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SAFE DRINKING WATER ACT AMENDMENTS OF 1996
(House of Representatives - June 25, 1996)

Text of this article available as: TXT PDF [Pages H6725-H6762] SAFE DRINKING WATER ACT AMENDMENTS OF 1996 Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3604) to amend title XIV of the Public Health Service Act-- the ``Safe Drinking Water Act''--and for other purposes, as amended. The Clerk read as follows: H.R. 3604 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Drinking Water Act Amendments of 1996''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. References; effective date; disclaimer. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations Sec. 101. Selection of additional contaminants. Sec. 102. Disinfectants and disinfection byproducts. Sec. 103. Limited alternative to filtration. Sec. 104. Standard-setting. Sec. 105. Ground water disinfection. Sec. 106. Effective date for regulations. Sec. 107. Risk assessment, management, and communication. Sec. 108. Radon, arsenic, and sulfate. Sec. 109. Urgent threats to public health. Sec. 110. Recycling of filter backwash. Sec. 111. Treatment technologies for small systems. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems Sec. 121. State primacy. Subtitle C--Notification and Enforcement Sec. 131. Public notification. [[Page H6726]] Sec. 132. Enforcement. Sec. 133. Judicial review Subtitle D--Exemptions and Variances Sec. 141. Exemptions. Sec. 142. Variances. Subtitle E--Lead Plumbing and Pipes Sec. 151. Lead plumbing and pipes. Subtitle F--Capacity Development Sec. 161. Capacity development. TITLE II--AMENDMENTS TO PART C Sec. 201. Source water quality assessment. Sec. 202. Federal facilities. TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT Sec. 301. Operator certification. Sec. 302. Technical assistance. Sec. 303. Public water system supervision program. Sec. 304. Monitoring and information gathering. Sec. 305. Occurrence data base. Sec. 306. Citizens suits. Sec. 307. Whistle blower. Sec. 308. State revolving funds. Sec. 309. Water conservation plan. TITLE IV--MISCELLANEOUS Sec. 401. Definitions. Sec. 402. Authorization of appropriations. Sec. 403. New York City watershed protection program. Sec. 404. Estrogenic substances screening program. Sec. 405. Reports on programs administered directly by Environmental Protection Agency. Sec. 406. Return flows. Sec. 407. Emergency powers. Sec. 408. Waterborne disease occurrence study. Sec. 409. Drinking water studies. Sec. 410. Bottled drinking water standards. Sec. 411. Clerical amendments. TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS Sec. 501. General program. Sec. 502. New York City Watershed, New York. Sec. 503. Rural and Native villages, Alaska. Sec. 504. Acquisition of lands. Sec. 505. Federal share. Sec. 506. Condition on authorizations of appropriations. Sec. 507. Definitions. TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION Sec. 601. Drinking water research authorization. Sec. 602. Scientific research review. 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) Effective Date.--Except as otherwise specified in this Act or in the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (c) Disclaimer.--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. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS. (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g- 1(b)(3)) is amended to read as follows: ``(3) Regulation of unregulated contaminants.-- ``(A) Listing of contaminants for consideration.--(i) Not later than 18 months after the date of the 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 clause (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 subparagraph shall not be subject to judicial review. ``(B) Determination to regulate.--(i) Not later than 5 years after the date of the enactment of the Safe Drinking Water Act Amendments of 1996, and every 5 years thereafter, the Administrator shall, by rule, for not fewer than 5 contaminants included on the list published under subparagraph (A), make determinations of whether or not to regulate such contaminants. ``(ii) A determination to regulate a contaminant shall be based on findings that-- ``(I) 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 a level of public health concern; and ``(II) regulation of such contaminant presents a meaningful opportunity for public health risk reduction for persons served by public water systems. Such findings shall be based on the best available public health information, including the occurrence data base established under section 1445(g). ``(iii) The Administrator may make a determination to regulate a contaminant that does not appear on a list under subparagraph (A) if the determination to regulate is made pursuant to clause (ii). ``(iv) A determination under this subparagraph not to regulate a contaminant shall be considered final agency action and subject to judicial review. ``(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) Regulation.--For each contaminant that the Administrator determines to regulate under subparagraph (B), the Administrator shall promulgate, by rule, maximum contaminant level goals and national primary drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level goal and national primary drinking water regulation 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 promulgate a maximum contaminant level goal and national primary drinking water regulation within 18 months after the proposal thereof. The Administrator, by notice in the Federal Register, may extend the deadline for such promulgation for up to 9 months. ``(E) 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.''. (b) Applicability of Prior Requirements.--The requirements of subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) as in effect before the 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) to such subparagraphs (C) and (D). SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS. Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at the end the following subparagraph: ``(F) Disinfectants and disinfection byproducts.-- ``(i) Information collection rule.--Not later than December 31, 1996, the Administrator shall, after notice and opportunity for public comment, promulgate an information collection rule to obtain information that will facilitate further revisions to the national primary drinking water regulation for disinfectants and disinfection byproducts, including information on microbial contaminants such as cryptosporidium. The Administrator may extend the December 31, 1996, deadline under this clause for up to 180 days if the Administrator determines that progress toward approval of an appropriate analytical method to screen for cryptosporidium is sufficiently advanced and approval is likely to be completed within the additional time period. ``(ii) Additional deadlines.--The time intervals between promulgation of a final information collection rule, an Interim Enhanced Surface Water Treatment Rule, a Final Enhanced Surface Water Treatment Rule, a Stage I Disinfectants and Disinfection Byproducts Rule, and a Stage II Disinfectants and Disinfection Byproducts Rule shall be in accordance with the schedule published in volume 59, Federal Register, page [[Page H6727]] 6361 (February 10, 1994), in table III.13 of the proposed Information Collection Rule. If a delay occurs with respect to the promulgation of any rule in the timetable established by this subparagraph, all subsequent rules shall be completed as expeditiously as practicable but no later than a revised date that reflects the interval or intervals for the rules in the timetable.''. SEC. 103. LIMITED ALTERNATIVE TO FILTRATION. Section 1412(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 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 paragraph (8)).''. 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) 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 (12)(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) Each national''. (5) In paragraph (4)(E)(i) (as so designated), by striking ``this paragraph'' and inserting ``this subsection''. (6) By inserting after paragraph (4) (as so amended) the following: ``(5) Additional health risk considerations.-- ``(A) In general.--Notwithstanding paragraph (4), the Administrator may establish a maximum contaminant level for a contaminant at a level other than the feasible level, if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by-- ``(i) increasing the concentration of other contaminants in drinking water; or ``(ii) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other national primary drinking water regulations. ``(B) Establishment of level.--If the Administrator establishes a maximum contaminant level or levels or requires the use of treatment techniques for any contaminant or contaminants pursuant to the authority of this paragraph-- ``(i) the level or levels or treatment techniques shall minimize the overall risk of adverse health effects by balancing the risk from the contaminant and the risk from other contaminants the concentrations of which may be affected by the use of a treatment technique or process that would be employed to attain the maximum contaminant level or levels; and ``(ii) the combination of technology, treatment techniques, or other means required to meet the level or levels shall not be more stringent than is feasible (as defined in paragraph (4)(D)). ``(6) Additional health risk reduction and cost considerations.-- ``(A) In general.--Notwithstanding paragraph (4), if the Administrator determines based on an analysis conducted under paragraph (12)(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 assistance program); would justify the costs to the systems of complying with the regulation. This subparagraph shall not apply if the contaminant is found almost exclusively in small systems (as defined in section 1415(e), relating to small system assistance program). ``(C) Disinfectants and disinfection byproducts.--The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a Stage I or Stage II national primary drinking water regulation for contaminants that are disinfectants or disinfection byproducts (as described in paragraph (3)(F)), or to establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The authority of this paragraph may be used to establish regulations for the use of disinfection by systems relying on ground water sources as required by paragraph (8). ``(D) Judicial review.--A determination by the Administrator that the benefits of a maximum contaminant level or treatment requirement justify or do not justify the costs of complying with the level shall be reviewed by the court pursuant to section 1448 only as part of a review of a final national primary drinking water regulation that has been promulgated based on the determination and shall not be set aside by the court under that section unless the court finds that the determination is arbitrary and capricious.''. (b) Disinfectants and Disinfection Byproducts.--The Administrator of the Environmental Protection Agency may use the authority of section 1412(b)(5) of the Public Health Service Act (as amended by this Act) to promulgate the Stage I and Stage II rules for disinfectants and disinfection byproducts 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 Disinfection 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)) 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. GROUND WATER DISINFECTION. Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking the first sentence and inserting the following: ``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 (3)(F)(ii)), 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. A State that has primary enforcement authority shall develop a plan through which ground water disinfection determinations are made. The plan shall be based on the Administrator's criteria and shall be submitted to the Administrator for approval.''. SEC. 106. 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. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after paragraph (11) the following: ``(12) Risk assessment, management and communication.-- [[Page H6728]] ``(A) Use of science in decisionmaking.--In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use-- ``(i) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(ii) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data). ``(B) Public information.--In carrying out this section, the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative and understandable. The Administrator shall, in a document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable-- ``(i) each population addressed by any estimate of public health effects; ``(ii) the expected risk or central estimate of risk for the specific populations; ``(iii) each appropriate upper-bound or lower-bound estimate of risk; ``(iv) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving the uncertainty; and ``(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data. ``(C) Health risk reduction and cost analysis.-- ``(i) Maximum contaminant levels.--When proposing any national primary drinking water regulation that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on, and use for the purposes of paragraphs (4), (5), and (6) an analysis of: ``(I) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur as the result of treatment to comply with each level. ``(II) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(III) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the maximum contaminant level, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered. ``(V) The effects of the contaminant on the general population and on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population. ``(VI) Any increased health risk that may occur as the result of compliance, including risks associated with co- occurring contaminants. ``(VII) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (I) through (VI), and factors with respect to the degree and nature of the risk. ``(ii) Treatment techniques.--When proposing a national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as the result of compliance with the treatment technique and alternative treatment techniques that are being considered, taking into account, as appropriate, the factors described in clause (i). ``(iii) Approaches to measure and value benefits.--The Administrator may identify valid approaches for the measurement and valuation of benefits under this subparagraph, including approaches to identify consumer willingness to pay for reductions in health risks from drinking water contaminants. ``(iv) Authorization.--There are authorized to be appropriated to the Administrator, acting through the Office of Ground Water and Drinking Water, to conduct studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000 for each of fiscal years 1996 through 2003.''. SEC. 108. RADON, ARSENIC, AND SULFATE. Section 1412(b) is amended by inserting after paragraph (12) the following: ``(13) Certain contaminants.-- ``(A) Radon.--Any proposal published by the Administrator before the enactment of the Safe Drinking Water Act Amendments of 1996 to establish a national primary drinking water standard for radon shall be withdrawn by the Administrator. Notwithstanding any provision of any law enacted prior to the enactment of the Safe Drinking Water Act Amendments of 1996, within 3 years of such date of enactment, the Administrator shall propose and promulgate a national primary drinking water regulation for radon under this section, as amended by the Safe Drinking Water Act Amendments of 1996. In undertaking any risk analysis and benefit cost analysis in connection with the promulgation of such standard, the Administrator shall take into account the costs and benefits of control programs for radon from other sources. ``(B) Arsenic.--(i) 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) 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) In carrying out the study plan, the Administrator may enter into cooperative agreements with other Federal agencies, State and local governments, and other interested public and private entities. ``(iv) The Administrator shall propose a national primary drinking water regulation for arsenic not later than January 1, 2000. ``(v) 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) There are authorized to be appropriated $2,000,000 for each of fiscal years 1997 through 2001 for the studies required by this paragraph. ``(C) 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. ``(ii) Proposed and final rule.--Notwithstanding the deadlines set forth in paragraph (1), 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.''