for
the acquisition of real property or interests therein, unless
the acquisition is integral to a project authorized by this
paragraph and the purchase is from a willing seller. Of the
amount credited to any State loan fund established under this
section in any fiscal year, 15 percent shall be available solely
for providing loan assistance to public water systems which
regularly serve fewer than 10,000 persons to the extent such
funds can be obligated for eligible projects of public water
systems.
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), no assistance under this section shall
be provided to a public water system that--
``(i) does not have the technical, managerial,
and financial capability to ensure compliance with
the requirements of this title; or
``(ii) is in significant noncompliance with
any requirement of a national primary drinking
water regulation or variance.
``(B) Restructuring.--A public water system
described in subparagraph (A) may receive assistance
under this section if--
``(i) the use of the assistance will ensure
compliance; and
``(ii) if subparagraph (A)(i) applies to the
system, the owner or operator of the system agrees
to undertake feasible and appropriate changes in
operations (including ownership, management,
accounting, rates, maintenance, consolidation,
alternative water supply, or other procedures) if
the State determines that the measures are
necessary to ensure that the system has the
technical, managerial, and financial capability to
comply with the requirements of this title over
the long term.
``(C) Review.--Prior to providing assistance under
this section to a public water system that is in
significant noncompliance with any requirement of a
national primary drinking water regulation or variance,
the State shall conduct a review to determine whether
subparagraph (A)(i) applies to the system.
``(b) Intended Use Plans.--
``(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this section shall annually prepare a plan
that identifies the intended uses of the amounts available to
the State loan fund of the State.
``(2) Contents.--An intended use plan shall include--
``(A) a list of the projects to be assisted in the
first fiscal year that begins after the date of the
plan, including a description of the project, the
expected terms of financial assistance, and the size of
the community served;
[[Page 110 STAT. 1666]]
``(B) the criteria and methods established for the
distribution of funds; and
``(C) a description of the financial status of the
State loan fund and the short-term and long-term goals
of the State loan fund.
``(3) Use of funds.--
``(A) In general.--An intended use plan shall
provide, to the maximum extent practicable, that
priority for the use of funds be given to projects
that--
``(i) address the most serious risk to human
health;
``(ii) are necessary to ensure compliance with
the requirements of this title (including
requirements for filtration); and
``(iii) assist systems most in need on a per
household basis according to State affordability
criteria.
``(B) <<NOTE: Publications. Records.>> List of
projects.--Each State shall, after notice and
opportunity for public comment, publish and periodically
update a list of projects in the State that are eligible
for assistance under this section, including the
priority assigned to each project and, to the extent
known, the expected funding schedule for each project.
``(c) Fund Management.--Each State loan fund under this section
shall be established, maintained, and credited with repayments and
interest. The fund corpus shall be available in perpetuity for providing
financial assistance under this section. To the extent amounts in the
fund are not required for current obligation or expenditure, such
amounts shall be invested in interest bearing obligations.
``(d) Assistance for Disadvantaged Communities.--
``(1) Loan subsidy.--Notwithstanding any other provision of
this section, in any case in which the State makes a loan
pursuant to subsection (a)(2) to a disadvantaged community or to
a community that the State expects to become a disadvantaged
community as the result of a proposed project, the State may
provide additional subsidization (including forgiveness of
principal).
``(2) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by a State pursuant to
paragraph (1) may not exceed 30 percent of the amount of the
capitalization grant received by the State for the year.
``(3) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means the service
area of a public water system that meets affordability criteria
established after public review and comment by the State in
which the public water system is located. The Administrator may
publish information to assist States in establishing
affordability criteria.
``(e) State Contribution.--Each agreement under subsection (a) shall
require that the State deposit in the State loan fund from State moneys
an amount equal to at least 20 percent of the total amount of the grant
to be made to the State on or before the date on which the grant payment
is made to the State, except that a State shall not be required to
deposit such amount into the fund prior to the date on which each grant
payment is made for fiscal years 1994, 1995, 1996, and 1997 if the State
deposits the State contribution amount into the State loan fund prior to
September 30, 1999.
