[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3392 Reported in House (RH)]
Union Calendar No. 412
103d CONGRESS
2d Session
H. R. 3392
[Report No. 103-745, Part I]
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to assure the safety of public
water systems.
_______________________________________________________________________
September 26, 1994
Committees on Science, Space, and Technology and the Judiciary
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Union Calendar No. 412
103d CONGRESS
2d Session
H. R. 3392
[Report No. 103-745, Part I]
To amend the Safe Drinking Water Act to assure the safety of public
water systems.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 1993
Mr. Slattery (for himself, Mr. Bliley, Mr. Rowland, Mr. Hall of Texas,
Mr. Cooper, Mr. Paxon, Mr. Upton, Mr. Lehman, Mr. Tauzin, Mr. Pomeroy,
Mr. Bereuter, Mr. Canady, Mr. Williams, Mr. Frank of Massachusetts, Mr.
Barrett of Nebraska, Mr. Barlow, Mr. McHugh, Mr. Swett, Mrs.
Vucanovich, Mr. Jefferson, Mr. Hunter, Mr. Grandy, and Mr. Walsh)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
January 26, 1994
Additional sponsors: Mr. Smith of Iowa, Mr. Yates, Mr. Hoekstra, Mr.
Hall of Ohio, Mr. Ford of Tennessee, Mrs. Fowler, Mr. Pickett, Mr.
Lancaster, Mr. Peterson of Minnesota, Mr. Hansen, Mr. Combest, Mr.
Clement, Mr. Ewing, Mr. Richardson, Mr. Romero-Barcelo, Mr. Bishop, Mr.
Emerson, Mr. Darden, Mr. Montgomery, Mr. Camp, Mr. Gillmor, Ms. Danner,
Mr. Parker, Mr. Blute, Mr. Ballenger, Mr. Volkmer, Mr. Lightfoot, Mr.
Nussle, Mr. Condit, Mr. Kyl, Mr. McCurdy, Mr. Stearns, Mr. Sarpalius,
Mr. Johnson of Georgia, Mr. Coleman, Mr. Stenholm, Mr. Thomas of
Wyoming, Mr. Pete Geren of Texas, Mr. Taylor of Mississippi, Mr. Skeen,
Mr. Bartlett of Maryland, Mr. Doolittle, Mr. Stump, Mr. Kim, Mr. Cox,
Mr. Dreier, Mr. Young of Alaska, Mr. McCollum, Mr. Hutto, Mr. Minge,
Mr. Smith of Texas, Mr. Laughlin, Mr. Wilson, Mr. Regula, Mr. Solomon,
Mr. Everett, Mr. Spence, Mr. LaRocco, Mr. Petri, Mr. Poshard, Mr. Lewis
of California, Mr. Levy, Mr. Smith of Michigan, Mr. Allard, Mr. Duncan,
Mr. Mica, Mr. Coble, Mr. McInnis, and Mr. Sisisky
September 23, 1994
Reported with an amendment; referred to the following committees for a
period ending not later than September 26, 1994: to the Committee on
Science, Space, and Technology for consideration of such provisions
contained in the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(r), rule X; and to the Committee on
the Judiciary for consideration of such portions of sections 15 and 17
of the amendment recommended by the Committee on Energy and Commerce as
fall within the jurisdiction of that committee pursuant to clause 1(1),
rule X.
[Strike out all after the enacting clause and insert the part printed
in italic]
September 26, 1994
Additional sponsors: Mr. Hastert, Mr. Bunning, Mr. Edwards of Texas,
Mr. Andrews of New Jersey, Mr. Barton of Texas, Mr. Dooley, Mr.
Kopetski, Mr. Baker of California, Mr. Inhofe, Mr. Leach, Mr. Goodling,
Mr. Manzullo, Mr. Calvert, Mr. Zeliff, Mr. McKeon, Mr. Gordon, Mr.
Oxley, Ms. Long, Mr. Roth, Mr. Collins of Georgia, Mr. Tejeda, Mr.
Kreidler, Mr. Knollenberg, Mr. Penny, Mr. Kingston, Mr. Peterson of
Florida, Mr. Quinn, Mr. Burton of Indiana, Mr. Swift, Mr. Clyburn, Mr.
Spratt, Mr. Brewster, Mr. Deal, Ms. Pryce of Ohio, Mr. Ackerman, Mr.
Ramstad, Mr. Sensenbrenner, Mr. Mazzoli, Mr. Wolf, Mr. Ortiz, Mr.
Schiff, Mr. Cunningham, Mr. McCandless, Mr. Jacobs, Mr. Royce, Mr.
Inglis of South Carolina, Mr. Istook, Mr. Boehner, Mr. Rose, Mr. Orton,
Mr. Herger, Mr. Lewis of Florida, Mr. Dornan, Mr. Browder, Mrs.
Thurman, Mr. Dicks, Mr. Traficant, Mr. Gallegly, Mr. Dickey, Ms.
Kaptur, Mr. Rohrabacher, Mr. Hutchinson, Mr. Johnson of South Dakota,
Mr. Taylor of North Carolina, Mr. Thomas of California, Mr. Ravenel,
Mr. Talent, Mr. Archer, Mr. Crane, Mr. Crapo, Mr. Myers of Indiana, Mr.
Gene Green of Texas, Mr. Boucher, Mr. Baesler, Mr. McMillan, Mr.
Hobson, Mr. Gingrich, Mr. Kolbe, Mr. Bonilla, Mr. Horn, Mr. Rogers, Mr.
Sam Johnson of Texas, Mr. Sundquist, Mr. Bateman, Mr. Smith of Oregon,
Mr. Roberts, Mr. Goss, Mr. Armey, Mr. Whitten, Mr. Goodlatte, Mr.
Hamilton, Mr. Fields of Texas, Mr. Schaefer, Mr. Linder, Mr. McCrery,
Mr. Tanner, Mr. Valentine, Mr. Wise, Mr. Inslee, Mr. Lucas, Mr. Walker,
Mr. Clinger, Mr. Gekas, Mr. Borski, Mr. Grams, Mr. Hyde, Mrs. Clayton,
Mr. Gallo, and Ms. Snowe
September 26, 1994
Committees on Science, Space, and Technology and the Judiciary
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October
27, 1993]
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to assure the safety of public
water systems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drinking Water Act Amendments
of 1994''.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) Reference 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 a section or
other provision of title XIV of the Public Health Service Act (the Safe
Drinking Water Act) (42 U.S.C. 300f and following).
(b) Effective Date.--Except as otherwise specified in this Act or
in the amendments made by this Act, 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 (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 the Safe Drinking Water Act separately from
funding and staffing for the Federal Water Pollution Control Act.
SEC. 3. NATIONAL DRINKING WATER REGULATIONS.
(a) New Contaminant Selection.--Section 1412(b)(3) is amended to
read as follows:
``(3) Regulation of Unregulated Contaminants.--
``(A) Proposed lists.--(i) Within 1 year after the
enactment of the Safe Drinking Water Act Amendments of 1994,
the Administrator, after consultation with the scientific
community, including the Science Advisory Board, shall select
and publish a proposed list of not fewer than 15 contaminants
which are known or anticipated to occur in public water
systems, which are not subject to any proposed or promulgated
national primary drinking water regulation, and which may
require regulation under this title.
``(ii) Within 5 years after the enactment of the Safe
Drinking Water Act Amendments of 1994 and every 4 years
thereafter, the Administrator, after consultation with the
scientific community, including the Science Advisory Board, and
after considering the occurrence data base established under
section 1445(g), shall (in addition to the contaminants listed
under clause (i)) select and publish a proposed list of not
fewer than 12 contaminants which 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.
``(iii) If, after the year 2010, the Administrator
determines that the number of unregulated contaminants meeting
the criteria for the list under clause (ii) is fewer than 12,
the Administrator may, by rule, waive the requirement to select
at least 12 contaminants every 4 years under that clause. At
any time after such rule is promulgated, the Administrator may,
after consultation with the scientific community, including the
Science Advisory Board and after considering the occurrence
data base established under section 1445(g), select a proposed
list of 1 or more contaminants (in addition to the contaminants
listed under clause (i) or (ii)) which are known or anticipated
to occur in public water systems, which are not subject to any
proposed or promulgated national primary drinking water
regulation, and which may require regulation under this title.
``(iv) In selecting unregulated contaminants for the
proposed lists referred to in this paragraph, 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 pregnant woman and children) that are identifiable as
being at greater health risk than the general population, based
on adequate scientific information. The unregulated
contaminants considered for such proposed lists 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.
``(v) The Administrator's decision whether or not to select
an unregulated contaminant for a proposed list pursuant to this
paragraph shall not be subject to judicial review.
``(B) Final list.--Each proposed list established in
subparagraph (A) shall be subject to public comment for a
period of at least 60 days. Within 6 months after the close of
the public comment period, and not later than 1 year after the
proposed list is published, the Administrator shall publish in
the Federal Register the final list of contaminants meeting the
requirements of subparagraph (A), together with responses to
significant comments. Each final list shall include at least
the minimum number of contaminants specified in subparagraph
(A).
``(C) Determination to regulate.--At any time after the
final list of contaminants established under subparagraph (B)
is published, but not later than 30 months thereafter, the
Administrator shall determine, by rule, whether or not to
regulate each of the contaminants on such final list. The
Administrator, after notice in the Federal Register, may extend
the period for making such determination for any or all of the
contaminants on the list for up to 9 months. The Administrator
shall allow at least 90 days for public comment prior to making
a determination under this subparagraph. A determination to
regulate a contaminant shall be based on the following three
findings:
``(i) A finding that the contaminant is known to
occur in public water systems.
``(ii) A finding that, based on the best available
public health information, the contaminant occurs in
concentrations which have or may have any adverse
effect on the health of persons.
``(iii) A finding that regulation of such
contaminant presents a meaningful opportunity for
public health risk reduction for persons served by
public water systems.
The Administrator may regulate a contaminant that does not
appear on a list published under subparagraph (A) or (B) if the
determination to regulate is pursuant to this subparagraph.
``(D) Regulation.--For each contaminant under subparagraph
(C) that the Administrator determines shall be regulated, the
Administrator shall promulgate, by rule, maximum contaminant
level goals and national primary drinking water regulations as
provided in paragraphs (4) and (5) of this subsection. The
Administrator shall propose the maximum contaminant level goal
and national primary drinking water regulation not later than
18 months after the determination to regulate under
subparagraph (C), and may publish such proposed regulation
concurrent with the determination to regulate. The
Administrator shall allow at least 90 days for public comment
on any such proposed goal and proposed regulation. 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.--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.