. SEC. 109. URGENT THREATS TO PUBLIC HEALTH. Section 1412(b) is amended by inserting the following after paragraph (13): ``(14) 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 (12)(C) to address an urgent threat to public health as determined by the Administrator after consultation with and written response to any comments provided by the Secretary of Health and Human Services, acting through the director of the Centers for Disease Control and Prevention or the director of the National Institutes of Health. A determination for any contaminant in accordance with paragraph (4)(C) subject to an interim regulation under this subparagraph shall be issued, and a completed analysis meeting the requirements of paragraph (12)(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.''. SEC. 110. RECYCLING OF FILTER BACKWASH. Section 1412(b) is amended by adding the following new paragraph after paragraph (14): ``(15) 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 the 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.''. [[Page H6729]] SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS. (a) List of 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) The Administrator shall include in the list any technology, treatment technique, or other means that is affordable 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. If the American National Standards Institute has issued product standards applicable to a specific type of point-of-entry or point-of-use treatment unit, individual units of that type shall not be accepted for compliance with a maximum contaminant level or treatment technique requirement unless they are independently certified in accordance with such standards. ``(iii) Except as provided in clause (v), not later than 2 years after the date of the 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 the enactment of this paragraph. ``(iv) 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) Within one year after the enactment of this clause, the Administrator shall list technologies that meet the surface water treatment rules for each category of public water systems described in subclauses (I), (II), and (III) of clause (ii).''. (b) Availability of Information on Small System Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by adding 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 assistance 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).''. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems SEC. 121. 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) is amended by inserting after ``emergency circumstances'' the following: ``including earthquakes, floods, hurricanes, and other natural disasters, as appropriate''. Subtitle C--Notification and Enforcement SEC. 131. PUBLIC NOTIFICATION. Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as follows: ``(c) Notice to Persons Served.-- ``(1) In general.--Each owner or operator of a public water system shall give notice of each of the following to the persons served by the system: ``(A) Notice of any failure on the part of the public water system to-- ``(i) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation; or ``(ii) perform monitoring required by section 1445(a). ``(B) If the public water system is subject to a variance granted under subsection (a)(1)(A), (a)(2), or (e) of section 1415 for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 1416, notice of-- ``(i) the existence of the variance or exemption; and ``(ii) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption. ``(C) Notice of the concentration level of any unregulated contaminant for which the Administrator has required public notice pursuant to paragraph (2)(E). ``(2) Form, manner, and frequency of notice.-- ``(A) In general.--The Administrator shall, by regulation, and after consultation with the States, prescribe the manner, frequency, form, and content for giving notice under this subsection. The regulations shall-- ``(i) provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent; and ``(ii) take into account the seriousness of any potential adverse health effects that may be involved. ``(B) State requirements.-- ``(i) In general.--A State may, by rule, establish alternative notification requirements-- ``(I) with respect to the form and content of notice given under and in a manner in accordance with subparagraph (C); and ``(II) with respect to the form and content of notice given under subparagraph (D). ``(ii) Contents.--The alternative requirements shall provide the same type and amount of information as required pursuant to this subsection and regulations issued under subparagraph (A). ``(iii) Relationship to section 1413.--Nothing in this subparagraph shall be construed or applied to modify the requirements of section 1413. ``(C) Violations with potential to have serious adverse effects on human health.--Regulations issued under subparagraph (A) shall specify notification procedures for each violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. Each notice of violation provided under this subparagraph shall-- ``(i) be distributed as soon as practicable after the occurrence of the violation, but not later than 24 hours after the occurrence of the violation; ``(ii) provide a clear and readily understandable explanation of-- ``(I) the violation; ``(II) the potential adverse effects on human health; ``(III) the steps that the public water system is taking to correct the violation; and ``(IV) the necessity of seeking alternative water supplies until the violation is corrected; ``(iii) be provided to the Administrator or the head of the State agency that has primary enforcement responsibility under section 1413 as soon as practicable, but not later than 24 hours after the occurrence of the violation; and ``(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis after the consultation referred to in clause (iii), considering the health risks involved-- ``(I) be provided to appropriate broadcast media; ``(II) be prominently published in a newspaper of general circulation serving the area not later than 1 day after distribution of a notice pursuant to clause (i) or the date of publication of the next issue of the newspaper; or ``(III) be provided by posting or door-to-door notification in lieu of notification by means of broadcast media or newspaper. ``(D) Written notice.-- ``(i) In general.--Regulations issued under subparagraph (A) shall specify notification procedures for violations other than the violations covered by subparagraph (C). The procedures shall specify that a public water system shall provide written notice to each person served by the system by notice (I) in the first bill (if any) prepared after the date of occurrence of the violation, (II) in an annual report issued not later than 1 year after the date of occurrence of the violation, or (III) by mail or direct delivery as soon as practicable, but not later than 1 year after the date of occurrence of the violation. ``(ii) Form and manner of notice.--The Administrator shall prescribe the form and manner of the notice to provide a clear and [[Page H6730]] readily understandable explanation of the violation, any potential adverse health effects, and the steps that the system is taking to seek alternative water supplies, if any, until the violation is corrected. ``(E) Unregulated contaminants.--The Administrator may require the owner or operator of a public water system to give notice to the persons served by the system of the concentration levels of an unregulated contaminant required to be monitored under section 1445(a). ``(3) Reports.-- ``(A) Annual report by state.-- ``(i) In general.--Not later than January 1, 1998, and annually thereafter, each State that has primary enforcement responsibility under section 1413 shall prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations by public water systems in the State, including violations with respect to (I) maximum contaminant levels, (II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to be significant by the Administrator after consultation with the States. ``(ii) Distribution.--The State shall publish and distribute summaries of the report and indicate where the full report is available for review. ``(B) Annual report by administrator.--Not later than July 1, 1998, and annually thereafter, the Administrator shall prepare and make available to the public an annual report summarizing and evaluating reports submitted by States pursuant to subparagraph (A) and notices submitted by public water systems serving Indian Tribes provided to the Administrator pursuant to subparagraph (C) or (D) of paragraph (2) and making recommendations concerning the resources needed to improve compliance with this title. The report shall include information about public water system compliance on Indian reservations and about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning the resources needed to improve compliance with this title on Indian reservations. ``(4) Consumer confidence reports by community water systems.-- ``(A) Annual reports to consumers.--The Administrator, in consultation with public water systems, environmental groups, public interest groups, risk communication experts, and the States, and other interested parties, shall issue regulations within 24 months after the date of the 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 (hereinafter in this paragraph referred to as a `consumer confidence report'). Such regulations shall provide a brief and plainly worded definition of the terms `maximum contaminant level goal' and `maximum contaminant level' and brief statements in plain language regarding the health concerns that resulted in regulation of each regulated contaminant. The regulations shall also provide for an Environmental Protection Agency toll-free hot-line 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' and `maximum contaminant level', as provided in the regulations of the Administrator. ``(iii) If any regulated contaminant is detected in the water purveyed by the public water system, a statement setting forth (I) the maximum contaminant level goal, (II) the maximum contaminant level, (III) the level of such contaminant in such water system, and (IV) for any regulated contaminant for which there has been a violation of the maximum contaminant level during the year concerned, the brief statement in plain language regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A). ``(iv) Information on compliance with national primary drinking water regulations. ``(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 more information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency hot line. A public water system may include such additional information as it deems appropriate for public education. The Administrator may, for not more than 3 regulated contaminants other than those referred to in subclause (IV) of clause (iii), require a consumer confidence report under this paragraph to include the brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant or contaminants concerned, as provided by the Administrator in regulations under subparagraph (A). ``(C) Coverage.--The Governor of a State may determine not to apply the mailing requirement of subparagraph (A) to a community water system serving fewer than 10,000 persons. Any such system shall-- ``(i) inform its customers that the system will not be complying with subparagraph (A), ``(ii) make information available upon request to the public regarding the quality of the water supplied by such system, and ``(iii) publish the report referred to in subparagraph (A) annually in one or more local newspapers serving the area in which customers of the system are located. ``(D) Alternative 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.''. SEC. 132. ENFORCEMENT. (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as follows: (1) In subsection (a): (A) In paragraph (1)(A)(i), by striking ``any national primary drinking water regulation in effect under section 1412'' and inserting ``any applicable requirement'', and by striking ``with such regulation or requirement'' in the matter following clause (ii) and inserting ``with the requirement''. (B) In paragraph (1)(B), by striking ``regulation or'' and inserting ``applicable''. (C) By amending paragraph (2) to read as follows: ``(2) Enforcement in nonprimacy states.-- ``(A) In general.--If, on the basis of information available to the Administrator, the Administrator finds, with respect to a period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State-- ``(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any applicable requirement; or ``(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant to the variance or exemption; the Administrator shall issue an order under subsection (g) requiring the public water system to comply with the requirement, or commence a civil action under subsection (b). ``(B) Notice.--If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the time that the action is taken.''. (2) In subsection (b), in the first sentence, 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), by striking ``effect until after notice and opportunity for public hearing and,'' and inserting ``effect,'', and by striking ``proposed order'' and inserting ``order'', in the first sentence and in the second sentence, by striking ``proposed to be''. (C) In paragraph (3), 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.''. (D) In paragraph (3)(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 subsections: ``(h) Relief.-- ``(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; [[Page H6731]] ``(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 as follows: (1) In paragraph (4), by striking ``and'' at the end thereof. (2) In paragraph (5), by striking the period at the end and inserting ``; and''. (3) By adding at the end the following: ``(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount-- ``(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and ``(B) in the case of any other system, that is adequate to ensure compliance (as determined by the State); except that a State may establish a maximum limitation on the total amount of administrative penalties that may be imposed on a public water system per violation.''. SEC. 133. JUDICIAL REVIEW Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows: (1) In paragraph (2), in the first sentence, by inserting ``final'' after ``any other''. (2) In the matter after and below paragraph (2): (A) By striking ``or issuance of the order'' and inserting ``or any other final Agency action''. (B) 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.''. Subtitle D--Exemptions and Variances SEC. 141. EXEMPTIONS. (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is amended by adding the following at the end thereof: ``(h) Small Systems.--(1) For public water systems serving fewer than 3,300 persons, the maximum exemption period shall be 4 years if the State is exercising primary enforcement responsibility for public water systems and determines that-- ``(A) the public water system cannot meet the maximum contaminant level or install Best Available Affordable Technology (`BAAT') due in either case to compelling economic circumstances (taking into consideration the availability of financial assistance under section 1452, relating to State Revolving Funds) or other compelling circumstances; ``(B) the public water system could not comply with the maximum contaminant level through the use of alternate water supplies; ``(C) the granting of the exemption will provide a drinking water supply that protects public health given the duration of exemption; and ``(D) the State has met the requirements of paragraph (2). ``(2)(A) Before issuing an exemption under this section or an extension thereof for a small public water system described in paragraph (1), the State shall-- ``(i) examine the public water system's technical, financial, and managerial capability (taking into consideration any available financial assistance) to operate in and maintain compliance with this title, and ``(ii) determine if management or restructuring changes (or both) can reasonably be made that will result in compliance with this title or, if compliance cannot be achieved, improve the quality of the drinking water. ``(B) Management changes referred to in subparagraph (A) may include rate increases, accounting changes, the hiring of consultants, the appointment of a technician with expertise in operating such systems, contractual arrangements for a more efficient and capable system for joint operation, or other reasonable strategies to improve capacity. ``(C) Restructuring changes referred to in subparagraph (A) may include ownership change, physical consolidation with another system, or other measures to otherwise improve customer base and gain economies of scale. ``(D) If the State determines that management or restructuring changes referred to in subparagraph (A) can reasonably be made, it shall require such changes and a schedule therefore as a condition of th