[[Page 110 STAT. 1667]]
``(f) Types of Assistance.--Except as otherwise limited by State
law, the amounts deposited into a State loan fund under this section may
be used only--
``(1) to make loans, on the condition that--
``(A) the interest rate for each loan is less than
or equal to the market interest rate, including an
interest free loan;
``(B) principal and interest payments on each loan
will commence not later than 1 year after completion of
the project for which the loan was made, and each loan
will be fully amortized not later than 20 years after
the completion of the project, except that in the case
of a disadvantaged community (as defined in subsection
(d)(3)), a State may provide an extended term for a
loan, if the extended term--
``(i) terminates not later than the date that
is 30 years after the date of project completion;
and
``(ii) does not exceed the expected design
life of the project;
``(C) the recipient of each loan will establish a
dedicated source of revenue (or, in the case of a
privately owned system, demonstrate that there is
adequate security) for the repayment of the loan; and
``(D) the State loan fund will be credited with all
payments of principal and interest on each loan;
``(2) to buy or refinance the debt obligation of a
municipality or an intermunicipal or interstate agency within
the State at an interest rate that is less than or equal to the
market interest rate in any case in which a debt obligation is
incurred after July 1, 1993;
``(3) to guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for assistance under this section) if the guarantee or
purchase would improve credit market access or reduce the
interest rate applicable to the obligation;
``(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of the bonds
will be deposited into the State loan fund; and
``(5) to earn interest on the amounts deposited into the
State loan fund.
``(g) Administration of State Loan Funds.--
``(1) Combined financial administration.--Notwithstanding
subsection (c), a State may (as a convenience and to avoid
unnecessary administrative costs) combine, in accordance with
State law, the financial administration of a State loan fund
established under this section with the financial administration
of any other revolving fund established by the State if
otherwise not prohibited by the law under which the State loan
fund was established and if the Administrator determines that--
``(A) the grants under this section, together with
loan repayments and interest, will be separately
accounted for and used solely for the purposes specified
in subsection (a); and
``(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial administration) with
respect to assistance remains with
[[Page 110 STAT. 1668]]
the State agency having primary responsibility for
administration of the State program under section 1413,
after consultation with other appropriate State agencies
(as determined by the State): Provided, That in
nonprimacy States eligible to receive assistance under
this section, the Governor shall determine which State
agency will have authority to establish priorities for
financial assistance from the State loan fund.
``(2) Cost of administering fund.--Each State may annually
use up to 4 percent of the funds allotted to the State under
this section to cover the reasonable costs of administration of
the programs under this section, including the recovery of
reasonable costs expended to establish a State loan fund which
are incurred after the date of enactment of this section, and to
provide technical assistance to public water systems within the
State. For fiscal year 1995 and each fiscal year thereafter,
each State may use up to an additional 10 percent of the funds
allotted to the State under this section--
``(A) for public water system supervision programs
under section 1443(a);
``(B) to administer or provide technical assistance
through source water protection programs;
``(C) to develop and implement a capacity
development strategy under section 1420(c); and
``(D) for an operator certification program for
purposes of meeting the requirements of section 1419,
if the State matches the expenditures with at least an equal
amount of State funds. At least half of the match must be
additional to the amount expended by the State for public water
supervision in fiscal year 1993. An additional 2 percent of the
funds annually allotted to each State under this section may be
used by the State to provide technical assistance to public
water systems serving 10,000 or fewer persons in the State.
Funds utilized under subparagraph (B) shall not be used for
enforcement actions.
``(3) <<NOTE: Publication.>> Guidance and regulations.--The
Administrator shall publish guidance and promulgate regulations
as may be necessary to carry out the provisions of this section,
including--
``(A) provisions to ensure that each State commits
and expends funds allotted to the State under this
section as efficiently as possible in accordance with
this title and applicable State laws;
``(B) guidance to prevent waste, fraud, and abuse;
and
``(C) guidance to avoid the use of funds made
available under this section to finance the expansion of
any public water system in anticipation of future
population growth.
The guidance and regulations shall also ensure that the States,
and public water systems receiving assistance under this
section, use accounting, audit, and fiscal procedures that
conform to generally accepted accounting standards.
``(4) State report.--Each State administering a loan fund
and assistance program under this subsection shall publish and
submit to the Administrator a report every 2 years on its
activities under this section, including the findings of the
most recent audit of the fund and the entire State allotment.
The Administrator shall periodically audit all State loan funds
established by, and all other amounts allotted to, the States
[[Page 110 STAT. 1669]]
pursuant to this section in accordance with procedures
established by the Comptroller General.
``(h) <<NOTE: Reports.>> Needs Survey.--The Administrator shall
conduct an assessment of water system capital improvement needs of all
eligible public water systems in the United States and submit a report
to the Congress containing the results of the assessment within 180 days
after the date of enactment of the Safe Drinking Water Act Amendments of
1996 and every 4 years thereafter.