``(F) Study of health effects.--As part of the
Administrator's study, under existing authorities of the
Administrator, of the health effects of contaminants for
regulatory purposes, the Administrator shall examine, among
other health related issues, methods for identifying
subpopulations that may be impacted by contaminants and the
extent and nature of such impacts, taking into consideration
other risks to such subpopulations. There are authorized to be
appropriated such sums as may be necessary for the
Administrator to examine the health effects of drinking water
contaminants for such regulatory purposes.
``(G) Cryptosporidium.--(i) Not later than December 31,
1996, the Administrator shall publish a maximum contaminant
level goal and promulgate an interim national primary drinking
water regulation for cryptosporidium for public water systems
serving 10,000 persons of more. Such regulation shall take
effect not later than 24 months after the date of promulgation.
``(ii) Not later than December 31, 1998, the Administrator
shall promulgate a national primary drinking water regulation
for cryptosporidium. Such regulation shall take effect, for
public water systems of all sizes, not later than 24 months
after the date of promulgation.
Each date for publication and promulgation specified in clause (i) and
(ii) may be delayed by up to 6 months if the Administrator determines
that such additional time is necessary to review information under the
Administrator's information collection rule.''.
(b) Limited Alternative to Filtration Requirements.--Section
1412(b)(7)(C) is amended by adding at the end the following:
``(v) As an additional alternative to the regulations promulgated
pursuant to clauses (i) and (iii), including the criteria for avoiding
filtration contained in 40 CFR 141.71, a State exercising primary
enforcement responsibility for public water systems may establish, on a
case-by-case basis and after notice and an opportunity of at least 90
days for public comment, alternatives to filtration requirements in
effect on such date of enactment, in the case of systems having
uninhabited, undeveloped watersheds in consolidated ownership, and
having control over access to, and activities in, those watersheds if
(taking into consideration the effects of wildlife in such watersheds)
the State determines (and the Administrator concurs) that the public
health will be fully protected by such alternatives consistent with the
requirements of this title. The authority of a State to establish
alternatives under this clause shall expire 3 years after the enactment
of the Safe Drinking Water Act Amendments of 1994.''.
(c) Compliance Dates.--Section 1412(b) is amended by striking the
first sentence in paragraph (10) and by adding the following at the end
thereof:
``(12) Within 24 months after the promulgation of a national
primary drinking water regulation under this subsection, each State
exercising primary enforcement responsibility for public water systems
shall adopt corresponding State regulations under section 1413(a)(1).
The Administrator shall specify the date upon which public water
systems must comply with each national primary drinking water
regulation promulgated under this subsection. Such compliance date may
not be more than 36 months after the date of promulgation, except that
if the Administrator determines that additional time is necessary for
capital improvements required to meet the national primary drinking
water regulations, the Administrator may establish a later compliance
date. Such later date shall not be later than 48 months after the date
of promulgation (or 60 months in the case of systems serving fewer than
3,300 persons). Each State with primary enforcement responsibility may
determine a public water system's eligibility for any extension beyond
36 months. Nothing in this paragraph shall limit the discretion of the
Administrator to differentiate among the compliance dates on the basis
of system size or other factors considered appropriate by the
Administrator, or to establish interim compliance milestones.''.
SEC. 4. STANDARD SETTING.
Section 1412 is amended as follows:
(1) The second sentence of subsection (b)(4) is amended by
inserting before the period the following: ``or a treatment
technique established pursuant to paragraph (7)(A) of this
subsection''.
(2) Subsection (b)(5) is amended as follows:
(A) In the first sentence, strike ``feasible''
after ``means'' and insert ``achievable''; and after
``technology'' strike ``, treatment techniques and''
and insert ``or''.
(B) Insert ``(A)'' after ``(5)'' and add the
following at the end thereof:
``(B) For purposes of taking costs into consideration pursuant to
the first sentence of subparagraph (A) of this paragraph, in the case
of any national primary drinking water regulation proposed and
promulgated after enactment of the Safe Drinking Water Act Amendments
of 1994 (other than a national primary drinking water regulation
covered by subparagraph (C) or (D)), the Administrator shall consider
(in the case of nonthreshold contaminants) and may consider (in the
case of threshold contaminants) both the incremental compliance costs
likely to be incurred and the incremental public health risk reduction
benefits afforded by alternative levels. The terms `costs' and
`benefits', as used in this subparagraph--
``(i) shall include additional and identifiable reductions,
if any, of regulated contaminants not covered by such proposed
or promulgated regulation that are expected to be achieved
solely from the use of the applicable technology or
technologies that form the basis for such regulation, and
``(ii) shall include consideration of the effects of such
contaminants upon subgroups that comprise a meaningful portion
of the general population, such as pregnant women and children,
that are identifiable as being at greater health risk than the
general population based on adequate scientific information.
``(C) Subparagraph (B) shall not take effect with respect to the
first promulgation after the date of enactment of the Safe Drinking
Water Act Amendments of 1994, or with respect to the initial revision
after such date, of a national primary drinking water regulation for
the following:
``(i) Contaminants covered by the proposed national primary
drinking water regulation for radionuclides as set forth in 56
Federal Register 33050, July 19, 1991.
``(ii) Sulfate.
``(iii) Contaminants covered by the proposed negotiated
rules on (I) disinfectants and disinfection by-products as set
forth in 59 Federal Register 38668, July 29, 1994, and (II)
enhanced surface water treatment as set forth in 59 Federal
Register 38832, July 29, 1994. Subparagraph (B) shall also not
take effect with respect to the promulgation of a second stage
regulation for contaminants covered by the proposed negotiated
rules referred to in clause (iii).
Any subsequent revision of any such regulation shall be subject to the
provisions of subparagraph (D).
``(D) In the case of any national primary drinking water regulation
for a contaminant regulated prior to enactment of the Safe Drinking
Water Act Amendments of 1994, or any subsequent revision of a national
primary drinking water regulation established in accordance with
subparagraph (C), subparagraph (B) shall apply to any proposal to amend
such national primary drinking water regulation only if a review
required pursuant to paragraph (9) results in findings by the
Administrator, published in the Federal Register, that changes in
technology, treatment techniques, or other means permit greater
protection of the health of persons. If the Administrator promulgates
such regulation in accordance with subparagraph (B), such regulation
must provide for greater protection of the health of persons. If the
Administrator does not promulgate a regulation in accordance with
subparagraph (B) because such greater protection of the health of
persons is not achievable, the Administrator may initiate a new
rulemaking under subparagraph (A) or retain the existing national
primary drinking water regulations.
``(E) Any subsequent revision of a national primary drinking water
regulation for contaminants regulated in accordance with subparagraph
(C) or (D) (where such revision is pursuant to the standard setting
language of subparagraph (B)) shall, at a minimum, provide greater
protection of the health of persons than the regulation in effect on
the date of enactment of the Safe Drinking Water Act Amendments of 1994
for such contaminant or, in the case of contaminants subject to
subparagraph (C), than the regulation promulgated under subparagraph
(C). If the Administrator does not promulgate such regulation in
accordance with subparagraph (B) because such greater protection is not
achievable, the Administrator may initiate a new rulemaking pursuant to
subparagraph (A) or retain the existing national primary drinking water
regulations.
``(F) In the absence of scientific evidence suggesting new or more
serious health effects than existing on the date of enactment of the
Safe Drinking Water Act Amendments of 1994, for purposes of proposal
and promulgation after such date of a national primary drinking water
regulation for sulfate, the Administrator shall include--
``(i) best technology or other means under subsection
(b)(5), and
``(ii) public notification and options for provision of
alternative water to populations at risk as alternative means
for complying with such regulation.
Such proposal shall be made within 6 months after such date of
enactment and such rule shall be promulgated within 2 years after such
date of enactment.
``(G)(i) Except as provided in clause (ii), notwithstanding any
provision of any law enacted prior to the enactment of the Safe
Drinking Water Act Amendments of 1994, within 6 months of such date of
enactment, the Administrator shall promulgate a national primary
drinking water regulation for radon.
``(ii) For the period of 5 years from the date of promulgation of
the regulation under clause (i) or from the end of the 6-month period
referred to in such clause, whichever comes first, such regulation
shall provide that public water systems may comply with an alternative
maximum contaminant level of 1000 picocuries per liter. If the Congress
enacts legislation which reauthorizes the Indoor Radon Abatement Act in
the 103d or 104th Congress, such alternative maximum contaminant level
shall thereafter be deemed to be the applicable maximum contaminant
level for purposes of such regulation.''.
(3) In the first sentence of subsection (b)(7)(A), strike
the word ``ascertain'' and insert ``measure''.
(4) In subsection (b)(9) strike ``3-year'' and insert ``5-
year''. No change to section 1412(b)(9) made by this Act shall
be a basis for delaying the promulgation of any rule proposal
pursuant to section 1412(b)(9) prior to the date of the
enactment of this Act.
(5) Add the following new subsection at the end thereof:
``(f) Methodologies; Risk Assessment.--(1) The Administrator, in
carrying out the provisions of this title, is expected, consistent with
the intent of Congress, to use at all times sound, unbiased, and
objective scientific practices and methodologies. The Administrator, in
carrying out the Administrator's responsibilities under this title,
shall ensure that the presentation of information on significant health
risks is unbiased and informative.
``(2) To the extent feasible, documents made available to the
general public which describe the degree of risk from exposure shall,
at a minimum, characterize the population or populations, (including
any identifiable subpopulations, as referred to in section
1412(b)(5)(B)(ii), at greater risk than the general population)
addressed by any agency risk estimates; state the expected risk for the
specific population; and state the reasonable range or other equivalent
description of uncertainty in the assessment process.''.
SEC. 5. SMALL SYSTEM TECHNOLOGY.
Section 1412(b)(6) is amended to read as follows:
``(6)(A) For purposes of this section and section 1415, at the time
the Administrator proposes and promulgates a national primary drinking
water regulation establishing a maximum contaminant level for any
contaminant, the Administrator shall propose and promulgate a listing
of the best technology or other means available for achieving
compliance with such regulation for large public water systems, and a
listing of the best technology or other means, if any, available for
achieving compliance with such regulation for public water systems in
each of the following categories:
``(i) Systems serving fewer than 10,000 persons but not
fewer than 3,300 persons.
``(ii) Systems serving 3,300 persons or fewer.