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SAFE DRINKING WATER ACT AMENDMENTS OF 1996
(House of Representatives - June 25, 1996)

Text of this article available as: TXT PDF [Pages H6725-H6762] SAFE DRINKING WATER ACT AMENDMENTS OF 1996 Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3604) to amend title XIV of the Public Health Service Act-- the ``Safe Drinking Water Act''--and for other purposes, as amended. The Clerk read as follows: H.R. 3604 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Drinking Water Act Amendments of 1996''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. References; effective date; disclaimer. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations Sec. 101. Selection of additional contaminants. Sec. 102. Disinfectants and disinfection byproducts. Sec. 103. Limited alternative to filtration. Sec. 104. Standard-setting. Sec. 105. Ground water disinfection. Sec. 106. Effective date for regulations. Sec. 107. Risk assessment, management, and communication. Sec. 108. Radon, arsenic, and sulfate. Sec. 109. Urgent threats to public health. Sec. 110. Recycling of filter backwash. Sec. 111. Treatment technologies for small systems. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems Sec. 121. State primacy. Subtitle C--Notification and Enforcement Sec. 131. Public notification. [[Page H6726]] Sec. 132. Enforcement. Sec. 133. Judicial review Subtitle D--Exemptions and Variances Sec. 141. Exemptions. Sec. 142. Variances. Subtitle E--Lead Plumbing and Pipes Sec. 151. Lead plumbing and pipes. Subtitle F--Capacity Development Sec. 161. Capacity development. TITLE II--AMENDMENTS TO PART C Sec. 201. Source water quality assessment. Sec. 202. Federal facilities. TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT Sec. 301. Operator certification. Sec. 302. Technical assistance. Sec. 303. Public water system supervision program. Sec. 304. Monitoring and information gathering. Sec. 305. Occurrence data base. Sec. 306. Citizens suits. Sec. 307. Whistle blower. Sec. 308. State revolving funds. Sec. 309. Water conservation plan. TITLE IV--MISCELLANEOUS Sec. 401. Definitions. Sec. 402. Authorization of appropriations. Sec. 403. New York City watershed protection program. Sec. 404. Estrogenic substances screening program. Sec. 405. Reports on programs administered directly by Environmental Protection Agency. Sec. 406. Return flows. Sec. 407. Emergency powers. Sec. 408. Waterborne disease occurrence study. Sec. 409. Drinking water studies. Sec. 410. Bottled drinking water standards. Sec. 411. Clerical amendments. TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS Sec. 501. General program. Sec. 502. New York City Watershed, New York. Sec. 503. Rural and Native villages, Alaska. Sec. 504. Acquisition of lands. Sec. 505. Federal share. Sec. 506. Condition on authorizations of appropriations. Sec. 507. Definitions. TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION Sec. 601. Drinking water research authorization. Sec. 602. Scientific research review. 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) Effective Date.--Except as otherwise specified in this Act or in the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (c) Disclaimer.--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. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS. (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g- 1(b)(3)) is amended to read as follows: ``(3) Regulation of unregulated contaminants.-- ``(A) Listing of contaminants for consideration.--(i) Not later than 18 months after the date of the 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 clause (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 subparagraph shall not be subject to judicial review. ``(B) Determination to regulate.--(i) Not later than 5 years after the date of the enactment of the Safe Drinking Water Act Amendments of 1996, and every 5 years thereafter, the Administrator shall, by rule, for not fewer than 5 contaminants included on the list published under subparagraph (A), make determinations of whether or not to regulate such contaminants. ``(ii) A determination to regulate a contaminant shall be based on findings that-- ``(I) 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 a level of public health concern; and ``(II) regulation of such contaminant presents a meaningful opportunity for public health risk reduction for persons served by public water systems. Such findings shall be based on the best available public health information, including the occurrence data base established under section 1445(g). ``(iii) The Administrator may make a determination to regulate a contaminant that does not appear on a list under subparagraph (A) if the determination to regulate is made pursuant to clause (ii). ``(iv) A determination under this subparagraph not to regulate a contaminant shall be considered final agency action and subject to judicial review. ``(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) Regulation.--For each contaminant that the Administrator determines to regulate under subparagraph (B), the Administrator shall promulgate, by rule, maximum contaminant level goals and national primary drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level goal and national primary drinking water regulation 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 promulgate a maximum contaminant level goal and national primary drinking water regulation within 18 months after the proposal thereof. The Administrator, by notice in the Federal Register, may extend the deadline for such promulgation for up to 9 months. ``(E) 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.''. (b) Applicability of Prior Requirements.--The requirements of subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) as in effect before the 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) to such subparagraphs (C) and (D). SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS. Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at the end the following subparagraph: ``(F) Disinfectants and disinfection byproducts.-- ``(i) Information collection rule.--Not later than December 31, 1996, the Administrator shall, after notice and opportunity for public comment, promulgate an information collection rule to obtain information that will facilitate further revisions to the national primary drinking water regulation for disinfectants and disinfection byproducts, including information on microbial contaminants such as cryptosporidium. The Administrator may extend the December 31, 1996, deadline under this clause for up to 180 days if the Administrator determines that progress toward approval of an appropriate analytical method to screen for cryptosporidium is sufficiently advanced and approval is likely to be completed within the additional time period. ``(ii) Additional deadlines.--The time intervals between promulgation of a final information collection rule, an Interim Enhanced Surface Water Treatment Rule, a Final Enhanced Surface Water Treatment Rule, a Stage I Disinfectants and Disinfection Byproducts Rule, and a Stage II Disinfectants and Disinfection Byproducts Rule shall be in accordance with the schedule published in volume 59, Federal Register, page [[Page H6727]] 6361 (February 10, 1994), in table III.13 of the proposed Information Collection Rule. If a delay occurs with respect to the promulgation of any rule in the timetable established by this subparagraph, all subsequent rules shall be completed as expeditiously as practicable but no later than a revised date that reflects the interval or intervals for the rules in the timetable.''. SEC. 103. LIMITED ALTERNATIVE TO FILTRATION. Section 1412(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 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 paragraph (8)).''. 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) 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 (12)(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) Each national''. (5) In paragraph (4)(E)(i) (as so designated), by striking ``this paragraph'' and inserting ``this subsection''. (6) By inserting after paragraph (4) (as so amended) the following: ``(5) Additional health risk considerations.-- ``(A) In general.--Notwithstanding paragraph (4), the Administrator may establish a maximum contaminant level for a contaminant at a level other than the feasible level, if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by-- ``(i) increasing the concentration of other contaminants in drinking water; or ``(ii) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other national primary drinking water regulations. ``(B) Establishment of level.--If the Administrator establishes a maximum contaminant level or levels or requires the use of treatment techniques for any contaminant or contaminants pursuant to the authority of this paragraph-- ``(i) the level or levels or treatment techniques shall minimize the overall risk of adverse health effects by balancing the risk from the contaminant and the risk from other contaminants the concentrations of which may be affected by the use of a treatment technique or process that would be employed to attain the maximum contaminant level or levels; and ``(ii) the combination of technology, treatment techniques, or other means required to meet the level or levels shall not be more stringent than is feasible (as defined in paragraph (4)(D)). ``(6) Additional health risk reduction and cost considerations.-- ``(A) In general.--Notwithstanding paragraph (4), if the Administrator determines based on an analysis conducted under paragraph (12)(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 assistance program); would justify the costs to the systems of complying with the regulation. This subparagraph shall not apply if the contaminant is found almost exclusively in small systems (as defined in section 1415(e), relating to small system assistance program). ``(C) Disinfectants and disinfection byproducts.--The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a Stage I or Stage II national primary drinking water regulation for contaminants that are disinfectants or disinfection byproducts (as described in paragraph (3)(F)), or to establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The authority of this paragraph may be used to establish regulations for the use of disinfection by systems relying on ground water sources as required by paragraph (8). ``(D) Judicial review.--A determination by the Administrator that the benefits of a maximum contaminant level or treatment requirement justify or do not justify the costs of complying with the level shall be reviewed by the court pursuant to section 1448 only as part of a review of a final national primary drinking water regulation that has been promulgated based on the determination and shall not be set aside by the court under that section unless the court finds that the determination is arbitrary and capricious.''. (b) Disinfectants and Disinfection Byproducts.--The Administrator of the Environmental Protection Agency may use the authority of section 1412(b)(5) of the Public Health Service Act (as amended by this Act) to promulgate the Stage I and Stage II rules for disinfectants and disinfection byproducts 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 Disinfection 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)) 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. GROUND WATER DISINFECTION. Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking the first sentence and inserting the following: ``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 (3)(F)(ii)), 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. A State that has primary enforcement authority shall develop a plan through which ground water disinfection determinations are made. The plan shall be based on the Administrator's criteria and shall be submitted to the Administrator for approval.''. SEC. 106. 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. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after paragraph (11) the following: ``(12) Risk assessment, management and communication.-- [[Page H6728]] ``(A) Use of science in decisionmaking.--In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use-- ``(i) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(ii) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data). ``(B) Public information.--In carrying out this section, the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative and understandable. The Administrator shall, in a document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable-- ``(i) each population addressed by any estimate of public health effects; ``(ii) the expected risk or central estimate of risk for the specific populations; ``(iii) each appropriate upper-bound or lower-bound estimate of risk; ``(iv) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving the uncertainty; and ``(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data. ``(C) Health risk reduction and cost analysis.-- ``(i) Maximum contaminant levels.--When proposing any national primary drinking water regulation that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on, and use for the purposes of paragraphs (4), (5), and (6) an analysis of: ``(I) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur as the result of treatment to comply with each level. ``(II) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(III) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the maximum contaminant level, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered. ``(V) The effects of the contaminant on the general population and on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population. ``(VI) Any increased health risk that may occur as the result of compliance, including risks associated with co- occurring contaminants. ``(VII) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (I) through (VI), and factors with respect to the degree and nature of the risk. ``(ii) Treatment techniques.--When proposing a national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as the result of compliance with the treatment technique and alternative treatment techniques that are being considered, taking into account, as appropriate, the factors described in clause (i). ``(iii) Approaches to measure and value benefits.--The Administrator may identify valid approaches for the measurement and valuation of benefits under this subparagraph, including approaches to identify consumer willingness to pay for reductions in health risks from drinking water contaminants. ``(iv) Authorization.--There are authorized to be appropriated to the Administrator, acting through the Office of Ground Water and Drinking Water, to conduct studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000 for each of fiscal years 1996 through 2003.''. SEC. 108. RADON, ARSENIC, AND SULFATE. Section 1412(b) is amended by inserting after paragraph (12) the following: ``(13) Certain contaminants.-- ``(A) Radon.--Any proposal published by the Administrator before the enactment of the Safe Drinking Water Act Amendments of 1996 to establish a national primary drinking water standard for radon shall be withdrawn by the Administrator. Notwithstanding any provision of any law enacted prior to the enactment of the Safe Drinking Water Act Amendments of 1996, within 3 years of such date of enactment, the Administrator shall propose and promulgate a national primary drinking water regulation for radon under this section, as amended by the Safe Drinking Water Act Amendments of 1996. In undertaking any risk analysis and benefit cost analysis in connection with the promulgation of such standard, the Administrator shall take into account the costs and benefits of control programs for radon from other sources. ``(B) Arsenic.--(i) 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) 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) In carrying out the study plan, the Administrator may enter into cooperative agreements with other Federal agencies, State and local governments, and other interested public and private entities. ``(iv) The Administrator shall propose a national primary drinking water regulation for arsenic not later than January 1, 2000. ``(v) 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) There are authorized to be appropriated $2,000,000 for each of fiscal years 1997 through 2001 for the studies required by this paragraph. ``(C) 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. ``(ii) Proposed and final rule.--Notwithstanding the deadlines set forth in paragraph (1), 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.''