``(i) Indian Tribes.--
``(1) In general.--1\1/2\ percent of the amounts
appropriated annually to carry out this section may be used by
the Administrator to make grants to Indian Tribes and Alaska
Native villages that have not otherwise received either grants
from the Administrator under this section or assistance from
State loan funds established under this section. The grants may
only be used for expenditures by tribes and villages for public
water system expenditures referred to in subsection (a)(2).
``(2) Use of funds.--Funds reserved pursuant to paragraph
(1) shall be used to address the most significant threats to
public health associated with public water systems that serve
Indian Tribes, as determined by the Administrator in
consultation with the Director of the Indian Health Service and
Indian Tribes.
``(3) Alaska native villages.--In the case of a grant for a
project under this subsection in an Alaska Native village, the
Administrator is also authorized to make grants to the State of
Alaska for the benefit of Native villages. An amount not to
exceed 4 percent of the grant amount may be used by the State of
Alaska for project management.
``(4) Needs assessment.--The Administrator, in consultation
with the Director of the Indian Health Service and Indian
Tribes, shall, in accordance with a schedule that is consistent
with the needs surveys conducted pursuant to subsection (h),
prepare surveys and assess the needs of drinking water treatment
facilities to serve Indian Tribes, including an evaluation of
the public water systems that pose the most significant threats
to public health.
``(j) Other Areas.--Of the funds annually available under this
section for grants to States, the Administrator shall make allotments in
accordance with section 1443(a)(4) for the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, American Samoa, and Guam.
The grants allotted as provided in this subsection may be provided by
the Administrator to the governments of such areas, to public water
systems in such areas, or to both, to be used for the public water
system expenditures referred to in subsection (a)(2). The grants, and
grants for the District of Columbia, shall not be deposited in State
loan funds. The total allotment of grants under this section for all
areas described in this subsection in any fiscal year shall not exceed
0.33 percent of the aggregate amount made available to carry out this
section in that fiscal year.
``(k) Other Authorized Activities.--
``(1) In general.--Notwithstanding subsection (a)(2), a
State may take each of the following actions:
``(A) Provide assistance, only in the form of a
loan, to one or more of the following:
[[Page 110 STAT. 1670]]
``(i) Any public water system described in
subsection (a)(2) to acquire land or a
conservation easement from a willing seller or
grantor, if the purpose of the acquisition is to
protect the source water of the system from
contamination and to ensure compliance with
national primary drinking water regulations.
``(ii) Any community water system to implement
local, voluntary source water protection measures
to protect source water in areas delineated
pursuant to section 1453, in order to facilitate
compliance with national primary drinking water
regulations applicable to the system under section
1412 or otherwise significantly further the health
protection objectives of this title. Funds
authorized under this clause may be used to fund
only voluntary, incentive-based mechanisms.
``(iii) Any community water system to provide
funding in accordance with section
1454(a)(1)(B)(i).
``(B) Provide assistance, including technical and
financial assistance, to any public water system as part
of a capacity development strategy developed and
implemented in accordance with section 1420(c).
``(C) Make expenditures from the capitalization
grant of the State for fiscal years 1996 and 1997 to
delineate and assess source water protection areas in
accordance with section 1453, except that funds set
aside for such expenditure shall be obligated within 4
fiscal years.
``(D) Make expenditures from the fund for the
establishment and implementation of wellhead protection
programs under section 1428.
``(2) Limitation.--For each fiscal year, the total amount of
assistance provided and expenditures made by a State under this
subsection may not exceed 15 percent of the amount of the
capitalization grant received by the State for that year and may
not exceed 10 percent of that amount for any one of the
following activities:
``(A) To acquire land or conservation easements
pursuant to paragraph (1)(A)(i).
``(B) To provide funding to implement voluntary,
incentive-based source water quality protection measures
pursuant to clauses (ii) and (iii) of paragraph (1)(A).
``(C) To provide assistance through a capacity
development strategy pursuant to paragraph (1)(B).
``(D) To make expenditures to delineate or assess
source water protection areas pursuant to paragraph
(1)(C).
``(E) To make expenditures to establish and
implement wellhead protection programs pursuant to
paragraph (1)(D).
``(3) Statutory construction.--Nothing in this section
creates or conveys any new authority to a State, political
subdivision of a State, or community water system for any new
regulatory measure, or limits any authority of a State,
political subdivision of a State or community water system.
``(l) Savings.--The failure or inability of any public water system
to receive funds under this section or any other loan or grant program,
or any delay in obtaining the funds, shall not alter the obligation of
the system to comply in a timely manner with all applicable drinking
water standards and requirements of this title.