In proposing and promulgating lists for systems described in clauses
(i) and (ii), the Administrator shall consider cost variations
associated with system size.
``(B) For purposes of this section and section 1415, at the time
the Administrator proposes and promulgates a national primary drinking
water regulation establishing a treatment technique for any
contaminant, the Administrator shall propose and promulgate, for large
public water systems, and for systems in the size ranges referred to in
clause (i) and (ii) of subparagraph (A), a listing of the best
technology or other means, if any, available for achieving a level of
protection for public health equivalent to the level of protection
provided by such treatment technique for systems in such size ranges.
``(C) A listing under this paragraph of the best technology or
other means under subparagraph (A) shall not be construed to require or
authorize that any specified technology or other means be used for
purpose of meeting any national primary drinking water regulation.
``(D) A listing under this paragraph of the best technology or
other means shall provide as much reliable information as practicable
on performance, effectiveness, limitations, costs, and other relevant
factors in support of the listing, including the applicability of such
technology or other means to surface and underground source waters, or
both. Consistent with such reliable information, each State exercising
primary enforcement responsibility for such systems shall presume
(pending the availability of monitoring data, pending availability of
information on a system's viability, including the availability of
financial assistance under this title, and pending other relevant
factors) that use of such technology or other means should enable the
public water system concerned to meet the national primary drinking
water regulation.
``(E) The Administrator shall, on a continuing basis, assess the
engineering feasibility, performance, effectiveness, costs, and
limitations of best technologies and other means of meeting national
primary drinking water regulations, and may, by rule, revise the list
under subparagraph (A) or (B) as appropriate.
``(F) As used in this paragraph, the term `best technology' for
public water systems shall include, whenever appropriate, innovative
and alternative technologies.
``(G) At any time after the promulgation of a national primary
drinking water regulation, the Administrator may add to the lists under
this paragraph, by guidance published in the Federal Register, any new
or innovative technology or other means. A State may treat such
technologies in the same manner as those listed pursuant to
subparagraph (A) or (B).
``(H) To the greatest extent possible, within 24 months after the
enactment of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall publish each of the following for public water
systems in the size ranges referred to in clauses (i) and (ii) of
subparagraph (A)--
``(i) For contaminants subject to a maximum contaminant
level promulgated prior to such publication, a list of best
technologies available that achieve compliance with such
maximum contaminant level.
``(ii) For contaminants subject to a treatment technique
promulgated prior to such publication, a list of alternative
technologies that achieve a level of protection of public
health equivalent to the level of protection provided by such
treatment technique.''.
SEC. 6. AMENDMENTS TO SECTION 1413.
(a) Emergency Plans.--Section 1413(a)(5) is amended by inserting
after ``emergency circumstances'' the following: ``including
earthquakes, floods, hurricanes, and other natural disasters''.
(b) Protection of Drinking Water Distribution Systems.--Section
1413(a) is amended by adding the following after paragraph (6), as
added by section 7(a):
``(7) has adopted (pursuant to guidance issued by the
Administrator not later than 3 years after the date of the
enactment of the Safe Drinking Water Act Amendments of 1994)
and implemented requirements for public water systems in the
State to take feasible measures to protect the distribution
system from contamination due to leakage from sewer lines.''.
(c) Recycling of Filter Backwash.--Section 1413 is amended by
adding at the end thereof the following:
``(c) 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 3 years
after the date of the enactment of the Safe Drinking Water Act
Amendments of 1994 unless such recycling has been addressed by the
Administrator's `enhanced surface water treatment rule' prior to such
date. Any regulation under this subsection shall be deemed to be a
national primary drinking water regulation for purposes of this
title.''.
SEC. 7. CERTIFICATION OF LABORATORIES AND OPERATORS.
(a) Certification.--Section 1413(a) is amended by striking ``and''
at the end of paragraph (4), by striking the period at the end of
paragraph (5) and inserting a semicolon, and by adding the following at
the end thereof:
``(6) has adopted and is implementing, within 2 years after
the promulgation of regulations pursuant to section 1442(h),
requirements for the certification of--
``(A) laboratories conducting tests pursuant to
this part, and
``(B) operators of community and nontransient
noncommunity public water systems; and''.
(b) Standards.--Section 1442 is amended by adding the following at
the end thereof:
``(h) Minimum Standards.--(1) Not later than 30 months after the
date of enactment of the Safe Drinking Water Act Amendments of 1994 and
after consultation with States exercising primary enforcement
responsibility for public water systems, the Administrator shall
promulgate regulations specifying minimum standards for certification
(and recertification) of the operators of public water systems. Such
regulations shall take into account existing State programs, the
complexity of the system and other factors aimed at providing an
effective program at reasonable cost to States and public water
systems, taking into account the size of the system.
``(2) Not later than 3 years after the date of enactment of the
Safe Drinking Water Act Amendments of 1994 and after consultation with
States exercising primary enforcement responsibility for public water
systems, the Administrator shall promulgate regulations specifying
minimum standards for certification (and recertification) of
laboratories conducting tests pursuant to this part. Such regulations
shall contain minimum criteria to ensure, to the extent possible,
nationwide uniformity in such testing.
``(3) For any State exercising primary enforcement responsibility
for public water systems which has an operator certification program in
effect on the date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the regulations under paragraph (1) shall allow the
State to enforce such program in lieu of the regulations under
paragraph (1) if the State submits the program to the Administrator
within 18 months after the promulgation of such regulations unless the
Administrator determines (within 9 months after the State submits the
program to the Administrator) that such program is inconsistent with
such regulations. If disapproved it may be resubmitted in accordance
with section 1428(c).''.
(c) Study of Transient Systems.--The Administrator of the
Environmental Protection Agency shall survey various categories of
transient noncommunity public water systems nationwide to evaluate any
potential public health threat posed by any lack of operator
certification or training for such systems, and within 4 years after
the date of the enactment of the Safe Drinking Water Act Amendments of
1994, report to Congress with appropriate recommendations.
SEC. 8. ENFORCEMENT OF DRINKING WATER REGULATIONS.
(a) Notice.--Section 1414(a)(1)(A) is amended by striking ``he
shall so notify the State and'' and inserting ``the Administrator shall
so notify the State, provide the State with an opportunity to confer
with the Administrator, and notify''.
(b) Effective Date.--Section 1414(g)(2) is amended as follows:
(1) Amend the first sentence to read as follows: ``In the
case of a State exercising primary enforcement responsibility
for public water systems, an order issued under this subsection
to enforce section 1445 shall not take effect until after the
Administrator has provided such State with an opportunity to
confer with the Administrator regarding the order.''.
(2) Strike ``proposed'' in the second sentence.
(c) Civil Penalty.--Section 1414(g)(3) is amended as follows:
(1) In subparagraph (B), strike ``$5,000'' and insert
``$75,000 (or $100,000 if the violation occurs for more than 15
days or the public water system serves more than 10,000
persons)''.
(2) In subparagraph (C), strike ``$5,000'' and insert
``$75,000 (or $100,000 if the violation occurs for more than 15
days or the public water system serves more than 10,000
persons)''.
(d) Enforceability of State Requirements.--Section 1414 is amended
by adding the following at the end thereof:
``(h) State Requirements.--For a State exercising primary
enforcement responsibility for public water systems, any violation of a
State requirement that implements a national primary drinking water
regulation shall be treated as a violation of a national primary
drinking water regulation in effect under section 1412, except to the
extent that the State requirement includes elements that are more
stringent, or broader in scope, than elements of the national primary
drinking water regulation.''.
SEC. 9. QUARTERLY NONCOMPLIANCE REPORTING.
(a) Noncompliance Reporting.--Section 1413 is amended by inserting
the following new subsection after subsection (c):
``(d) Quarterly Noncompliance Reporting.--(1) Each State exercising
primary enforcement responsibility for public water systems shall
submit quarterly reports to the Administrator on a schedule and in a
format prescribed by the Administrator, consisting of each of the
following items:
``(A) Violations, during the previous quarter, by public
water systems in the State of State regulations adopted to
implement the requirements of national primary drinking water
regulations.
``(B) Enforcement actions taken, during the previous
quarter, by the State against public water systems with respect
to State regulations adopted to implement the requirements of
national primary drinking water regulations.
``(C) Notification of any variance or exemption granted
during the previous quarter. The notice shall include a
statement of reasons for the granting of the variance or
exemption, including documentation of the need for the variance
or exemption and the finding that the granting of the variance
or exemption will not result in an unreasonable risk to health.
The State may use a single notification statement to report 2
or more similar variances or exemptions.
``(2) The reports under paragraph (1)(A) shall include information
specifying the contamination level in the case of any exceedance of any
maximum contaminant level included in a national primary drinking water
regulation.
``(3) The Administrator shall make all information reported to the
Administrator under this subsection available to the public in such
manner as will ensure maximum accessibility and comprehension by the
public.''.
(b) Compliance With Subsection (h).--Section 1413(a)(3) is amended
by inserting ``, including reports under subsection (d),'' after
``reports''.
SEC. 10. SMALL SYSTEM ASSISTANCE PROGRAM.
(a) BAAT Variance.--Section 1415 is amended by adding the following
at the end thereof:
``(e) Small System Assistance Program.--
``(1) BAAT variances.--In the case of public water systems
serving 3,300 persons or fewer, a variance under this section
shall be granted by a State which has primary enforcement
responsibility for public water systems allowing the use of
Best Available Affordable Technology in lieu of best technology
or other means where--
``(A) no best technology or other means is listed
under subparagraph (A)(ii) or subparagraph (B) of
section 1412(b)(6) for a given contaminant for public
water systems serving 3,300 persons or fewer;
``(B) the Administrator has identified BAAT for
that contaminant pursuant to paragraph (3); and
``(C) the State finds that the conditions in
paragraph (4) are met.
``(2) Definition of baat.--The term `Best Available
Affordable Technology' or `BAAT' means the most effective
technology or other means for the control of a drinking water
contaminant or contaminants that is available and affordable to
systems serving fewer than 3,300 persons.