. SEC. 109. URGENT THREATS TO PUBLIC HEALTH. Section 1412(b) is amended by inserting the following after paragraph (13): ``(14) 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 (12)(C) to address an urgent threat to public health as determined by the Administrator after consultation with and written response to any comments provided by the Secretary of Health and Human Services, acting through the director of the Centers for Disease Control and Prevention or the director of the National Institutes of Health. A determination for any contaminant in accordance with paragraph (4)(C) subject to an interim regulation under this subparagraph shall be issued, and a completed analysis meeting the requirements of paragraph (12)(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.''. SEC. 110. RECYCLING OF FILTER BACKWASH. Section 1412(b) is amended by adding the following new paragraph after paragraph (14): ``(15) 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 the 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.''. [[Page H6729]] SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS. (a) List of 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) The Administrator shall include in the list any technology, treatment technique, or other means that is affordable 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. If the American National Standards Institute has issued product standards applicable to a specific type of point-of-entry or point-of-use treatment unit, individual units of that type shall not be accepted for compliance with a maximum contaminant level or treatment technique requirement unless they are independently certified in accordance with such standards. ``(iii) Except as provided in clause (v), not later than 2 years after the date of the 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 the enactment of this paragraph. ``(iv) 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) Within one year after the enactment of this clause, the Administrator shall list technologies that meet the surface water treatment rules for each category of public water systems described in subclauses (I), (II), and (III) of clause (ii).''. (b) Availability of Information on Small System Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by adding 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 assistance 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).''. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems SEC. 121. 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) is amended by inserting after ``emergency circumstances'' the following: ``including earthquakes, floods, hurricanes, and other natural disasters, as appropriate''. Subtitle C--Notification and Enforcement SEC. 131. PUBLIC NOTIFICATION. Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as follows: ``(c) Notice to Persons Served.-- ``(1) In general.--Each owner or operator of a public water system shall give notice of each of the following to the persons served by the system: ``(A) Notice of any failure on the part of the public water system to-- ``(i) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation; or ``(ii) perform monitoring required by section 1445(a). ``(B) If the public water system is subject to a variance granted under subsection (a)(1)(A), (a)(2), or (e) of section 1415 for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 1416, notice of-- ``(i) the existence of the variance or exemption; and ``(ii) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption. ``(C) Notice of the concentration level of any unregulated contaminant for which the Administrator has required public notice pursuant to paragraph (2)(E). ``(2) Form, manner, and frequency of notice.-- ``(A) In general.--The Administrator shall, by regulation, and after consultation with the States, prescribe the manner, frequency, form, and content for giving notice under this subsection. The regulations shall-- ``(i) provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent; and ``(ii) take into account the seriousness of any potential adverse health effects that may be involved. ``(B) State requirements.-- ``(i) In general.--A State may, by rule, establish alternative notification requirements-- ``(I) with respect to the form and content of notice given under and in a manner in accordance with subparagraph (C); and ``(II) with respect to the form and content of notice given under subparagraph (D). ``(ii) Contents.--The alternative requirements shall provide the same type and amount of information as required pursuant to this subsection and regulations issued under subparagraph (A). ``(iii) Relationship to section 1413.--Nothing in this subparagraph shall be construed or applied to modify the requirements of section 1413. ``(C) Violations with potential to have serious adverse effects on human health.--Regulations issued under subparagraph (A) shall specify notification procedures for each violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. Each notice of violation provided under this subparagraph shall-- ``(i) be distributed as soon as practicable after the occurrence of the violation, but not later than 24 hours after the occurrence of the violation; ``(ii) provide a clear and readily understandable explanation of-- ``(I) the violation; ``(II) the potential adverse effects on human health; ``(III) the steps that the public water system is taking to correct the violation; and ``(IV) the necessity of seeking alternative water supplies until the violation is corrected; ``(iii) be provided to the Administrator or the head of the State agency that has primary enforcement responsibility under section 1413 as soon as practicable, but not later than 24 hours after the occurrence of the violation; and ``(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis after the consultation referred to in clause (iii), considering the health risks involved-- ``(I) be provided to appropriate broadcast media; ``(II) be prominently published in a newspaper of general circulation serving the area not later than 1 day after distribution of a notice pursuant to clause (i) or the date of publication of the next issue of the newspaper; or ``(III) be provided by posting or door-to-door notification in lieu of notification by means of broadcast media or newspaper. ``(D) Written notice.-- ``(i) In general.--Regulations issued under subparagraph (A) shall specify notification procedures for violations other than the violations covered by subparagraph (C). The procedures shall specify that a public water system shall provide written notice to each person served by the system by notice (I) in the first bill (if any) prepared after the date of occurrence of the violation, (II) in an annual report issued not later than 1 year after the date of occurrence of the violation, or (III) by mail or direct delivery as soon as practicable, but not later than 1 year after the date of occurrence of the violation. ``(ii) Form and manner of notice.--The Administrator shall prescribe the form and manner of the notice to provide a clear and [[Page H6730]] readily understandable explanation of the violation, any potential adverse health effects, and the steps that the system is taking to seek alternative water supplies, if any, until the violation is corrected. ``(E) Unregulated contaminants.--The Administrator may require the owner or operator of a public water system to give notice to the persons served by the system of the concentration levels of an unregulated contaminant required to be monitored under section 1445(a). ``(3) Reports.-- ``(A) Annual report by state.-- ``(i) In general.--Not later than January 1, 1998, and annually thereafter, each State that has primary enforcement responsibility under section 1413 shall prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations by public water systems in the State, including violations with respect to (I) maximum contaminant levels, (II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to be significant by the Administrator after consultation with the States. ``(ii) Distribution.--The State shall publish and distribute summaries of the report and indicate where the full report is available for review. ``(B) Annual report by administrator.--Not later than July 1, 1998, and annually thereafter, the Administrator shall prepare and make available to the public an annual report summarizing and evaluating reports submitted by States pursuant to subparagraph (A) and notices submitted by public water systems serving Indian Tribes provided to the Administrator pursuant to subparagraph (C) or (D) of paragraph (2) and making recommendations concerning the resources needed to improve compliance with this title. The report shall include information about public water system compliance on Indian reservations and about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning the resources needed to improve compliance with this title on Indian reservations. ``(4) Consumer confidence reports by community water systems.-- ``(A) Annual reports to consumers.--The Administrator, in consultation with public water systems, environmental groups, public interest groups, risk communication experts, and the States, and other interested parties, shall issue regulations within 24 months after the date of the 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 (hereinafter in this paragraph referred to as a `consumer confidence report'). Such regulations shall provide a brief and plainly worded definition of the terms `maximum contaminant level goal' and `maximum contaminant level' and brief statements in plain language regarding the health concerns that resulted in regulation of each regulated contaminant. The regulations shall also provide for an Environmental Protection Agency toll-free hot-line 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' and `maximum contaminant level', as provided in the regulations of the Administrator. ``(iii) If any regulated contaminant is detected in the water purveyed by the public water system, a statement setting forth (I) the maximum contaminant level goal, (II) the maximum contaminant level, (III) the level of such contaminant in such water system, and (IV) for any regulated contaminant for which there has been a violation of the maximum contaminant level during the year concerned, the brief statement in plain language regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A). ``(iv) Information on compliance with national primary drinking water regulations. ``(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 more information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency hot line. A public water system may include such additional information as it deems appropriate for public education. The Administrator may, for not more than 3 regulated contaminants other than those referred to in subclause (IV) of clause (iii), require a consumer confidence report under this paragraph to include the brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant or contaminants concerned, as provided by the Administrator in regulations under subparagraph (A). ``(C) Coverage.--The Governor of a State may determine not to apply the mailing requirement of subparagraph (A) to a community water system serving fewer than 10,000 persons. Any such system shall-- ``(i) inform its customers that the system will not be complying with subparagraph (A), ``(ii) make information available upon request to the public regarding the quality of the water supplied by such system, and ``(iii) publish the report referred to in subparagraph (A) annually in one or more local newspapers serving the area in which customers of the system are located. ``(D) Alternative 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.''. SEC. 132. ENFORCEMENT. (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as follows: (1) In subsection (a): (A) In paragraph (1)(A)(i), by striking ``any national primary drinking water regulation in effect under section 1412'' and inserting ``any applicable requirement'', and by striking ``with such regulation or requirement'' in the matter following clause (ii) and inserting ``with the requirement''. (B) In paragraph (1)(B), by striking ``regulation or'' and inserting ``applicable''. (C) By amending paragraph (2) to read as follows: ``(2) Enforcement in nonprimacy states.-- ``(A) In general.--If, on the basis of information available to the Administrator, the Administrator finds, with respect to a period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State-- ``(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any applicable requirement; or ``(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant to the variance or exemption; the Administrator shall issue an order under subsection (g) requiring the public water system to comply with the requirement, or commence a civil action under subsection (b). ``(B) Notice.--If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the time that the action is taken.''. (2) In subsection (b), in the first sentence, 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), by striking ``effect until after notice and opportunity for public hearing and,'' and inserting ``effect,'', and by striking ``proposed order'' and inserting ``order'', in the first sentence and in the second sentence, by striking ``proposed to be''. (C) In paragraph (3), 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.''. (D) In paragraph (3)(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 subsections: ``(h) Relief.-- ``(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; [[Page H6731]] ``(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 as follows: (1) In paragraph (4), by striking ``and'' at the end thereof. (2) In paragraph (5), by striking the period at the end and inserting ``; and''. (3) By adding at the end the following: ``(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount-- ``(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and ``(B) in the case of any other system, that is adequate to ensure compliance (as determined by the State); except that a State may establish a maximum limitation on the total amount of administrative penalties that may be imposed on a public water system per violation.''. SEC. 133. JUDICIAL REVIEW Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows: (1) In paragraph (2), in the first sentence, by inserting ``final'' after ``any other''. (2) In the matter after and below paragraph (2): (A) By striking ``or issuance of the order'' and inserting ``or any other final Agency action''. (B) 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.''. Subtitle D--Exemptions and Variances SEC. 141. EXEMPTIONS. (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is amended by adding the following at the end thereof: ``(h) Small Systems.--(1) For public water systems serving fewer than 3,300 persons, the maximum exemption period shall be 4 years if the State is exercising primary enforcement responsibility for public water systems and determines that-- ``(A) the public water system cannot meet the maximum contaminant level or install Best Available Affordable Technology (`BAAT') due in either case to compelling economic circumstances (taking into consideration the availability of financial assistance under section 1452, relating to State Revolving Funds) or other compelling circumstances; ``(B) the public water system could not comply with the maximum contaminant level through the use of alternate water supplies; ``(C) the granting of the exemption will provide a drinking water supply that protects public health given the duration of exemption; and ``(D) the State has met the requirements of paragraph (2). ``(2)(A) Before issuing an exemption under this section or an extension thereof for a small public water system described in paragraph (1), the State shall-- ``(i) examine the public water system's technical, financial, and managerial capability (taking into consideration any available financial assistance) to operate in and maintain compliance with this title, and ``(ii) determine if management or restructuring changes (or both) can reasonably be made that will result in compliance with this title or, if compliance cannot be achieved, improve the quality of the drinking water. ``(B) Management changes referred to in subparagraph (A) may include rate increases, accounting changes, the hiring of consultants, the appointment of a technician with expertise in operating such systems, contractual arrangements for a more efficient and capable system for joint operation, or other reasonable strategies to improve capacity. ``(C) Restructuring changes referred to in subparagraph (A) may include ownership change, physical consolidation with another system, or other measures to otherwise improve customer base and gain economies of scale. ``(D) If the State determines that management or restructuring changes referred to in subparagraph (A) can reasonably be made, it shall require such changes and a schedule therefore as a condi

Summary:

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SAFE DRINKING WATER ACT AMENDMENTS OF 1996
