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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 whic |