``(3) Identification of baat.--(A) As part of each national
primary drinking water regulation proposed and promulgated
after the enactment of the Safe Drinking Water Act Amendments
of 1994, the Administrator shall identify BAAT in any case
where no `best technology or other means' is listed under
subparagraph (A)(ii) or subparagraph (B) of section 1412(b)(6)
for that contaminant for systems serving fewer than 3,300
persons. No such identified BAAT shall require a technology
from specific manufacturer or brand. BAAT need not be adequate
to achieve the applicable maximum contaminant level or
treatment technique, but shall bring the public water system as
close to achievement of such maximum contaminant level as
practical or as close to the level of health protection
provided by such treatment technique as practical, as the case
may be. Any technology or other means identified as BAAT must
be determined by the Administrator to be protective of public
health. Simultaneously with identification of BAAT, the
Administrator shall list any assumptions underlying the public
health determination referred to in the preceding sentence,
where such assumptions concern the public water system to which
the technology may be applied, or its source waters. The
Administrator shall provide the assumptions used in determining
affordability, taking into consideration the number of persons
served by such systems. Such listing shall provide as much
reliable information as practicable on performance,
effectiveness, limitations, costs, and other relevant factors
in support of such listing, including the applicability of BAAT
to surface and underground waters or both.
``(B) To the greatest extent possible, within 24 months
after the date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall identify BAAT for
all national primary drinking water regulations proposed or
promulgated prior to such date of enactment where no best
technology or other means is listed under subparagraph (A)(ii)
or subparagraph (B) of section 1412(b)(6) for that contaminant
for systems serving fewer than 3,300 persons, and where
compliance by such small systems is not practical. In
identifying BAAT for such national primary drinking water
regulations, the Administrator shall give priority to
evaluation of atrazine, asbestos, selenium, pentachlorophenol,
antimony, and nickel.
``(4) Conditions for baat variance.--To grant a variance
under this subsection, the State must determine that--
``(A) the public water system cannot install `best
technology or other means' because of the system's
small size;
``(B) the public water system could not comply with
the maximum contaminant level through use of alternate
water supplies or through management changes or
restructuring, as described in section 1419 (relating
to public water system viability);
``(C) the public water system has the capacity to
operate and maintain BAAT; and
``(D) the circumstances of the public water system
are consistent with the public health assumptions
identified by the Administrator under paragraph (3).
``(5) Schedules.--Any variance granted by a State under
this subsection shall establish a schedule for the installation
and operation of BAAT within a period not to exceed 2 years
after the issuance of the variance, except that the State may
grant an extension of 1 additional year upon application by the
system. The application shall include a showing of financial or
technical need. Variances under this subsection shall be for a
term not to exceed 5 years (including the period allowed for
installation and operation of BAAT), but may be renewed for
such additional 5-year periods by the State upon a finding that
the criteria in paragraph (4) continued to be met.
``(6) Microbiological contaminants.--No variance may be
issued under this subsection for microbiological contaminants.
``(7) Review.--Any review by the Administrator under
paragraphs (4) and (5) shall be pursuant to subsection
(a)(1)(G)(i).''.
(b) Technical and Conforming Changes.--(1) Section 1415 is amended
by striking ``best technology, treatment techniques, or other means''
and ``best available technology, treatment techniques or other means''
each place such terms appear and inserting in lieu thereof ``best
technology or other means''.
(2) Section 1415(a)(1)(A) is amended by striking the third sentence
and by striking ``Before a schedule prescribed by a State pursuant to
this subparagraph may take effect'' and all that follows down to the
beginning of the last sentence.
(3) Section 1415(a)(1)(C) is amended as follows:
(A) Amend the first sentence to read as follows: ``Before a
variance is issued and a schedule is prescribed pursuant to
this subsection or subsection (e) by a State, the State shall
provide notice and an opportunity for a public hearing on the
proposed variance and schedule.''.
(B) Insert ``under this section'' before the period at the
end of the third sentence''.
(4) Section 1415(a)(1)(D) is amended as follows:
(A) Strike ``under subparagraph (A)'' and insert ``under
this section''.
(B) Strike ``that subparagraph'' in each place it appears
and insert in each such place ``this section''.
(C) Strike the last sentence.
(5) Section 1415(a)(1)(F) is amended by striking ``3-year'' and
inserting ``5-year'' and by amending the first sentence to read as
follows: ``Not later than 5 years after the enactment of the Safe
Drinking Water Act Amendments of 1994, the Administrator shall complete
a review of the variances granted under this section (and the schedules
prescribed in connection with such variances).''.
(6) Section 1415(a)(1)(G)(i) is amended by striking ``subparagraph
(A) or (B)'' and inserting ``this section''.
(7) Section 1415(b) is amended by striking ``paragraph (1)(B) or
(2) of subsection (a)'' and inserting ``this section''.
(8) Section 1415(c) is amended by striking ``subsection (a)'' and
inserting ``this section''.
(9) Section 1415(d) is amended to read as follows:
``(d) [Repealed.]''.
SEC. 11. 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 1443(c), 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
viability.
``(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
the exemption. If the State determines to the contrary, the State may
still grant the exemption. The decision of the State under this
subparagraph shall not be subject to review by the Administrator,
except as provided in subsection (d).
``(3) Paragraphs (1) and (3) of subsection (a) shall not apply to
an exemption issued under this subsection. Subparagraph (B) of
subsection (b)(2) shall not apply to an exemption issued under this
subsection, but any exemption granted to such a system may be renewed
for additional 4-year periods upon application of the public water
system and after a determination that the criteria of paragraphs (1)
and (2) of this subsection continue to be met.
``(4) No exemption may be issued under this section for
microbiological contaminants.''.
(b) Technical and Conforming Amendments.--(1) Section 1416(b)(1) is
amended by striking ``prescribed by a State pursuant to this
subsection'' and inserting ``prescribed by a State pursuant to this
subsection or subsection (h)''.
(2) Section 1416(c) is amended by striking ``under subsection (a)''
and inserting ``under this section'' and by striking ``including'' in
the second sentence and inserting ``including, in the case of an
exemption under subsection (a),''.
(3) Section 1416(d)(1) is amended by striking ``3-year'' and
inserting ``4-year'' and by amending the first sentence to read as
follows: ``Not later than 4 years after the date of enactment of the
Safe Drinking Water Act Amendments of 1994, the Administrator shall
complete a comprehensive review of the exemptions granted (and
schedules prescribed pursuant thereto) by the States during the 4-year
period beginning on such date.''.
(4) Section 1416(b)(2)(C) is repealed.
(c) Systems Serving More Than 3,300 Persons.--Section
1416(b)(2)(A)(ii) is amended by striking ``12 months'' and inserting
``4 years'' and section 1416(b)(2)(B) is amended by striking ``3 years
after the date of the issuance of the exemption'' and inserting ``4
years after the expiration of the initial exemption''.
SEC. 12. PUBLIC WATER SYSTEM VIABILITY.
Part B is amended by adding the following at the end thereof:
``SEC. 1419. PUBLIC WATER SYSTEM VIABILITY.
``(a) EPA Guidelines.--Within 18 months after the enactment of the
Safe Drinking Water Act Amendments of 1994, the Administrator shall
issue guidelines for purposes of subsection (b) for State programs to
bring public water systems into compliance with this title and to
maintain such compliance. The guidelines shall be developed in
consultation with the States.
``(b) State Programs To Assure Viability.--Within 2 years after
issuance of guidelines under subsection (a), each State exercising
primary enforcement responsibility for public water systems shall
develop and implement a comprehensive program to assure the viability
of community and noncommunity nontransient public water systems within
that State which are subject to the provisions of subsection (e). The
program shall be treated as approved by the Administrator unless
disapproved by the Administrator within 6 months after the date of its
submittal. If disapproved it may be resubmitted in accordance with
section 1428(c).
``(c) Financial Assistance for Small Systems.--(1) Except as
provided in paragraph (2), no financial assistance may be provided from
funds made available under section 1443(c) to any public water system
in operation on the date of enactment of the Safe Drinking Water Act
Amendments of 1994 that--
``(A) serves fewer than 10,000 persons, and
``(B) has a history of violations of monitoring
requirements or violations of national primary drinking water
regulations,
unless the State determines whether the public water system has, or
will have, the technical, managerial, and financial capability to
operate in compliance, and maintain compliance, with this title. Such
determination shall be based on such information as the public water
system may provide to the State and such other information as may be
available to the State. In making such determination the State shall
take into consideration the financial assistance which may be available
to the public water system.
``(2)(A) If the State determines under paragraph (1) that a public
water system lacks the capability referred to in paragraph (1), the
State shall require adoption by the system of management or
restructuring changes or both before providing funding to the system
under section 1443(c), except as provided in subparagraph (B).
Management changes 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 viability. Restructuring changes may include
ownership change, physical consolidation with another system, or other
measures to otherwise improve customer base and gain economies of
scale.
``(B) If the State determines under paragraph (1) that a system
lacks the capability referred to in paragraph (1), funds provided under
section 1443(c) (relating to State Revolving Funds) shall be available
only to support such physical consolidation.
``(d) New Systems.--No financial assistance of any kind may be
provided under this title to any public water system that is
established, and begins operations, in any State after the enactment of
the Safe Drinking Water Act Amendments of 1994, unless the
Administrator determines that the State has an effective operating
permit program or other means to ensure, before commencing operation,
that the system has the management and technical capacity and financial
capability, taking into account its customer base and other relevant
factors, to comply and maintain compliance with the applicable
requirements of this title. No change in the ownership of a public
water system shall result in the application of the prohibition
contained in this subsection to such system.
``(e) State Viability Assessments.--(1) Before the end of the first
full fiscal year after the enactment of the Safe Drinking Water Act
Amendments of 1994, each State shall establish a program for assessing,
over a 5-year period, the long-term technical, managerial, and
financial capability of community and nontransient noncommunity public
water systems serving fewer than 10,000 persons that are in violation
of this title or may be in jeopardy of not maintaining compliance with
this title. The State shall establish a schedule for determining which
systems to include in the assessment program.
``(2) The assessment program referred to in paragraph (1) shall
include any public water system that has been in significant
noncompliance (as defined in guidelines issued prior to the enactment
of the Safe Drinking Water Act Amendments of 1994 or any revisions
thereof and in national primary drinking water regulations promulgated
after such date of enactment) or violated any maximum contaminant level
or treatment technique, any variance, or any exemption under this title
during the 2 years prior to the date on which the State makes a
determination (in accordance with the schedule under in paragraph (1))
regarding whether to include such system in the assessment program.
``(3) For all public water systems referred to in paragraph (1)
(other than those referred to in paragraph (2)), the State shall
establish, in consultation with the Administrator, a system of
priorities, as part of the program for conducting assessments, where
there has been other noncompliance during such 2-year period which the
State considers serious. The State shall publish such priorities and
file them with the Administrator. The State, in its discretion and
considering its resources, may, but is not required to, conduct
assessments of public water systems which are in compliance during such
period.