(House of Representatives - June 25, 1996)

Text of this article available as: TXT PDF [Pages H6725-H6762] SAFE DRINKING WATER ACT AMENDMENTS OF 1996 Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3604) to amend title XIV of the Public Health Service Act-- the ``Safe Drinking Water Act''--and for other purposes, as amended. The Clerk read as follows: H.R. 3604 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Drinking Water Act Amendments of 1996''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. References; effective date; disclaimer. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations Sec. 101. Selection of additional contaminants. Sec. 102. Disinfectants and disinfection byproducts. Sec. 103. Limited alternative to filtration. Sec. 104. Standard-setting. Sec. 105. Ground water disinfection. Sec. 106. Effective date for regulations. Sec. 107. Risk assessment, management, and communication. Sec. 108. Radon, arsenic, and sulfate. Sec. 109. Urgent threats to public health. Sec. 110. Recycling of filter backwash. Sec. 111. Treatment technologies for small systems. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems Sec. 121. State primacy. Subtitle C--Notification and Enforcement Sec. 131. Public notification. [[Page H6726]] Sec. 132. Enforcement. Sec. 133. Judicial review Subtitle D--Exemptions and Variances Sec. 141. Exemptions. Sec. 142. Variances. Subtitle E--Lead Plumbing and Pipes Sec. 151. Lead plumbing and pipes. Subtitle F--Capacity Development Sec. 161. Capacity development. TITLE II--AMENDMENTS TO PART C Sec. 201. Source water quality assessment. Sec. 202. Federal facilities. TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT Sec. 301. Operator certification. Sec. 302. Technical assistance. Sec. 303. Public water system supervision program. Sec. 304. Monitoring and information gathering. Sec. 305. Occurrence data base. Sec. 306. Citizens suits. Sec. 307. Whistle blower. Sec. 308. State revolving funds. Sec. 309. Water conservation plan. TITLE IV--MISCELLANEOUS Sec. 401. Definitions. Sec. 402. Authorization of appropriations. Sec. 403. New York City watershed protection program. Sec. 404. Estrogenic substances screening program. Sec. 405. Reports on programs administered directly by Environmental Protection Agency. Sec. 406. Return flows. Sec. 407. Emergency powers. Sec. 408. Waterborne disease occurrence study. Sec. 409. Drinking water studies. Sec. 410. Bottled drinking water standards. Sec. 411. Clerical amendments. TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS Sec. 501. General program. Sec. 502. New York City Watershed, New York. Sec. 503. Rural and Native villages, Alaska. Sec. 504. Acquisition of lands. Sec. 505. Federal share. Sec. 506. Condition on authorizations of appropriations. Sec. 507. Definitions. TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION Sec. 601. Drinking water research authorization. Sec. 602. Scientific research review. 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) Effective Date.--Except as otherwise specified in this Act or in the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (c) Disclaimer.--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. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS. (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g- 1(b)(3)) is amended to read as follows: ``(3) Regulation of unregulated contaminants.-- ``(A) Listing of contaminants for consideration.--(i) Not later than 18 months after the date of the 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 clause (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 subparagraph shall not be subject to judicial review. ``(B) Determination to regulate.--(i) Not later than 5 years after the date of the enactment of the Safe Drinking Water Act Amendments of 1996, and every 5 years thereafter, the Administrator shall, by rule, for not fewer than 5 contaminants included on the list published under subparagraph (A), make determinations of whether or not to regulate such contaminants. ``(ii) A determination to regulate a contaminant shall be based on findings that-- ``(I) 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 a level of public health concern; and ``(II) regulation of such contaminant presents a meaningful opportunity for public health risk reduction for persons served by public water systems. Such findings shall be based on the best available public health information, including the occurrence data base established under section 1445(g). ``(iii) The Administrator may make a determination to regulate a contaminant that does not appear on a list under subparagraph (A) if the determination to regulate is made pursuant to clause (ii). ``(iv) A determination under this subparagraph not to regulate a contaminant shall be considered final agency action and subject to judicial review. ``(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) Regulation.--For each contaminant that the Administrator determines to regulate under subparagraph (B), the Administrator shall promulgate, by rule, maximum contaminant level goals and national primary drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level goal and national primary drinking water regulation 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 promulgate a maximum contaminant level goal and national primary drinking water regulation within 18 months after the proposal thereof. The Administrator, by notice in the Federal Register, may extend the deadline for such promulgation for up to 9 months. ``(E) 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.''. (b) Applicability of Prior Requirements.--The requirements of subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) as in effect before the 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) to such subparagraphs (C) and (D). SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS. Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at the end the following subparagraph: ``(F) Disinfectants and disinfection byproducts.-- ``(i) Information collection rule.--Not later than December 31, 1996, the Administrator shall, after notice and opportunity for public comment, promulgate an information collection rule to obtain information that will facilitate further revisions to the national primary drinking water regulation for disinfectants and disinfection byproducts, including information on microbial contaminants such as cryptosporidium. The Administrator may extend the December 31, 1996, deadline under this clause for up to 180 days if the Administrator determines that progress toward approval of an appropriate analytical method to screen for cryptosporidium is sufficiently advanced and approval is likely to be completed within the additional time period. ``(ii) Additional deadlines.--The time intervals between promulgation of a final information collection rule, an Interim Enhanced Surface Water Treatment Rule, a Final Enhanced Surface Water Treatment Rule, a Stage I Disinfectants and Disinfection Byproducts Rule, and a Stage II Disinfectants and Disinfection Byproducts Rule shall be in accordance with the schedule published in volume 59, Federal Register, page [[Page H6727]] 6361 (February 10, 1994), in table III.13 of the proposed Information Collection Rule. If a delay occurs with respect to the promulgation of any rule in the timetable established by this subparagraph, all subsequent rules shall be completed as expeditiously as practicable but no later than a revised date that reflects the interval or intervals for the rules in the timetable.''. SEC. 103. LIMITED ALTERNATIVE TO FILTRATION. Section 1412(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 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 paragraph (8)).''. 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) 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 (12)(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) Each national''. (5) In paragraph (4)(E)(i) (as so designated), by striking ``this paragraph'' and inserting ``this subsection''. (6) By inserting after paragraph (4) (as so amended) the following: ``(5) Additional health risk considerations.-- ``(A) In general.--Notwithstanding paragraph (4), the Administrator may establish a maximum contaminant level for a contaminant at a level other than the feasible level, if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by-- ``(i) increasing the concentration of other contaminants in drinking water; or ``(ii) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other national primary drinking water regulations. ``(B) Establishment of level.--If the Administrator establishes a maximum contaminant level or levels or requires the use of treatment techniques for any contaminant or contaminants pursuant to the authority of this paragraph-- ``(i) the level or levels or treatment techniques shall minimize the overall risk of adverse health effects by balancing the risk from the contaminant and the risk from other contaminants the concentrations of which may be affected by the use of a treatment technique or process that would be employed to attain the maximum contaminant level or levels; and ``(ii) the combination of technology, treatment techniques, or other means required to meet the level or levels shall not be more stringent than is feasible (as defined in paragraph (4)(D)). ``(6) Additional health risk reduction and cost considerations.-- ``(A) In general.--Notwithstanding paragraph (4), if the Administrator determines based on an analysis conducted under paragraph (12)(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 assistance program); would justify the costs to the systems of complying with the regulation. This subparagraph shall not apply if the contaminant is found almost exclusively in small systems (as defined in section 1415(e), relating to small system assistance program). ``(C) Disinfectants and disinfection byproducts.--The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a Stage I or Stage II national primary drinking water regulation for contaminants that are disinfectants or disinfection byproducts (as described in paragraph (3)(F)), or to establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The authority of this paragraph may be used to establish regulations for the use of disinfection by systems relying on ground water sources as required by paragraph (8). ``(D) Judicial review.--A determination by the Administrator that the benefits of a maximum contaminant level or treatment requirement justify or do not justify the costs of complying with the level shall be reviewed by the court pursuant to section 1448 only as part of a review of a final national primary drinking water regulation that has been promulgated based on the determination and shall not be set aside by the court under that section unless the court finds that the determination is arbitrary and capricious.''. (b) Disinfectants and Disinfection Byproducts.--The Administrator of the Environmental Protection Agency may use the authority of section 1412(b)(5) of the Public Health Service Act (as amended by this Act) to promulgate the Stage I and Stage II rules for disinfectants and disinfection byproducts 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 Disinfection 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)) 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. GROUND WATER DISINFECTION. Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking the first sentence and inserting the following: ``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 (3)(F)(ii)), 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. A State that has primary enforcement authority shall develop a plan through which ground water disinfection determinations are made. The plan shall be based on the Administrator's criteria and shall be submitted to the Administrator for approval.''. SEC. 106. 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. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after paragraph (11) the following: ``(12) Risk assessment, management and communication.-- [[Page H6728]] ``(A) Use of science in decisionmaking.--In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use-- ``(i) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(ii) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data). ``(B) Public information.--In carrying out this section, the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative and understandable. The Administrator shall, in a document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable-- ``(i) each population addressed by any estimate of public health effects; ``(ii) the expected risk or central estimate of risk for the specific populations; ``(iii) each appropriate upper-bound or lower-bound estimate of risk; ``(iv) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving the uncertainty; and ``(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data. ``(C) Health risk reduction and cost analysis.-- ``(i) Maximum contaminant levels.--When proposing any national primary drinking water regulation that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on, and use for the purposes of paragraphs (4), (5), and (6) an analysis of: ``(I) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur as the result of treatment to comply with each level. ``(II) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(III) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the maximum contaminant level, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered. ``(V) The effects of the contaminant on the general population and on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population. ``(VI) Any increased health risk that may occur as the result of compliance, including risks associated with co- occurring contaminants. ``(VII) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (I) through (VI), and factors with respect to the degree and nature of the risk. ``(ii) Treatment techniques.--When proposing a national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as the result of compliance with the treatment technique and alternative treatment techniques that are being considered, taking into account, as appropriate, the factors described in clause (i). ``(iii) Approaches to measure and value benefits.--The Administrator may identify valid approaches for the measurement and valuation of benefits under this subparagraph, including approaches to identify consumer willingness to pay for reductions in health risks from drinking water contaminants. ``(iv) Authorization.--There are authorized to be appropriated to the Administrator, acting through the Office of Ground Water and Drinking Water, to conduct studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000 for each of fiscal years 1996 through 2003.''. SEC. 108. RADON, ARSENIC, AND SULFATE. Section 1412(b) is amended by inserting after paragraph (12) the following: ``(13) Certain contaminants.-- ``(A) Radon.--Any proposal published by the Administrator before the enactment of the Safe Drinking Water Act Amendments of 1996 to establish a national primary drinking water standard for radon shall be withdrawn by the Administrator. Notwithstanding any provision of any law enacted prior to the enactment of the Safe Drinking Water Act Amendments of 1996, within 3 years of such date of enactment, the Administrator shall propose and promulgate a national primary drinking water regulation for radon under this section, as amended by the Safe Drinking Water Act Amendments of 1996. In undertaking any risk analysis and benefit cost analysis in connection with the promulgation of such standard, the Administrator shall take into account the costs and benefits of control programs for radon from other sources. ``(B) Arsenic.--(i) 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) 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) In carrying out the study plan, the Administrator may enter into cooperative agreements with other Federal agencies, State and local governments, and other interested public and private entities. ``(iv) The Administrator shall propose a national primary drinking water regulation for arsenic not later than January 1, 2000. ``(v) 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) There are authorized to be appropriated $2,000,000 for each of fiscal years 1997 through 2001 for the studies required by this paragraph. ``(C) 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. ``(ii) Proposed and final rule.--Notwithstanding the deadlines set forth in paragraph (1), 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.''