[[Page 110 STAT. 1671]]
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the purposes of this section $599,000,000 for
the fiscal year 1994 and $1,000,000,000 for each of the fiscal years
1995 through 2003. To the extent amounts authorized to be appropriated
under this subsection in any fiscal year are not appropriated in that
fiscal year, such amounts are authorized to be appropriated in a
subsequent fiscal year (prior to the fiscal year 2004). Such sums shall
remain available until expended.
``(n) Health Effects Studies.--From funds appropriated pursuant to
this section for each fiscal year, the Administrator shall reserve
$10,000,000 for health effects studies on drinking water contaminants
authorized by the Safe Drinking Water Act Amendments of 1996. In
allocating funds made available under this subsection, the Administrator
shall give priority to studies concerning the health effects of
cryptosporidium (as authorized by section 1458(c)), disinfection
byproducts (as authorized by section 1458(c)), and arsenic (as
authorized by section 1412(b)(12)(A)), and the implementation of a plan
for studies of subpopulations at greater risk of adverse effects (as
authorized by section 1458(a)).
``(o) Monitoring for Unregulated Contaminants.--From funds
appropriated pursuant to this section for each fiscal year beginning
with fiscal year 1998, the Administrator shall reserve $2,000,000 to pay
the costs of monitoring for unregulated contaminants under section
1445(a)(2)(C).
``(p) Demonstration Project for State of Virginia.--Notwithstanding
the other provisions of this section limiting the use of funds deposited
in a State loan fund from any State allotment, the State of Virginia
may, as a single demonstration and with the approval of the Virginia
General Assembly and the Administrator, conduct a program to demonstrate
alternative approaches to intergovernmental coordination to assist in
the financing of new drinking water facilities in the following rural
communities in southwestern Virginia where none exists on the date of
enactment of the Safe Drinking Water Act Amendments of 1996 and where
such communities are experiencing economic hardship: Lee County, Wise
County, Scott County, Dickenson County, Russell County, Buchanan County,
Tazewell County, and the city of Norton, Virginia. The funds allotted to
that State and deposited in the State loan fund may be loaned to a
regional endowment fund for the purpose set forth in this subsection
under a plan to be approved by the Administrator. The plan may include
an advisory group that includes representatives of such counties.
``(q) Small System Technical Assistance.--The Administrator may
reserve up to 2 percent of the total funds appropriated pursuant to
subsection (m) for each of the fiscal years 1997 through 2003 to carry
out the provisions of section 1442(e) (relating to technical assistance
for small systems), except that the total amount of funds made available
for such purpose in any fiscal year through appropriations (as
authorized by section 1442(e)) and reservations made pursuant to this
subsection shall not exceed the amount authorized by section 1442(e).
``(r) Evaluation.--The Administrator shall conduct an evaluation of
the effectiveness of the State loan funds through fiscal year 2001. The
evaluation shall be submitted to the Congress at the same time as the
President submits to the Congress, pursuant to section 1108 of title 31,
United States Code, an appropriations
[[Page 110 STAT. 1672]]
request for fiscal year 2003 relating to the budget of the Environmental
Protection Agency.''.
SEC. 131. STATE GROUND WATER PROTECTION GRANTS.
Part C (42 U.S.C. 300h et seq.) is amended by adding at the end the
following:
``Sec. 1429. <<NOTE: Publication. Regulations. 42 USC 300h-8.>> (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 ground
water 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.
[[Page 110 STAT. 1673]]
``(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.''.
SEC. 132. SOURCE WATER ASSESSMENT.
(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended by
adding at the end the following:
``Sec. 1453. <<NOTE: 42 USC 300j-13.>> (a) Source Water
Assessment.--
``(1) <<NOTE: Publication.>> 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
assess
[[Page 110 STAT. 1674]]
ment 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
[[Page 110 STAT. 1675]]
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''.
SEC. 133. SOURCE WATER PETITION PROGRAM.
(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended by
adding at the end the following:
``Sec. 1454. <<NOTE: 42 USC 300j-14.>> (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).
[[Page 110 STAT. 1676]]
``(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;
[[Page 110 STAT. 1677]]
``(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;
[[Page 110 STAT. 1678]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Publication.>> 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
[[Page 110 STAT. 1679]]
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.
SEC. 134. WATER CONSERVATION PLAN.
Part E (42 U.S.C. 300j et seq.) is amended by adding at the end the
following:
``Sec. 1455. <<NOTE: Federal Register, publication. 42 USC 300j-
15.>> (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.''.
SEC. 135. DRINKING WATER ASSISTANCE TO COLONIAS.
Part E (42 U.S.C. 300j et seq.) is amended by adding the following
new section at the end thereof:
``Sec. 1456. <<NOTE: 42 USC 300j-16.>> (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
[[Page 110 STAT. 1680]]
``(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.''.
SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM.
Part E (42 U.S.C. 300j et seq.) is amended by adding at the end the
following:
``Sec. 1457. <<NOTE: 42 USC 300j-17.>> 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.''.
SEC. 137. DRINKING WATER STUDIES.
Part E (42 U.S.C. 300j et seq.) is amended by adding after section
1457 the following:
``Sec. 1458. <<NOTE: 42 USC 300j-18.>> (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
[[Page 110 STAT. 1681]]
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--
[[Page 110 STAT. 1682]]
``(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) <<NOTE: Reports.>> 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.''.
TITLE II--DRINKING WATER RESEARCH
SEC. 201. DRINKING WATER RESEARCH AUTHORIZATION.
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.
SEC. 202. <<NOTE: 42 USC 300j-1 note.>> SCIENTIFIC RESEARCH REVIEW.
(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) <<NOTE: Public information.>> 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.
[[Page 110 STAT. 1683]]
SEC. 203. <<NOTE: 42 USC 300j-1 note.>> NATIONAL CENTER FOR GROUND WATER
RESEARCH.
The Administrator of the Environmental Protection Agency, acting
through the Robert S. Kerr Environmental Research Laboratory, is
authorized to reestablish a partnership between the Laboratory and the
National Center for Ground Water Research, a university consortium, to
conduct research, training, and technology transfer for ground water
quality protection and restoration. No funds are authorized by this
section.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. WATER RETURN FLOWS.
Section 3013 of Public Law 102-486 (42 U.S.C. 13551) is repealed.
SEC. 302. <<NOTE: 42 USC 300j-12 note.>> TRANSFER OF FUNDS.
(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.).
SEC. 303. <<NOTE: 33 USC 1263a.>> GRANTS TO ALASKA TO IMPROVE SANITATION
IN RURAL AND NATIVE 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.
[[Page 110 STAT. 1684]]
(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.
SEC. 304. SENSE OF THE CONGRESS.
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.
SEC. 305. BOTTLED DRINKING WATER STANDARDS.
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. <<NOTE: Effective
date.>> 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
[[Page 110 STAT. 1685]]
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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Effective date.>> 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).''.
SEC. 306. <<NOTE: District of Columbia. Virginia. 40 USC 45
note.>> WASHINGTON AQUEDUCT.
(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;
[[Page 110 STAT. 1686]]
(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
[[Page 110 STAT. 1687]]
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.
[[Page 110 STAT. 1688]]
(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) <<NOTE: Reports.>> 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.
SEC. 307. <<NOTE: 33 USC 1281 note.>> WASTEWATER ASSISTANCE TO COLONIAS.
(a) Definitions.--As used in this section:
(1) Border state.--The term ``border State'' means Arizona,
California, New Mexico, and Texas.
[[Page 110 STAT. 1689]]
(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.
SEC. 308. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE
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''.
[[Page 110 STAT. 1690]]
TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
SEC. 401. <<NOTE: 42 USC 300j-3c.>> NATIONAL PROGRAM.
(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
[[Page 110 STAT. 1691]]
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.
TITLE V--CLERICAL AMENDMENTS
SEC. 501. CLERICAL AMENDMENTS.
(a) Part B.--Part B (42 U.S.C. 300g et seq.) is amended as follows:
(1) In section 1412(b), <<NOTE: 42 USC 300g-1.>> 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), <<NOTE: 42 USC 300g-
4.>> 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), <<NOTE: 42 USC
300h.>> strike ``number or States'' and inserting ``number of
States''.
(2) In section 1427(k), <<NOTE: 42 USC 300h-6.>> 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 <<NOTE: 42 USC 201 note. ``SHORT TITLE>> 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:
``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:
``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:
``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:
``Sec. 1427. (a)''.
[[Page 110 STAT. 1692]]
(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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
[[Page 110 STAT. 1693]]
``Sec. 1465. (a)''.
Approved August 6, 1996.
LEGISLATIVE HISTORY--S. 1316 (H.R. 3604):
---------------------------------------------------------------------------
HOUSE REPORTS: ?Nos. 104-632, Pt. 1 accompanying H.R. 3604 (Comm. on
Commerce) and 104-741 (Comm. of Conference).
SENATE REPORTS: ?No. 104-169 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Nov. 29, considered and passed
Senate.
Vol. 142 (1996):
June 25, H.R. 3604 considered and
passed House.
July 17, S. 1316 considered and
passed House, amended, in lieu
of H.R. 3604.
Aug. 2, House and Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Aug. 6, Presidential remarks and statement.
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