``(f) Waiver.--The Administrator may waive any requirements of this
section in the case of a State viability program adopted before the
enactment of this section if the Administrator finds that such State
viability program is fully achieving the objectives of this section.
``(g) Availability of SRF Funds.--Unless the State has--
``(1) prior to the end of the first full fiscal year after
the enactment of the Safe Drinking Water Act Amendments of
1994, established a program meeting the requirements of
subsection (e), and
``(2) beginning with the third fiscal year after the
Administrator issues guidelines under subsection (a), developed
and implemented an approved program under subsection (b),
only 50 percent of the funds that would otherwise be allocated to that
State under section 1443(c) (relating to State Revolving Funds) may be
made available to the State.
``(h) EPA Review.--The decisions of the State under this section
regarding any particular public water system are not subject to review
by the Administrator.''.
SEC. 13. SOURCE WATER ASSESSMENT AND PETITION PROGRAM.
(a) Guidelines and Programs.--Section 1428 is amended by adding
``and source water'' after ``wellhead'' in the section heading and by
adding at the end thereof the following:
``(l) Source Water Assessment.--
``(1) Guidance.--Within 12 months after enactment of the
Safe Drinking Water Act Amendments of 1994, after notice and
comment, the Administrator shall publish guidance for States
exercising primary enforcement responsibility for public water
systems to carry out directly or through delegation (for the
protection and benefit of public water systems and for the
support of monitoring flexibility) a source water assessment
program within the State's boundaries.
``(2) Program requirements.--A source water assessment
program under this subsection shall--
``(A) delineate the boundaries of the assessment
areas in such State from which one or more public water
systems in the State receive supplies of drinking
water, using all reasonably available hydrogeologic
information on the sources of the supply of drinking
water in the State and the water flow, recharge, and
discharge and any other reliable information as the
State deems necessary to adequately determine such
areas; and
``(B) identify for contaminants regulated under
this title for which monitoring is required under this
title (or any unregulated contaminants which the State,
for the purposes of this subsection, has determined to
present an urgent threat to public health), to the
extent practical, the origins within each delineated
area of such contaminants to determine the
susceptibility of the public water systems in the
delineated area to such contaminants.
``(3) Approval, implementation, and monitoring relief.--A
State source water assessment program under this subsection
shall be submitted to the Administrator within 18 months after
the Administrator's guidance is issued under this subsection
and shall be deemed approved 9 months after the date of such
submittal unless the Administrator disapproves the program as
provided in subsection (c). States shall begin implementation
of the program immediately after its approval. The
Administrator's approval of a State program under this
subsection shall include a timetable, established in
consultation with the State, allowing not more than 2 years for
completion after approval of the program. Public water systems
seeking monitoring relief in addition to the interim relief
provided under section 1418(a) shall be eligible for monitoring
relief, consistent with section 1418(b), upon completion of the
assessment in the delineated source water assessment area or
areas concerned.
``(4) Timetable.--The timetable referred to in paragraph
(3) shall take into consideration the availability to the State
of funds under section 1443(c) (relating to State Revolving
Funds) for assessments and other relevant factors. The
Administrator may extend any timetable included in a State
program approved under paragraph (3) to extend the period for
completion by an additional 18 months. The timetable shall be
deemed to be part of the guidance published under paragraph (1)
and shall be subject to section 1450(j). Compliance with
subsection (g) shall not affect any State permanent monitoring
flexibility program approved under section 1418(b). To avoid
duplication and to encourage efficiency, the program shall, to
the extent practicable, be coordinated with other existing
programs and mechanisms, including the wellhead protection
program, vulnerability assessments, sanitary surveys, and
monitoring programs.
``(5) Demonstration project.--The Administrator shall, as
soon as practicable, conduct a demonstration project, in
consultation with other Federal agencies, to demonstrate the
most effective and protective means of assessing and protecting
source waters serving large metropolitan areas and located on
Federal lands.
``(m) Petition Program.--
``(1) Submission of petitions.--Within 18 months after
publication by the Administrator of guidance under subsection
(l), each State exercising primary enforcement responsibility
shall adopt and submit to the Administrator a source water
petition program. A petition under such program may request
that the State assist in addressing the origins of contaminants
regulated under this title (or unregulated contaminants for
which the State has determined, for purposes of this section,
that there is an urgent threat to public health) and that are
not adequately addressed by the wellhead protection program or
other programs. The origins of such contaminants may include,
to the extent practicable, the specific activities that affect
the drinking water supply of a community. Such program shall
also include provisions for voluntary partnerships, including
those in which public water systems and local governments
participate and submit petitions. The program shall provide for
public notice of petitions.
``(2) Contents of petitions.--Petitions submitted to the
State under this subsection may seek assistance in directing,
or redirecting, consistent with applicable program authorities
administrative, technical, or financial resources to address
the origins of drinking water contaminants regulated under this
title (or unregulated contaminants for which the State has
determined, for purposes of this section, that there is an
urgent threat to public health) and that are not adequately
addressed by the wellhead protection program or other programs.
Any such petition shall, at a minimum--
``(A) include delineation of the source water area
covered by the petition, based on the source water
assessment delineation areas set forth in subsection
(l)(2)(A);
``(B) based on reasonably available data, identify
the nature of the problem that is the basis for the
petition;
``(C) to the extent practicable, identify the
origins of such drinking water contaminants; and
``(D) identify any missing data necessary to
adequately characterize the problem that is the basis
of the petition.
Identification of a contaminant or contaminants in a petition
shall be contaminant specific. Contaminants may be combined in
a single petition. The State may elect to waive the requirement
for the petitioner to meet subparagraph (D).
``(3) Response to petitions.--Each State receiving a
petition under this subsection shall respond to the petition in
an expeditious manner unless the State determines, in its
discretion, that the petition is frivolous. The State response
may include, as appropriate, utilization and coordination of
programs, technical assistance, financial assistance,
education, training, contingency plans and demonstration
projects for the delineated areas to protect the drinking water
supply of systems within those areas from such contaminants.
Nothing in this paragraph is intended or shall be interpreted
to create or convey any new authority in any State, political
subdivision of a State, or public water system for any control
measure or limit in any way any authority of a State, political
subdivision of a State, or water system.
``(4) Approval of petition program.--The Administrator's
approval of a State source water petition program under this
subsection is not required unless the State uses grant funds
under section 1443(c) (relating to State Revolving Funds) to
adopt and implement the program. The State may use grants
allotted to the State under section 1443(c) for such purposes
only with the approval of the Administrator. If adopted with
the use of funds made available under section 1443(c) by a
State exercising primary enforcement responsibility for public
water systems, the State shall comply with the delineation
requirements set forth in subsection (l)(2)(A) and the program
shall contain, as appropriate, one or more of the elements
referred to in section 1428(a)(4).''.
(b) Public Participation.--Subsection (b) of section 1428 is
amended by adding the following at the end thereof: ``No funds shall be
available to the State under section 1443(c) (relating to State
Revolving Funds) for the purpose of carrying out a State source water
petition program unless the State procedures referred to in this
section also apply to any State source water petition program adopted
under subsection (m).''.
(c) Approval and Disapproval of State Programs.--Section 1428 is
amended as follows:
(1) Amend the first sentence of subsection (c)(1) to read
as follows: ``If, in the judgment of the Administrator, a State
program or portion thereof under subsection (a) is not adequate
to protect public water systems as required by subsection (a)
or a State program under subsection (l) or (m) or section
1418(b) does not meet the applicable requirements of subsection
(l), (m) or section 1418(b), the Administrator shall disapprove
such program or portion thereof.''.
(2) Add after the second sentence of subsection (c)(1) the
following: ``A State program developed pursuant to subsection
(l) or (m) or section 1418(b) shall be deemed to meet the
applicable requirements of subsection (l), (m) or section
1418(b) unless the Administrator determines within 9 months of
the receipt of the program that such program (or portion
thereof) does not meet such requirements.''.
(3) In the third sentence of subsection (c)(1) and in
subsection (c)(2) strike ``is inadequate'' and insert ``is
disapproved''.
(4) Add the following at the end of subsection (c)(1):
``Notwithstanding any other provision of this subsection, the
provisions of this subsection shall apply to source water
petition programs under subsection (m) only if the State uses
grants under section 1443(c) (relating to State Revolving
Funds) for such program.''.
(5) In subsection (b), add the following before the period
at the end of the first sentence: ``and source water assessment
programs under subsection (l)''.
(6) In subsection (g)--
(A) insert after ``under this section'' the
following: ``, State source water assessment programs
under subsection (l) and State petition programs under
subsection (m) for which the State uses grants under
section 1443(c) (relating to State Revolving Funds)'';
and
(B) strike ``Such'' in the last sentence and
inserting ``In the case of wellhead protection
programs, such''.
SEC. 14. MONITORING OF REGULATED CONTAMINANTS.
Part B is amended by adding the following after section 1417:
``SEC. 1418. MONITORING OF CONTAMINANTS.
``(a) Interim Monitoring Relief Authority.--(1) A State exercising
primary enforcement responsibility for public water systems may modify
the monitoring requirements for--
``(A) regulated chemical pesticide contaminants,
``(B) polychlorinated byphenyls,
``(C) dioxin, and
``(D) unregulated contaminants for which monitoring is
required under phase II as set forth on January 30, 1991, in
volume 56 of the Federal Register, page 3526 and phase V as set
forth on July 17, 1992, in volume 57 of the Federal Register,
page 31776
for an interim period to provide that any public water system serving
3,300 persons or fewer shall not be required to conduct additional
quarterly monitoring during an interim relief period for such
contaminants if--
``(i) monitoring, conducted at the beginning of the period
for the contaminant concerned and certified to the State by the
public water system, fails to detect the presence of the
contaminant in the ground or surface water supplying the public
water system, and
``(ii) the State, (considering the hydrogeology of the area
and other relevant factors), determines in writing that the
contaminant is unlikely to be detected by further monitoring
during such period.
``(2) The interim relief period referred to in paragraph (1) shall
terminate when permanent monitoring relief is adopted and approved for
such State, or at the end of 36 months after the enactment of the Safe
Drinking Water Act Amendments of 1994, whichever comes first. In order
to serve as a basis for interim relief, the monitoring conducted at the
beginning of the period must occur at the time determined by the State
to be the time of the public water system's greatest vulnerability to
the contaminant concerned in the relevant ground or surface water,
taking into account in the case of pesticides the time of application
of the pesticide for the source water area and the travel time for the
pesticide to reach such waters and taking into account, in the case of
other contaminants, seasonality of precipitation and contaminant travel
time.