. SEC. 109. URGENT THREATS TO PUBLIC HEALTH. Section 1412(b) is amended by inserting the following after paragraph (13): ``(14) 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 (12)(C) to address an urgent threat to public health as determined by the Administrator after consultation with and written response to any comments provided by the Secretary of Health and Human Services, acting through the director of the Centers for Disease Control and Prevention or the director of the National Institutes of Health. A determination for any contaminant in accordance with paragraph (4)(C) subject to an interim regulation under this subparagraph shall be issued, and a completed analysis meeting the requirements of paragraph (12)(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.''. SEC. 110. RECYCLING OF FILTER BACKWASH. Section 1412(b) is amended by adding the following new paragraph after paragraph (14): ``(15) 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 the 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.''. [[Page H6729]] SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS. (a) List of 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) The Administrator shall include in the list any technology, treatment technique, or other means that is affordable 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. If the American National Standards Institute has issued product standards applicable to a specific type of point-of-entry or point-of-use treatment unit, individual units of that type shall not be accepted for compliance with a maximum contaminant level or treatment technique requirement unless they are independently certified in accordance with such standards. ``(iii) Except as provided in clause (v), not later than 2 years after the date of the 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 the enactment of this paragraph. ``(iv) 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) Within one year after the enactment of this clause, the Administrator shall list technologies that meet the surface water treatment rules for each category of public water systems described in subclauses (I), (II), and (III) of clause (ii).''. (b) Availability of Information on Small System Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by adding 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 assistance 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).''. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems SEC. 121. 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) is amended by inserting after ``emergency circumstances'' the following: ``including earthquakes, floods, hurricanes, and other natural disasters, as appropriate''. Subtitle C--Notification and Enforcement SEC. 131. PUBLIC NOTIFICATION. Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as follows: ``(c) Notice to Persons Served.-- ``(1) In general.--Each owner or operator of a public water system shall give notice of each of the following to the persons served by the system: ``(A) Notice of any failure on the part of the public water system to-- ``(i) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation; or ``(ii) perform monitoring required by section 1445(a). ``(B) If the public water system is subject to a variance granted under subsection (a)(1)(A), (a)(2), or (e) of section 1415 for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 1416, notice of-- ``(i) the existence of the variance or exemption; and ``(ii) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption. ``(C) Notice of the concentration level of any unregulated contaminant for which the Administrator has required public notice pursuant to paragraph (2)(E). ``(2) Form, manner, and frequency of notice.-- ``(A) In general.--The Administrator shall, by regulation, and after consultation with the States, prescribe the manner, frequency, form, and content for giving notice under this subsection. The regulations shall-- ``(i) provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent; and ``(ii) take into account the seriousness of any potential adverse health effects that may be involved. ``(B) State requirements.-- ``(i) In general.--A State may, by rule, establish alternative notification requirements-- ``(I) with respect to the form and content of notice given under and in a manner in accordance with subparagraph (C); and ``(II) with respect to the form and content of notice given under subparagraph (D). ``(ii) Contents.--The alternative requirements shall provide the same type and amount of information as required pursuant to this subsection and regulations issued under subparagraph (A). ``(iii) Relationship to section 1413.--Nothing in this subparagraph shall be construed or applied to modify the requirements of section 1413. ``(C) Violations with potential to have serious adverse effects on human health.--Regulations issued under subparagraph (A) shall specify notification procedures for each violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. Each notice of violation provided under this subparagraph shall-- ``(i) be distributed as soon as practicable after the occurrence of the violation, but not later than 24 hours after the occurrence of the violation; ``(ii) provide a clear and readily understandable explanation of-- ``(I) the violation; ``(II) the potential adverse effects on human health; ``(III) the steps that the public water system is taking to correct the violation; and ``(IV) the necessity of seeking alternative water supplies until the violation is corrected; ``(iii) be provided to the Administrator or the head of the State agency that has primary enforcement responsibility under section 1413 as soon as practicable, but not later than 24 hours after the occurrence of the violation; and ``(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis after the consultation referred to in clause (iii), considering the health risks involved-- ``(I) be provided to appropriate broadcast media; ``(II) be prominently published in a newspaper of general circulation serving the area not later than 1 day after distribution of a notice pursuant to clause (i) or the date of publication of the next issue of the newspaper; or ``(III) be provided by posting or door-to-door notification in lieu of notification by means of broadcast media or newspaper. ``(D) Written notice.-- ``(i) In general.--Regulations issued under subparagraph (A) shall specify notification procedures for violations other than the violations covered by subparagraph (C). The procedures shall specify that a public water system shall provide written notice to each person served by the system by notice (I) in the first bill (if any) prepared after the date of occurrence of the violation, (II) in an annual report issued not later than 1 year after the date of occurrence of the violation, or (III) by mail or direct delivery as soon as practicable, but not later than 1 year after the date of occurrence of the violation. ``(ii) Form and manner of notice.--The Administrator shall prescribe the form and manner of the notice to provide a clear and [[Page H6730]] readily understandable explanation of the violation, any potential adverse health effects, and the steps that the system is taking to seek alternative water supplies, if any, until the violation is corrected. ``(E) Unregulated contaminants.--The Administrator may require the owner or operator of a public water system to give notice to the persons served by the system of the concentration levels of an unregulated contaminant required to be monitored under section 1445(a). ``(3) Reports.-- ``(A) Annual report by state.-- ``(i) In general.--Not later than January 1, 1998, and annually thereafter, each State that has primary enforcement responsibility under section 1413 shall prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations by public water systems in the State, including violations with respect to (I) maximum contaminant levels, (II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to be significant by the Administrator after consultation with the States. ``(ii) Distribution.--The State shall publish and distribute summaries of the report and indicate where the full report is available for review. ``(B) Annual report by administrator.--Not later than July 1, 1998, and annually thereafter, the Administrator shall prepare and make available to the public an annual report summarizing and evaluating reports submitted by States pursuant to subparagraph (A) and notices submitted by public water systems serving Indian Tribes provided to the Administrator pursuant to subparagraph (C) or (D) of paragraph (2) and making recommendations concerning the resources needed to improve compliance with this title. The report shall include information about public water system compliance on Indian reservations and about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning the resources needed to improve compliance with this title on Indian reservations. ``(4) Consumer confidence reports by community water systems.-- ``(A) Annual reports to consumers.--The Administrator, in consultation with public water systems, environmental groups, public interest groups, risk communication experts, and the States, and other interested parties, shall issue regulations within 24 months after the date of the 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 (hereinafter in this paragraph referred to as a `consumer confidence report'). Such regulations shall provide a brief and plainly worded definition of the terms `maximum contaminant level goal' and `maximum contaminant level' and brief statements in plain language regarding the health concerns that resulted in regulation of each regulated contaminant. The regulations shall also provide for an Environmental Protection Agency toll-free hot-line 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' and `maximum contaminant level', as provided in the regulations of the Administrator. ``(iii) If any regulated contaminant is detected in the water purveyed by the public water system, a statement setting forth (I) the maximum contaminant level goal, (II) the maximum contaminant level, (III) the level of such contaminant in such water system, and (IV) for any regulated contaminant for which there has been a violation of the maximum contaminant level during the year concerned, the brief statement in plain language regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A). ``(iv) Information on compliance with national primary drinking water regulations. ``(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 more information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency hot line. A public water system may include such additional information as it deems appropriate for public education. The Administrator may, for not more than 3 regulated contaminants other than those referred to in subclause (IV) of clause (iii), require a consumer confidence report under this paragraph to include the brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant or contaminants concerned, as provided by the Administrator in regulations under subparagraph (A). ``(C) Coverage.--The Governor of a State may determine not to apply the mailing requirement of subparagraph (A) to a community water system serving fewer than 10,000 persons. Any such system shall-- ``(i) inform its customers that the system will not be complying with subparagraph (A), ``(ii) make information available upon request to the public regarding the quality of the water supplied by such system, and ``(iii) publish the report referred to in subparagraph (A) annually in one or more local newspapers serving the area in which customers of the system are located. ``(D) Alternative 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.''. SEC. 132. ENFORCEMENT. (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as follows: (1) In subsection (a): (A) In paragraph (1)(A)(i), by striking ``any national primary drinking water regulation in effect under section 1412'' and inserting ``any applicable requirement'', and by striking ``with such regulation or requirement'' in the matter following clause (ii) and inserting ``with the requirement''. (B) In paragraph (1)(B), by striking ``regulation or'' and inserting ``applicable''. (C) By amending paragraph (2) to read as follows: ``(2) Enforcement in nonprimacy states.-- ``(A) In general.--If, on the basis of information available to the Administrator, the Administrator finds, with respect to a period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State-- ``(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any applicable requirement; or ``(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant to the variance or exemption; the Administrator shall issue an order under subsection (g) requiring the public water system to comply with the requirement, or commence a civil action under subsection (b). ``(B) Notice.--If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the time that the action is taken.''. (2) In subsection (b), in the first sentence, 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), by striking ``effect until after notice and opportunity for public hearing and,'' and inserting ``effect,'', and by striking ``proposed order'' and inserting ``order'', in the first sentence and in the second sentence, by striking ``proposed to be''. (C) In paragraph (3), 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.''. (D) In paragraph (3)(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 subsections: ``(h) Relief.-- ``(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; [[Page H6731]] ``(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 as follows: (1) In paragraph (4), by striking ``and'' at the end thereof. (2) In paragraph (5), by striking the period at the end and inserting ``; and''. (3) By adding at the end the following: ``(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount-- ``(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and ``(B) in the case of any other system, that is adequate to ensure compliance (as determined by the State); except that a State may establish a maximum limitation on the total amount of administrative penalties that may be imposed on a public water system per violation.''. SEC. 133. JUDICIAL REVIEW Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows: (1) In paragraph (2), in the first sentence, by inserting ``final'' after ``any other''. (2) In the matter after and below paragraph (2): (A) By striking ``or issuance of the order'' and inserting ``or any other final Agency action''. (B) 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.''. Subtitle D--Exemptions and Variances SEC. 141. EXEMPTIONS. (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is amended by adding the following at the end thereof: ``(h) Small Systems.--(1) For public water systems serving fewer than 3,300 persons, the maximum exemption period shall be 4 years if the State is exercising primary enforcement responsibility for public water systems and determines that-- ``(A) the public water system cannot meet the maximum contaminant level or install Best Available Affordable Technology (`BAAT') due in either case to compelling economic circumstances (taking into consideration the availability of financial assistance under section 1452, relating to State Revolving Funds) or other compelling circumstances; ``(B) the public water system could not comply with the maximum contaminant level through the use of alternate water supplies; ``(C) the granting of the exemption will provide a drinking water supply that protects public health given the duration of exemption; and ``(D) the State has met the requirements of paragraph (2). ``(2)(A) Before issuing an exemption under this section or an extension thereof for a small public water system described in paragraph (1), the State shall-- ``(i) examine the public water system's technical, financial, and managerial capability (taking into consideration any available financial assistance) to operate in and maintain compliance with this title, and ``(ii) determine if management or restructuring changes (or both) can reasonably be made that will result in compliance with this title or, if compliance cannot be achieved, improve the quality of the drinking water. ``(B) Management changes referred to in subparagraph (A) may include rate increases, accounting changes, the hiring of consultants, the appointment of a technician with expertise in operating such systems, contractual arrangements for a more efficient and capable system for joint operation, or other reasonable strategies to improve capacity. ``(C) Restructuring changes referred to in subparagraph (A) may include ownership change, physical consolidation with another system, or other measures to otherwise improve customer base and gain economies of scale. ``(D) If the State determines that management or restructuring changes referred to in subparagraph (A) can reasonably be made, it shall require such changes and a schedule therefore as a condition of th

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SAFE DRINKING WATER ACT AMENDMENTS OF 1996
(House of Representatives - June 25, 1996)