``(b) Permanent Monitoring Relief Authority.--(1) Each State
exercising primary enforcement responsibility for public water systems
under this title and having an approved wellhead protection program and
a source water assessment program may adopt, in accordance with
guidance published by the Administrator, and submit to the
Administrator as provided in section 1428(c), tailored alternative
monitoring requirements for public water systems in such State (as an
alternative to the monitoring requirements specified in the
Administrator's standardized monitoring framework for chemical
contaminants and the applicable national primary drinking water
regulations) where the State concludes that (based on data available at
the time of adoption concerning susceptibility, use, occurrence,
wellhead protection, or from the State's drinking water source water
assessment program) such alternative monitoring would provide assurance
that it complies with the Administrator's guidelines. The State program
must be adequate to assure compliance with, and enforcement of,
applicable national primary drinking water regulations. Alternative
monitoring shall not apply to regulated microbiological contaminants,
disinfectants and disinfection by-products, or corrosion by-products.
The preceding sentence is not intended to limit other authority of the
Administrator under other provisions of this title to grant monitoring
flexibility.
``(2)(A) The Administrator shall issue, after notice and comment
and at the same time as guidelines are issued for source water
assessment under section 1428(l), guidelines for States to follow in
proposing alternative requirements to the standardized monitoring
framework for chemical contaminants. The Administrator shall publish
such framework in the Federal Register. The guidelines shall assure
that the public health will be protected from drinking water
contamination. The guidelines shall require that a State alternative
monitoring program apply on a contaminant-by-contaminant basis and
that, to be eligible for such alternative monitoring program, a public
water system must show the State that the contaminant is not present in
the drinking water supply or, if present, it is reliably and
consistently below the maximum contaminant level.
``(B) For purposes of subparagraph (A), the phrase `reliably and
consistently below the maximum contaminant level' means that, although
contaminants have been detected in a water supply, the State has
sufficient knowledge of the contamination source and extent of
contamination to predict that the maximum contaminant level will not be
exceeded. In determining that a contaminant is reliably and
consistently below the maximum contaminant level, States shall consider
the quality and completeness of data, the length of time covered and
the volatility or stability of monitoring results during that time, and
the proximity of such results to the maximum contaminant level. Wide
variations in the analytical results, or analytical results close to
the maximum contaminant level, shall not be considered to be reliably
and consistently below the maximum contaminant level.
``(3) The guidelines issued by the Administrator under paragraph
(2) shall require that if, after the monitoring program is in effect
and operating, a contaminant covered by the alternative monitoring
program is detected at levels at or above the maximum contaminant level
or is no longer reliably or consistently below the maximum contaminant
level, the public water system must either--
``(A) demonstrate that the contamination source has been
removed or that other action has been taken to eliminate the
contamination problem, or
``(B) test for the detected contaminant pursuant to the
applicable national primary drinking water regulation.
``(c) Treatment as NPDWR.--All monitoring relief granted by a State
to a public water system for a regulated contaminant under subsection
(a) or (b) shall be treated as part of the national primary drinking
water regulation for that contaminant.
``(d) Other Monitoring Relief.--Nothing in this section shall be
construed to affect the authority of the States under the standard
monitoring framework for chemical contaminants and under applicable
national primary drinking water regulations to alter monitoring
requirements through waivers in effect at the time of the enactment of
the Safe Drinking Water Act Amendments of 1994. States are encouraged
to use such authority.''.
SEC. 15. FEDERAL FACILITIES.
(a) In General.--Part C is amended by adding at the end thereof the
following new section:
``SEC. 1429. FEDERAL FACILITIES.
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government--
``(1) owning or operating any facility in a wellhead
protection area,
``(2) engaged in any activity at such facility resulting,
or which may result, in the contamination of water supplies in
any such area, or
``(3) owning or operating any public water system
shall be subject to, and comply with, all Federal, State, interstate,
and local requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce such
relief), respecting the protection of such wellhead areas and
respecting such public water systems in the same manner and to the same
extent as any person is subject to such requirements, including the
payment of reasonable service charges. The Federal, State, interstate,
and local substantive and procedural requirements referred to in this
subsection include, but are not limited to, all administrative orders
and all civil and administrative penalties and fines, regardless of
whether such penalties or fines are punitive or coercive in nature or
are imposed for isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity otherwise applicable
to the United States with respect to any such substantive or procedural
requirement (including, but not limited to, any injunctive relief,
administrative order or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service charge).
The reasonable service charges referred to in this subsection include,
but are not limited to, fees or charges assessed in connection with the
processing and issuance of permits, renewal of permits, amendments to
permits, review of plans, studies, and other documents, and inspection
and monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local regulatory program respecting the protection of
wellhead areas or public water systems. Neither the United States, nor
any agent, employee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with respect to
the enforcement of any such injunctive relief. No agent, employee, or
officer of the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law concerning
the protection of wellhead areas or public water systems with respect
to any act or omission within the scope of the official duties of the
agent, employee, or officer. An agent, employee, or officer of the
United States shall be subject to any criminal sanction (including, but
not limited to, any fine or imprisonment) under any Federal or State
requirement adopted pursuant to this title, but no department, agency,
or instrumentality of the executive, legislative, or judicial branch of
the Federal Government shall be subject to any such sanction. The
President may exempt any facility of any department, agency, or
instrumentality in the executive branch from compliance with such a
requirement if he determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due to lack
of appropriation unless the President shall have specifically requested
such appropriation as a part of the budgetary process and the Congress
shall have failed to make available such requested appropriation. Any
exemption shall be for a period not in excess of 1 year, but additional
exemptions may be granted for periods not to exceed 1 year upon the
President's making a new determination. The President shall report each
January to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with his
reason for granting each such exemption.
``(b) Administrative Enforcement Actions.--(1) The Administrator
may commence an administrative enforcement action against any
department, agency, or instrumentality of the executive, legislative,
or judicial branch of the Federal Government subject to the provisions
of subsection (a) pursuant to the enforcement authorities contained in
this title. The Administrator shall initiate an administrative
enforcement action against such a department, agency, or
instrumentality in the same manner and under the same circumstances as
an action would be initiated against another person. Any voluntary
resolution or settlement of such an action shall be set forth in a
consent order.
``(2) No administrative order issued to such a department, agency,
or instrumentality shall become final until such department, agency, or
instrumentality has had the opportunity to confer with the
Administrator.
``(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of the enactment
of the Safe Drinking Water Act Amendments of 1994 or a State
constitution requires the funds to be used in a different manner, all
funds collected by a State from the Federal Government from penalties
and fines imposed for violation of any substantive or procedural
requirement referred to in subsection (a) shall be used by the State
only for projects designed to improve or protect the environment or to
defray the costs of environmental protection or enforcement.''.
(b) Conforming Amendments.--Section 1447(a) is amended as follows:
(1) By striking out ``(1) having jurisdiction over any
federally owned or maintained public water system or (2)''.
(2) By striking out ``respecting the provision of safe
drinking water and''.
(3) Section 1447(c) is amended by striking out ``the Safe
Drinking Water Amendments of 1977'' and inserting ``this
title'' and by striking ``this Act'' and inserting ``this
title''.
SEC. 16. EMERGENCY POWERS.
Section 1431(b) is amended by striking out ``$5,000'' and inserting
in lieu thereof ``$15,000''.
SEC. 17. TAMPERING.
Section 1432 is amended as follows:
(1) In subsection (d), by striking ``or'' at the end of
paragraph (1) and by striking paragraph (2) and inserting the
following:
``(2) to knowingly and deliberately interfere with the
operation of a public water system with the intent to cause
economic harm to the system or cause the system to violate this
title; or
``(3) to knowingly and deliberately render inaccurate a
monitoring device with the intent to falsify monitoring
results.''.
(2) By adding at the end the following:
``(e) Failure To Report.--Any owner or operator of a public water
system who knowingly and deliberately fails to report for more than 90
days to the State with primary enforcement responsibility for public
water systems, or to the public as required by this title, or to the
Administrator, a violation of a maximum contaminant level or treatment
technique shall be subject to a fine of not more than $10,000,
imprisonment for not more than 2 years, or both, except that failure to
comply with the exact form and contents of a notice shall not be
considered a failure to report which is subject to enforcement under
this subsection.
``(f) False Statements.--State requirements applicable to public
water systems in States with primary enforcement responsibility for
public water systems under this title, or requirements of the
Administrator under this title, respecting statements, representations,
writings, or documents shall be construed to be subject to the
provisions of section 1001 of title 18 of the United States Code and
for such purposes such requirements shall be treated as a matter within
the jurisdiction of a department or agency of the United States and
solely for that purpose such State shall be treated as a Federal
department or agency.''.
SEC. 18. FUNDS FOR SAFE DRINKING WATER.
(a) State Revolving Funds.--Section 1443 is amended by
redesignating subsection (c) as subsection (d) and by adding the
following new subsection after subsection (b):
``(c) State Revolving Funds.--
``(1) General authority.--
``(A) Grants to states to establish revolving
funds.--The Administrator shall enter into agreements
with States to make capitalization grants, including
letters of credit, to the States under this subsection
solely to further the health protection objectives of
this title, promote the efficient use of fund
resources, and for such other purposes as specified in
this title. The grants shall be deposited in drinking
water treatment revolving funds established by the
State, except as otherwise provided in this subsection
and in other provisions of this title. No portion of
any specific percentage amount of such grants referred
to in paragraph (5), (8), or (9) or authorized by other
provisions of this title to be used for other purposes
specified in this title shall be deposited in any State
revolving fund. All such grants shall be allotted to
the States in the same manner as funds are allotted to
States under subsection (a)(4), except as provided in
paragraph (8) and except that the State allotment for a
State not exercising primary enforcement responsibility
for public water systems shall not be deposited in any
such fund but shall be allotted by the Administrator as
follows: 30 percent of such allotment shall be
available to the Administrator as needed to exercise
primary enforcement responsibility under this title in
such State and the remainder shall be reallotted to
States exercising primary enforcement responsibility
for public water systems for deposit in such funds.
Whenever the Administrator makes a final determination
pursuant to section 1413(b) that the requirements of
section 1413(a) are no longer being met by a State,
additional grants for such State under this title shall
be immediately terminated by the Administrator.
``(B) Use of funds.--Except as otherwise authorized
by this title, amounts deposited in such revolving
funds, including loan repayments and interest earned on
such amounts, shall be used only for providing loans or
other financial assistance of any kind or nature that
the State deems appropriate to public water systems.
Such financial assistance may be used by a public water
system only for expenditures (not including monitoring,
operation, and maintenance expenditures) of a type or
category which the Administrator has determined,
through guidance, will facilitate compliance with
national primary drinking water regulations applicable
to such system under section 1412 or otherwise
significantly further the health protection objectives
of this title. Such financial assistance may be used
for acquisition from willing sellers, at fair market
value, of real property or interests therein which are
integral to such systems. 15 percent of the amount
credited to any revolving fund established under this
section in any fiscal year shall be available solely
for providing loan assistance to public water systems
which regularly serve fewer than 10,000 persons.
``(C) Fund management.--Each State revolving fund
under this subsection shall be established, maintained,
and credited with repayments and interest. The fund
corpus shall be available in perpetuity for providing
financial assistance under this section. To the extent
amounts in each such fund are not required for current
obligation or expenditure, such amounts shall be
invested in interest bearing obligations of the State
or of the United States.
``(D) Grants from revolving funds.--A State may not
provide assistance in the form of grants from a State
revolving fund established under this subsection in an
aggregate amount which exceeds the sum of the interest
collected on deposits in such State revolving fund plus
amounts deposited in such fund by the State pursuant to
paragraph (3). Such grants may only be made to public
water systems owned by a governmental or inter-
governmental agency, a non-profit organization, an
Indian tribe, or any combination thereof which the
State finds to be experiencing financial hardship.
``(E) Investor-owned public water systems.--In the
case of any public water system not owned by a
governmental or inter-governmental agency, a non-profit
organization, an Indian tribe, or any combination
thereof, the State may provide assistance from a State
revolving fund under this subsection according to
priorities established by the State based on the
greatest public health needs and financial need. The
State may provide loan assistance to any such system
from such a State revolving fund only after making a
determination that the system has the ability to repay
the loan according to its terms and conditions. States
are authorized to require such systems to identify a
dedicated source for repayment of the loans and to
impose such other requirements as may be necessary to
assure loan repayment.
``(2) Specific requirement.--No loan or other financial
assistance may be provided to a public water system from a
revolving fund established under this subsection to be used for
any expenditure that could be avoided or significantly reduced
by appropriate consolidation of that public water system with
any other public water system, except that in such cases such
assistance may be provided from the revolving fund for such
consolidation.
``(3) State contribution.--In the case of grants made after
fiscal year 1995, each agreement under this subsection shall
require that the State deposit in the fund from State moneys an
amount equal to at least 20 percent of the total amount of the
grant to be made to the State on or before the date on which
the grant payment is made to the State.
``(4) Combined financial administration.--Notwithstanding
subparagraph (C) of paragraph (1), a State may (as a
convenience and to avoid unnecessary administrative costs)
combine, in accordance with State law, the financial
administration of a revolving fund established under this
subsection with the financial administration of any other
revolving fund established by the State if otherwise not
prohibited by the law under which such revolving fund was
established and if the Administrator determines that--
``(A) the grants under this subsection, together
with loan repayments and interest, will be separately
accounted for and used solely for the purposes
specified in paragraph (1); and
``(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial administration) with
respect to such assistance remains with the State
agency having primary responsibility for administration
of the State program under this part.
``(5) Administration.--(A) Each State may annually use up
to 4 percent of the funds allotted to the State under this
subsection to cover the reasonable costs of administration of
the assistance program under this subsection and of providing
technical assistance to public water systems within the State.
For fiscal year 1995 and each fiscal year thereafter, each
State may use up to an additional 5 percent of the funds
allotted to the State under this subsection for public water
system supervision if the State matches such expenditures with
at least an equal amount of non-Federal funds. At least half of
such match must be additional to the amount expended by the
State for public water supervision in fiscal year 1993. An
additional 1 percent of the funds annually allotted to the
State under this subsection shall be used by each State to
provide technical assistance to public water systems in such
State.
``(B) The Administrator shall publish such guidance and
promulgate such regulations as may be necessary to carry out
the provisions of this section, including--
``(i) provisions to ensure that each State commits
and expends funds allotted to the State under this
subsection as efficiently as possible in accordance
with this title and applicable State laws,
``(ii) guidance to prevent waste, fraud, and abuse,
and
``(iii) guidance to avoid the use of funds made
available under this subsection to finance the
expansion of any public water system in anticipation of
future population growth.
Such guidance and regulations shall also insure that the
States, and public water systems receiving assistance under
this subsection, use accounting, audit, and fiscal procedures
that conform to generally accepted accounting standards.
``(C) Each State administering a revolving fund and
assistance program under this subsection shall publish and
submit to the Administrator a report every 2 years on its
activities under this subsection, including the findings of the
most recent audit of the fund and the entire State allotment.
The Administrator shall periodically audit all revolving funds
established by, and all other amounts allotted to, the States
pursuant to this subsection in accordance with procedures
established by the Comptroller General.
``(6) Needs survey.--The Administrator shall conduct an
assessment of financial needs of all public water systems in
the United States and submit a report to the Congress
containing the results of such assessment within 2 years after
the date of the enactment of the Safe Drinking Water Act
Amendments of 1994. The Administrator shall revise such report
periodically as appropriate.
``(7) Indian tribes.--1\1/2\ percent of the amounts
appropriated annually to carry out this subsection may be used
by the Administrator to make grants to Indian Tribes and
Alaskan Native Villages which are not otherwise eligible to
receive either grants from the Administrator under this
subsection or assistance from State revolving funds established
under this subsection. Such grants may only be used for
expenditures by such tribes and villages for public water
system expenditures referred to in paragraph (1)(B).
``(8) Other areas.--Of the funds annually available under
this section for grants to States, the Administrator shall make
allotments in accordance with section 1443(a)(4) for the
District of Columbia, the Virgin Islands, the Commonwealth of
the Northern Mariana Islands, American Samoa, Guam, and the
Republic of Palau. The grants allotted as provided in this
paragraph may be provided by the Administrator to the
governments of such areas, to public water systems in such
areas, or to both, to be used for the public water system
expenditures referred to in paragraph (1)(B). Such grants shall
not be deposited in revolving funds. The total allotment of
grants under this subsection for all areas described in this
paragraph in any fiscal year shall not exceed 1 percent of the
aggregate amount made available to carry out this subsection in
that fiscal year.
``(9) Additional set-asides.--Any State exercising primary
enforcement responsibility for public water systems may use up
to 4 percent of the annual grants under this subsection
allotted to that State for the following:
``(A) To establish and implement wellhead
protection programs under section 1428.
``(B) For a period of 5 years after the
Administrator publishes guidance under section 1428(l),
to establish and implement source water assessment
programs under section 1428.
``(C) For a 7-fiscal year period after guidelines
are issued under section 1419(a), to develop and
implement a viability program under section 1419(b) and
assess viability under section 1419(e).
Not more than 2 percent of such annual grant allotment for any
such State in any fiscal year may be used by that State for
purpose of subparagraph (C). If any State exercising primary
enforcement responsibility for public water systems adopts a
petition program under section 1428(m), the State may use not
more than 1 percent of the grant under this subsection allotted
to the State in any fiscal year for establishing and
implementing such program. No such funds shall be used for such
a petition program if the State fails to implement the program.
``(10) Demonstration project for state of virginia.--
Notwithstanding the other provisions of this subsection
limiting the use of funds deposited in a State revolving fund
from any State allotment, the State of Virginia may, as a
single demonstration and with the approval of the Virginia
General Assembly and the Administrator, conduct a program to
demonstrate alternative approaches to intergovernmental
coordination to assist in the financing of new drinking water
facilities in the following rural communities in southwestern
Virginia where none exists on the date of the enactment of the
Safe Drinking Water Act Amendments of 1994 and where such
communities are experiencing economic hardship: Lee County,
Wise County, Scott County, Dickenson County, Russell County,
Buchanan County, Tazewell County, and the city of Norton,
Virginia. The funds allotted to that State and deposited in the
State revolving fund may be loaned to a regional endowment fund
for the purpose set forth in this paragraph under a plan to be
approved by the Administrator. The plan may include an advisory
group that includes representatives of such counties.
``(11) Authorization of appropriations.--There is
authorized to be appropriated to carry out the purposes of this
subsection $599,000,000 for the fiscal year 1994 and
$1,000,000,000 for each of the fiscal years 1995, 1996, and
1997, and such sums as may be necessary thereafter. Sums shall
remain available until expended.''.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall report to the Congress, after notice and public
comment, on the appropriateness of using State revolving funds under
section 1443(c) of the Public Health Service Act for acquisition of
real property or interests therein from willing sellers where such
acquisition is undertaken in addition to, or as an alternative to,
system development as a means of complying with national primary
drinking water regulations. The review of the use of such funds shall
examine any cost savings and environmental benefits for safe drinking
water and any problems related thereto.
(c) Technical Assistance.--(1) The Administrator of the
Environmental Protection Agency may provide technical assistance to
small public water systems to enable such systems to achieve and
maintain compliance with applicable national primary drinking water
regulations. Such assistance may include circuit-rider programs,
training, and preliminary engineering evaluations. There is authorized
to be appropriated to the Administrator to be used for such technical
assistance $15,000,000 for the fiscal year 1994, and such sums as may
be necessary for fiscal years thereafter. No portion of any State
revolving fund established under section 1443(c) of the Public Health
Service Act and no portion of any funds made available under this
subsection may be used either directly or indirectly for lobbying
expenses. Of the total amount appropriated under this subsection, 3
percent shall be used for technical assistance to public water systems
owned or operated by Indian tribes. Nothing in this Act or the
amendments made by this Act authorizes scientific or environmental
research and development.
(2) Section 1442(g) is amended to read as follows:
``(g) [Reserved].''.
(d) Public Water Systems Supervision Grants.--Section 1443(a) is
amended as follows:
(1) Paragraph (4) is amended by adding the following at the
end thereof: ``The allotment of grant funds under this
subsection for States not exercising primary enforcement
responsibility for public water systems shall not be provided
to such States but shall be available to the Administrator for
the costs of administering this title in those States.''.
(2) Paragraph (7) is amended by striking out ``not more
than the following amounts'' and all that follows down through
the end of such paragraph and inserting ``such sums as may be
necessary for fiscal years after fiscal year 1994.''.