Text of this article available as: TXT PDF [Pages H6725-H6762] SAFE DRINKING WATER ACT AMENDMENTS OF 1996 Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3604) to amend title XIV of the Public Health Service Act-- the ``Safe Drinking Water Act''--and for other purposes, as amended. The Clerk read as follows: H.R. 3604 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Drinking Water Act Amendments of 1996''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. References; effective date; disclaimer. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations Sec. 101. Selection of additional contaminants. Sec. 102. Disinfectants and disinfection byproducts. Sec. 103. Limited alternative to filtration. Sec. 104. Standard-setting. Sec. 105. Ground water disinfection. Sec. 106. Effective date for regulations. Sec. 107. Risk assessment, management, and communication. Sec. 108. Radon, arsenic, and sulfate. Sec. 109. Urgent threats to public health. Sec. 110. Recycling of filter backwash. Sec. 111. Treatment technologies for small systems. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems Sec. 121. State primacy. Subtitle C--Notification and Enforcement Sec. 131. Public notification. [[Page H6726]] Sec. 132. Enforcement. Sec. 133. Judicial review Subtitle D--Exemptions and Variances Sec. 141. Exemptions. Sec. 142. Variances. Subtitle E--Lead Plumbing and Pipes Sec. 151. Lead plumbing and pipes. Subtitle F--Capacity Development Sec. 161. Capacity development. TITLE II--AMENDMENTS TO PART C Sec. 201. Source water quality assessment. Sec. 202. Federal facilities. TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT Sec. 301. Operator certification. Sec. 302. Technical assistance. Sec. 303. Public water system supervision program. Sec. 304. Monitoring and information gathering. Sec. 305. Occurrence data base. Sec. 306. Citizens suits. Sec. 307. Whistle blower. Sec. 308. State revolving funds. Sec. 309. Water conservation plan. TITLE IV--MISCELLANEOUS Sec. 401. Definitions. Sec. 402. Authorization of appropriations. Sec. 403. New York City watershed protection program. Sec. 404. Estrogenic substances screening program. Sec. 405. Reports on programs administered directly by Environmental Protection Agency. Sec. 406. Return flows. Sec. 407. Emergency powers. Sec. 408. Waterborne disease occurrence study. Sec. 409. Drinking water studies. Sec. 410. Bottled drinking water standards. Sec. 411. Clerical amendments. TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS Sec. 501. General program. Sec. 502. New York City Watershed, New York. Sec. 503. Rural and Native villages, Alaska. Sec. 504. Acquisition of lands. Sec. 505. Federal share. Sec. 506. Condition on authorizations of appropriations. Sec. 507. Definitions. TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION Sec. 601. Drinking water research authorization. Sec. 602. Scientific research review. 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) Effective Date.--Except as otherwise specified in this Act or in the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (c) Disclaimer.--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. TITLE I--PUBLIC WATER SYSTEMS Subtitle A--Promulgation of National Primary Drinking Water Regulations SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS. (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g- 1(b)(3)) is amended to read as follows: ``(3) Regulation of unregulated contaminants.-- ``(A) Listing of contaminants for consideration.--(i) Not later than 18 months after the date of the 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 clause (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 subparagraph shall not be subject to judicial review. ``(B) Determination to regulate.--(i) Not later than 5 years after the date of the enactment of the Safe Drinking Water Act Amendments of 1996, and every 5 years thereafter, the Administrator shall, by rule, for not fewer than 5 contaminants included on the list published under subparagraph (A), make determinations of whether or not to regulate such contaminants. ``(ii) A determination to regulate a contaminant shall be based on findings that-- ``(I) 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 a level of public health concern; and ``(II) regulation of such contaminant presents a meaningful opportunity for public health risk reduction for persons served by public water systems. Such findings shall be based on the best available public health information, including the occurrence data base established under section 1445(g). ``(iii) The Administrator may make a determination to regulate a contaminant that does not appear on a list under subparagraph (A) if the determination to regulate is made pursuant to clause (ii). ``(iv) A determination under this subparagraph not to regulate a contaminant shall be considered final agency action and subject to judicial review. ``(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) Regulation.--For each contaminant that the Administrator determines to regulate under subparagraph (B), the Administrator shall promulgate, by rule, maximum contaminant level goals and national primary drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level goal and national primary drinking water regulation 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 promulgate a maximum contaminant level goal and national primary drinking water regulation within 18 months after the proposal thereof. The Administrator, by notice in the Federal Register, may extend the deadline for such promulgation for up to 9 months. ``(E) 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.''. (b) Applicability of Prior Requirements.--The requirements of subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) as in effect before the 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) to such subparagraphs (C) and (D). SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS. Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at the end the following subparagraph: ``(F) Disinfectants and disinfection byproducts.-- ``(i) Information collection rule.--Not later than December 31, 1996, the Administrator shall, after notice and opportunity for public comment, promulgate an information collection rule to obtain information that will facilitate further revisions to the national primary drinking water regulation for disinfectants and disinfection byproducts, including information on microbial contaminants such as cryptosporidium. The Administrator may extend the December 31, 1996, deadline under this clause for up to 180 days if the Administrator determines that progress toward approval of an appropriate analytical method to screen for cryptosporidium is sufficiently advanced and approval is likely to be completed within the additional time period. ``(ii) Additional deadlines.--The time intervals between promulgation of a final information collection rule, an Interim Enhanced Surface Water Treatment Rule, a Final Enhanced Surface Water Treatment Rule, a Stage I Disinfectants and Disinfection Byproducts Rule, and a Stage II Disinfectants and Disinfection Byproducts Rule shall be in accordance with the schedule published in volume 59, Federal Register, page [[Page H6727]] 6361 (February 10, 1994), in table III.13 of the proposed Information Collection Rule. If a delay occurs with respect to the promulgation of any rule in the timetable established by this subparagraph, all subsequent rules shall be completed as expeditiously as practicable but no later than a revised date that reflects the interval or intervals for the rules in the timetable.''. SEC. 103. LIMITED ALTERNATIVE TO FILTRATION. Section 1412(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 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 paragraph (8)).''. 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) 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 (12)(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) Each national''. (5) In paragraph (4)(E)(i) (as so designated), by striking ``this paragraph'' and inserting ``this subsection''. (6) By inserting after paragraph (4) (as so amended) the following: ``(5) Additional health risk considerations.-- ``(A) In general.--Notwithstanding paragraph (4), the Administrator may establish a maximum contaminant level for a contaminant at a level other than the feasible level, if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by-- ``(i) increasing the concentration of other contaminants in drinking water; or ``(ii) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other national primary drinking water regulations. ``(B) Establishment of level.--If the Administrator establishes a maximum contaminant level or levels or requires the use of treatment techniques for any contaminant or contaminants pursuant to the authority of this paragraph-- ``(i) the level or levels or treatment techniques shall minimize the overall risk of adverse health effects by balancing the risk from the contaminant and the risk from other contaminants the concentrations of which may be affected by the use of a treatment technique or process that would be employed to attain the maximum contaminant level or levels; and ``(ii) the combination of technology, treatment techniques, or other means required to meet the level or levels shall not be more stringent than is feasible (as defined in paragraph (4)(D)). ``(6) Additional health risk reduction and cost considerations.-- ``(A) In general.--Notwithstanding paragraph (4), if the Administrator determines based on an analysis conducted under paragraph (12)(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 assistance program); would justify the costs to the systems of complying with the regulation. This subparagraph shall not apply if the contaminant is found almost exclusively in small systems (as defined in section 1415(e), relating to small system assistance program). ``(C) Disinfectants and disinfection byproducts.--The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a Stage I or Stage II national primary drinking water regulation for contaminants that are disinfectants or disinfection byproducts (as described in paragraph (3)(F)), or to establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The authority of this paragraph may be used to establish regulations for the use of disinfection by systems relying on ground water sources as required by paragraph (8). ``(D) Judicial review.--A determination by the Administrator that the benefits of a maximum contaminant level or treatment requirement justify or do not justify the costs of complying with the level shall be reviewed by the court pursuant to section 1448 only as part of a review of a final national primary drinking water regulation that has been promulgated based on the determination and shall not be set aside by the court under that section unless the court finds that the determination is arbitrary and capricious.''. (b) Disinfectants and Disinfection Byproducts.--The Administrator of the Environmental Protection Agency may use the authority of section 1412(b)(5) of the Public Health Service Act (as amended by this Act) to promulgate the Stage I and Stage II rules for disinfectants and disinfection byproducts 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 Disinfection 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)) 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. GROUND WATER DISINFECTION. Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking the first sentence and inserting the following: ``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 (3)(F)(ii)), 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. A State that has primary enforcement authority shall develop a plan through which ground water disinfection determinations are made. The plan shall be based on the Administrator's criteria and shall be submitted to the Administrator for approval.''. SEC. 106. 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. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after paragraph (11) the following: ``(12) Risk assessment, management and communication.-- [[Page H6728]] ``(A) Use of science in decisionmaking.--In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use-- ``(i) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(ii) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data). ``(B) Public information.--In carrying out this section, the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative and understandable. The Administrator shall, in a document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable-- ``(i) each population addressed by any estimate of public health effects; ``(ii) the expected risk or central estimate of risk for the specific populations; ``(iii) each appropriate upper-bound or lower-bound estimate of risk; ``(iv) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving the uncertainty; and ``(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data. ``(C) Health risk reduction and cost analysis.-- ``(i) Maximum contaminant levels.--When proposing any national primary drinking water regulation that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on, and use for the purposes of paragraphs (4), (5), and (6) an analysis of: ``(I) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur as the result of treatment to comply with each level. ``(II) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations. ``(III) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the maximum contaminant level, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations. ``(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered. ``(V) The effects of the contaminant on the general population and on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population. ``(VI) Any increased health risk that may occur as the result of compliance, including risks associated with co- occurring contaminants. ``(VII) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (I) through (VI), and factors with respect to the degree and nature of the risk. ``(ii) Treatment techniques.--When proposing a national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as the result of compliance with the treatment technique and alternative treatment techniques that are being considered, taking into account, as appropriate, the factors described in clause (i). ``(iii) Approaches to measure and value benefits.--The Administrator may identify valid approaches for the measurement and valuation of benefits under this subparagraph, including approaches to identify consumer willingness to pay for reductions in health risks from drinking water contaminants. ``(iv) Authorization.--There are authorized to be appropriated to the Administrator, acting through the Office of Ground Water and Drinking Water, to conduct studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000 for each of fiscal years 1996 through 2003.''. SEC. 108. RADON, ARSENIC, AND SULFATE. Section 1412(b) is amended by inserting after paragraph (12) the following: ``(13) Certain contaminants.-- ``(A) Radon.--Any proposal published by the Administrator before the enactment of the Safe Drinking Water Act Amendments of 1996 to establish a national primary drinking water standard for radon shall be withdrawn by the Administrator. Notwithstanding any provision of any law enacted prior to the enactment of the Safe Drinking Water Act Amendments of 1996, within 3 years of such date of enactment, the Administrator shall propose and promulgate a national primary drinking water regulation for radon under this section, as amended by the Safe Drinking Water Act Amendments of 1996. In undertaking any risk analysis and benefit cost analysis in connection with the promulgation of such standard, the Administrator shall take into account the costs and benefits of control programs for radon from other sources. ``(B) Arsenic.--(i) 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) 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) In carrying out the study plan, the Administrator may enter into cooperative agreements with other Federal agencies, State and local governments, and other interested public and private entities. ``(iv) The Administrator shall propose a national primary drinking water regulation for arsenic not later than January 1, 2000. ``(v) 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) There are authorized to be appropriated $2,000,000 for each of fiscal years 1997 through 2001 for the studies required by this paragraph. ``(C) 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. ``(ii) Proposed and final rule.--Notwithstanding the deadlines set forth in paragraph (1), 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.''. SEC. 109. URGENT THREATS TO PUBLIC HEALTH. Section 1412(b) is amended by inserting the following after paragraph (13): ``(14) 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 (12)(C) to address an urgent threat to public health as determined by the Administrator after consultation with and written response to any comments provided by the Secretary of Health and Human Services, acting through the director of the Centers for Disease Control and Prevention or the director of the National Institutes of Health. A determination for any contaminant in accordance with paragraph (4)(C) subject to an interim regulation under this subparagraph shall be issued, and a completed analysis meeting the requirements of paragraph (12)(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.''. SEC. 110. RECYCLING OF FILTER BACKWASH. Section 1412(b) is amended by adding the following new paragraph after paragraph (14): ``(15) 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 the 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.''. [[Page H6729]] SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS. (a) List of 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) The Administrator shall include in the list any technology, treatment technique, or other means that is affordable 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. If the American National Standards Institute has issued product standards applicable to a specific type of point-of-entry or point-of-use treatment unit, individual units of that type shall not be accepted for compliance with a maximum contaminant level or treatment technique requirement unless they are independently certified in accordance with such standards. ``(iii) Except as provided in clause (v), not later than 2 years after the date of the 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 the enactment of this paragraph. ``(iv) 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) Within one year after the enactment of this clause, the Administrator shall list technologies that meet the surface water treatment rules for each category of public water systems described in subclauses (I), (II), and (III) of clause (ii).''. (b) Availability of Information on Small System Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by adding 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 assistance 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).''. Subtitle B--State Primary Enforcement Responsibility for Public Water Systems SEC. 121. 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) is amended by inserting after ``emergency circumstances'' the following: ``including earthquakes, floods, hurricanes, and other natural disasters, as appropriate''. Subtitle C--Notification and Enforcement SEC. 131. PUBLIC NOTIFICATION. Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as follows: ``(c) Notice to Persons Served.-- ``(1) In general.--Each owner or operator of a public water system shall give notice of each of the following to the persons served by the system: ``(A) Notice of any failure on the part of the public water system to-- ``(i) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation; or ``(ii) perform monitoring required by section 1445(a). ``(B) If the public water system is subject to a variance granted under subsection (a)(1)(A), (a)(2), or (e) of section 1415 for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 1416, notice of-- ``(i) the existence of the variance or exemption; and ``(ii) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption. ``(C) Notice of the concentration level of any unregulated contaminant for which the Administrator has required public notice pursuant to paragraph (2)(E). ``(2) Form, manner, and frequency of notice.-- ``(A) In general.--The Administrator shall, by regulation, and after consultation with the States, prescribe the manner, frequency, form, and content for giving notice under this subsection. The regulations shall-- ``(i) provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent; and ``(ii) take into account the seriousness of any potential adverse health effects that may be involved. ``(B) State requirements.-- ``(i) In general.--A State may, by rule, establish alternative notification requirements-- ``(I) with respect to the form and content of notice given under and in a manner in accordance with subparagraph (C); and ``(II) with respect to the form and content of notice given under subparagraph (D). ``(ii) Contents.--The alternative requirements shall provide the same type and amount of information as required pursuant to this subsection and regulations issued under subparagraph (A). ``(iii) Relationship to section 1413.--Nothing in this subparagraph shall be construed or applied to modify the requirements of section 1413. ``(C) Violations with potential to have serious adverse effects on human health.--Regulations issued under subparagraph (A) shall specify notification procedures for each violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. Each notice of violation provided under this subparagraph shall-- ``(i) be distributed as soon as practicable after the occurrence of the violation, but not later than 24 hours after the occurrence of the violation; ``(ii) provide a clear and readily understandable explanation of-- ``(I) the violation; ``(II) the potential adverse effects on human health; ``(III) the steps that the public water system is taking to correct the violation; and ``(IV) the necessity of seeking alternative water supplies until the violation is corrected; ``(iii) be provided to the Administrator or the head of the State agency that has primary enforcement responsibility under section 1413 as soon as practicable, but not later than 24 hours after the occurrence of the violation; and ``(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis after the consultation referred to in clause (iii), considering the health risks involved-- ``(I) be provided to appropriate broadcast media; ``(II) be prominently published in a newspaper of general circulation serving the area not later than 1 day after distribution of a notice pursuant to clause (i) or the date of publication of the next issue of the newspaper; or ``(III) be provided by posting or door-to-door notification in lieu of notification by means of broadcast media or newspaper. ``(D) Written notice.-- ``(i) In general.--Regulations issued under subparagraph (A) shall specify notification procedures for violations other than the violations covered by subparagraph (C). The procedures shall specify that a public water system shall provide written notice to each person served by the system by notice (I) in the first bill (if any) prepared after the date of occurrence of the violation, (II) in an annual report issued not later than 1 year after the date of occurrence of the violation, or (III) by mail or direct delivery as soon as practicable, but not later than 1 year after the date of occurrence of the violation. ``(ii) Form and manner of notice.--The Administrator shall prescribe the form and manner of the notice to provide a clear and [[Page H6730]] readily understandable explanation of the violation, any potential adverse health effects, and the steps that the system is taking to seek alternative water supplies, if any, until the violation is corrected. ``(E) Unregulated contaminants.--The Administrator may require the owner or operator of a public water system to give notice to the persons served by the system of the concentration levels of an unregulated contaminant required to be monitored under section 1445(a). ``(3) Reports.-- ``(A) Annual report by state.-- ``(i) In general.--Not later than January 1, 1998, and annually thereafter, each State that has primary enforcement responsibility under section 1413 shall prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations by public water systems in the State, including violations with respect to (I) maximum contaminant levels, (II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to be significant by the Administrator after consultation with the States. ``(ii) Distribution.--The State shall publish and distribute summaries of the report and indicate where the full report is available for review. ``(B) Annual report by administrator.--Not later than July 1, 1998, and annually thereafter, the Administrator shall prepare and make available to the public an annual report summarizing and evaluating reports submitted by States pursuant to subparagraph (A) and notices submitted by public water systems serving Indian Tribes provided to the Administrator pursuant to subparagraph (C) or (D) of paragraph (2) and making recommendations concerning the resources needed to improve compliance with this title. The report shall include information about public water system compliance on Indian reservations and about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning the resources needed to improve compliance with this title on Indian reservations. ``(4) Consumer confidence reports by community water systems.-- ``(A) Annual reports to consumers.--The Administrator, in consultation with public water systems, environmental groups, public interest groups, risk communication experts, and the States, and other interested parties, shall issue regulations within 24 months after the date of the 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 (hereinafter in this paragraph referred to as a `consumer confidence report'). Such regulations shall provide a brief and plainly worded definition of the terms `maximum contaminant level goal' and `maximum contaminant level' and brief statements in plain language regarding the health concerns that resulted in regulation of each regulated contaminant. The regulations shall also provide for an Environmental Protection Agency toll-free hot-line 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' and `maximum contaminant level', as provided in the regulations of the Administrator. ``(iii) If any regulated contaminant is detected in the water purveyed by the public water system, a statement setting forth (I) the maximum contaminant level goal, (II) the maximum contaminant level, (III) the level of such contaminant in such water system, and (IV) for any regulated contaminant for which there has been a violation of the maximum contaminant level during the year concerned, the brief statement in plain language regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A). ``(iv) Information on compliance with national primary drinking water regulations. ``(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 more information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency hot line. A public water system may include such additional information as it deems appropriate for public education. The Administrator may, for not more than 3 regulated contaminants other than those referred to in subclause (IV) of clause (iii), require a consumer confidence report under this paragraph to include the brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant or contaminants concerned, as provided by the Administrator in regulations under subparagraph (A). ``(C) Coverage.--The Governor of a State may determine not to apply the mailing requirement of subparagraph (A) to a community water system serving fewer than 10,000 persons. Any such system shall-- ``(i) inform its customers that the system will not be complying with subparagraph (A), ``(ii) make information available upon request to the public regarding the quality of the water supplied by such system, and ``(iii) publish the report referred to in subparagraph (A) annually in one or more local newspapers serving the area in which customers of the system are located. ``(D) Alternative 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.''. SEC. 132. ENFORCEMENT. (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as follows: (1) In subsection (a): (A) In paragraph (1)(A)(i), by striking ``any national primary drinking water regulation in effect under section 1412'' and inserting ``any applicable requirement'', and by striking ``with such regulation or requirement'' in the matter following clause (ii) and inserting ``with the requirement''. (B) In paragraph (1)(B), by striking ``regulation or'' and inserting ``applicable''. (C) By amending paragraph (2) to read as follows: ``(2) Enforcement in nonprimacy states.-- ``(A) In general.--If, on the basis of information available to the Administrator, the Administrator finds, with respect to a period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State-- ``(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any applicable requirement; or ``(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant to the variance or exemption; the Administrator shall issue an order under subsection (g) requiring the public water system to comply with the requirement, or commence a civil action under subsection (b). ``(B) Notice.--If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the time that the action is taken.''. (2) In subsection (b), in the first sentence, 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), by striking ``effect until after notice and opportunity for public hearing and,'' and inserting ``effect,'', and by striking ``proposed order'' and inserting ``order'', in the first sentence and in the second sentence, by striking ``proposed to be''. (C) In paragraph (3), 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.''. (D) In paragraph (3)(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 subsections: ``(h) Relief.-- ``(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; [[Page H6731]] ``(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 as follows: (1) In paragraph (4), by striking ``and'' at the end thereof. (2) In paragraph (5), by striking the period at the end and inserting ``; and''. (3) By adding at the end the following: ``(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount-- ``(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and ``(B) in the case of any other system, that is adequate to ensure compliance (as determined by the State); except that a State may establish a maximum limitation on the total amount of administrative penalties that may be imposed on a public water system per violation.''. SEC. 133. JUDICIAL REVIEW Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows: (1) In paragraph (2), in the first sentence, by inserting ``final'' after ``any other''. (2) In the matter after and below paragraph (2): (A) By striking ``or issuance of the order'' and inserting ``or any other final Agency action''. (B) 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.''. Subtitle D--Exemptions and Variances SEC. 141. EXEMPTIONS. (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is amended by adding the following at the end thereof: ``(h) Small Systems.--(1) For public water systems serving fewer than 3,300 persons, the maximum exemption period shall be 4 years if the State is exercising primary enforcement responsibility for public water systems and determines that-- ``(A) the public water system cannot meet the maximum contaminant level or install Best Available Affordable Technology (`BAAT') due in either case to compelling economic circumstances (taking into consideration the availability of financial assistance under section 1452, relating to State Revolving Funds) or other compelling circumstances; ``(B) the public water system could not comply with the maximum contaminant level through the use of alternate water supplies; ``(C) the granting of the exemption will provide a drinking water supply that protects public health given the duration of exemption; and ``(D) the State has met the requirements of paragraph (2). ``(2)(A) Before issuing an exemption under this section or an extension thereof for a small public water system described in paragraph (1), the State shall-- ``(i) examine the public water system's technical, financial, and managerial capability (taking into consideration any available financial assistance) to operate in and maintain compliance with this title, and ``(ii) determine if management or restructuring changes (or both) can reasonably be made that will result in compliance with this title or, if compliance cannot be achieved, improve the quality of the drinking water. ``(B) Management changes referred to in subparagraph (A) may include rate increases, accounting changes, the hiring of consultants, the appointment of a technician with expertise in operating such systems, contractual arrangements for a more efficient and capable system for joint operation, or other reasonable strategies to improve capacity. ``(C) Restructuring changes referred to in subparagraph (A) may include ownership change, physical consolidation with another system, or other measures to otherwise improve customer base and gain economies of scale. ``(D) If the State determines that management or restructuring changes referred to in subparagraph (A) can reasonably be made, it shall require such changes and a schedule therefore as a condi