SEC. 19. RECORDS AND INSPECTIONS.
(a) Requirements.--Section 1445(a)(1) is amended by inserting
``(A)'' after ``(1)'' and by adding at the end the following:
``(B) Instead of using the authority under subparagraph (A) for the
purposes set forth in this paragraph or subsection (b), the
Administrator may, on a case-by-case basis, require by certified mail
any public water system to provide, on a 1-time, periodic, or
continuous basis, such records, reports, and information as the
Administrator may reasonably require in determining whether such system
has acted or is acting in compliance with this title. The Administrator
shall provide the State exercising primary enforcement responsibility
for public water systems a copy of such certified mail. This
subparagraph shall not be construed to change any requirements of other
applicable laws, such as the Paperwork Reduction Act of 1980. Nothing
in this subparagraph shall be construed to affect the authority of the
Administrator to use the authority of subsection (b) to determine
compliance with this title.''.
(b) Penalties.--Section 1445(c) is amended by adding at the end the
following: ``Such penalty may be assessed by the Administrator after
notice and opportunity for a public hearing on the record in accordance
with section 554 of title 5 of the United States Code.''.
SEC. 20. MONITORING FOR UNREGULATED CONTAMINANTS.
Section 1445(a) is amended as follows:
(1) By adding at the end of paragraph (2) the following
sentence: ``Within 24 months after the enactment of the Safe
Drinking Water Act Amendments of 1994 and every 5 years
thereafter, the Administrator shall review and, if necessary,
revise the list of unregulated contaminants for which
monitoring is required.''.
(2) In paragraph (3), by inserting ``not more than 40''
after ``shall list'' in the first sentence.
(3) In paragraph (4), by adding at the end thereof: ``Prior
to the 24-month deadline established under subsection (g), the
State, where it is exercising primary enforcement
responsibility for public water systems under this title, shall
provide the results of such monitoring to the Administrator for
inclusion in the occurrence data base under subsection (g).''.
SEC. 21. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following new subsection at
the end thereof:
``(g) Occurrence Data Base.--Not later than 24 months after
enactment of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall assemble and maintain a national drinking water
occurrence data base, using monitoring data on the occurrence of both
regulated and unregulated contaminants in public water supply systems
obtained under subsection (a) of this section, and information from
other public and private sources.''.
SEC. 22. GENERAL PROVISIONS.
(a) Guidelines.--Section 1450 is amended by adding the following at
the end thereof:
``(j) Guidelines.--(1) All guidelines issued by the Administrator
for States exercising primary enforcement responsibility for public
water systems for any purpose pursuant to any requirement established
by the Safe Drinking Water Act Amendments of 1994 shall be published in
the Federal Register and shall remain in effect until changed by the
Administrator in accordance with the same procedure as they were
established. Such guidelines shall not be considered to be rules and
shall not be enforceable as rules. Adoption by a State of a program
covered by such guidelines and approval of the program by the
Administrator shall be treated as an agreement by the State with, and
acceptance of, the guidelines.
``(2) Except as otherwise provided in this title, failure of a
State to abide by a guideline referred to in paragraph (1) shall not be
a basis for the State's loss of primary enforcement responsibility for
public water systems.
``(3) The Administrator shall order a State to halt use of a
monitoring relief program under section 1418 to which any guideline
referred to in paragraph (1) applies if the Administrator makes a
finding, in writing, after notice to the State, that the State has
failed to comply with such guideline and gives the State at least 90
days to correct the alleged problem.
``(4) The Administrator may, in the Administrator's discretion,
reduce by 50 percent the amount of grants otherwise made available to
the State in any fiscal year under section 1443(c) (relating to State
revolving funds) if the Administrator makes a finding in writing, after
notice to the State, that the State has failed to comply with any
guideline referred to in paragraph (1) and gives the State at least 90
days to correct the alleged problem.''.
(b) Whistle Blower.--Section 1450(i) is amended as follows:
(1) Amend paragraph (2)(A) by striking ``30 days'' and
inserting ``180 days'' and by inserting before the period at
the end ``and the Environmental Protection Agency''.
(2) Amend paragraph (2)(B)(i) by inserting before the last
sentence the following: ``Upon conclusion of such hearing and
the issuance of a recommended decision that the complaint has
merit, the Secretary shall issue a preliminary order providing
the relief prescribed in clause (ii), but may not order
compensatory damages pending a final order.''.
(3) Amend paragraph (2)(B)(ii) by inserting ``and'' before
``(III)'' and by striking ``compensatory damages, and (IV)
where appropriate, exemplary damages'' and inserting ``and the
Secretary may order such person to provide compensatory damages
to the complainant''.
(4) Redesignate paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively, and insert
after paragraph (2) the following:
``(3)(A) The Secretary shall dismiss a complaint filed under
paragraph (1), and shall not conduct the investigation required under
paragraph (2), unless the complainant has made a prima facie showing
that any behavior described in subparagraphs (A) through (C) of
paragraph (1) was a contributing factor in the unfavorable personnel
action alleged in the complaint.
``(B) Notwithstanding a finding by the Secretary that the complaint
has made the showing required by paragraph (1)(A), no investigation
required under paragraph (2) shall be conducted if the employer
demonstrates, by clear and convincing evidence, that it would have
taken the same unfavorable personnel action in the absence of such
behavior.
``(C) The Secretary may determine that a violation of paragraph (1)
has occurred only if the complainant has demonstrated that any behavior
described in subparagraphs (A) through (C) of paragraph (1) was a
contributing factor in the unfavorable personnel action alleged in the
complaint.
``(D) Relief may not be ordered under paragraph (2) if the employer
demonstrates clear and convincing evidence that it would have taken the
same unfavorable personnel action in the absence of such behavior.''.
(5) Add at the end the following:
``(8) This subsection may not be construed to expand, diminish, or
otherwise affect any right otherwise available to an employee under
Federal or State law to reduce the employee's discharge or other
discriminatory action taken by the employer against the employee. The
provisions of this subsection shall be prominently posted in any place
of employment to which this subsection applies.''.
(c) Effective Date.--The amendments made by subsection (b) shall
apply to claims filed under section 1450(i) of the Public Health
Service Act on or after the date of the enactment of this Act.
SEC. 23. ADMINISTRATIVE PENALTIES.
Part E is amended by adding at the end the following new section:
``SEC. 1452. ADMINISTRATIVE PENALTIES.
``(a) In General.--The Administrator may assess an administrative
penalty for violations of section 1412, 1415, 1416, or 1442(h). Such a
penalty may only be assessed--
``(1) after providing notice (in accordance with section
1414(a)(1)(A)) of at least 45 days of the Administrator's
intention to assess such penalty to the State exercising
primary enforcement responsibility for public water systems and
to the public water system in violation of such section, and
``(2) after opportunity for a hearing on the record in
accordance with section 554 of title 5, United States Code.
``(b) Penalty.--The penalty under subsection (a) shall be not more
than $5,000 per day of violation. The total penalty under such
subsection shall not exceed--
``(1) $50,000 for violation of section 1442(h) (relating to
minimum standards for certification of operators and
laboratories), or
``(2) $90,000 in the case of violations of sections 1412,
1415, and 1416.
In assessing such penalties, the Administrator shall consider the size
of the public water system, the ability of the system to operate in
compliance with this title, the seriousness of the violation, the
economic impact of such violation, and history of violations.''.
SEC. 24. WATER RETURN.
Part E is amended by adding at the end the following:
``SEC. 1453. WATER RETURN.
``Not later than 18 months after the date of the enactment of the
Safe Drinking Water Act Amendments of 1994, the Administrator shall
issue, after public notice, guidelines to assist public water systems
in assessing the conditions, when it is consistent with the
requirements and public health objectives of this title, to return
water from the public water system used for heat pumps and similar
devices to the distribution system of the public water system.''.
SEC. 25. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the following:
``SEC. 1454. WATER CONSERVATION PLAN.
``(a) Guidelines.--Not later than 1 year after the date of the
enactment of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall publish in the Federal Register guidelines for
water conservation plans for public water systems serving fewer than
3,300 persons, public water systems serving between 3,300 and 10,000
persons, and public water systems serving more than 10,000 persons,
taking into consideration such factors as water availability and
climate.
``(b) SRF Loans or Grants.--Within 1 year after publication of the
guidelines under subsection (a), a State exercising primary enforcement
responsibility for public water systems may require a public water
system, as a condition of receiving a loan or grant from a State
revolving fund under section 1443(c), to submit with its application
for such loan or grant a water conservation plan consistent with such
guidelines.''.
SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDENTIAL WATER TREATMENT
UNITS.
Part F is amended by adding at the end the following:
``SEC. 1466. SUBMERSIBLE PUMPS.
``(a) In General.--(1) Except as provided in subsection (b), within
3 years after the date of the enactment of the Safe Drinking Water Act
Amendments of 1994 the Administrator shall promulgate regulations
containing a health effects based performance standard establishing
minimal leaching levels of lead from new submersible pumps reasonably
anticipated to be used in domestic water wells, taking into account
marketing and sales information and other relevant factors. Such
standard shall apply to new pumps manufactured for, or first introduced
into, interstate commerce after the effective date of the regulation
promulgating the standard.
``(2) At a minimum, the standard under this section shall not allow
lead concentration in drinking water to increase by more than 15 parts
per billion (ppb) when in prolonged contact with the pump. Such
standard shall be effective 3 years after the date of its promulgation
or at such earlier time as the Administrator determines that pumps
subject to paragraph (1) can reasonably be anticipated to be in
compliance with such standards.
``(b) Exception.--(1) If the Administrator determines, after notice
and opportunity for public comment, that--
``(A) voluntary standards have been developed that are at
least as protective as the minimum standard described in
subsection (a)(2), and
``(B) pumps subject to paragraph (1) of subsection (a) can
reasonably be anticipated to be in compliance with such
voluntary standards within 6 years after the date of the
enactment of the Safe Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations establishing the
standard under subsection (a) or, if such regulations have been
promulgated, provide that such regulations shall not take effect or be
enforced.
``(2) Within 2 years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994, the Administrator shall
determine, after notice and opportunity for public comment, whether new
submersible pumps which convey drinking water and which contain brass
alloys containing 0.2 percent lead or more are being manufactured for,
or first introduced into, interstate commerce. If the Administrator
determines, at that time, that such pumps are not being manufactured
for, or first introduced into, interstate commerce, the Administrator
shall not promulgate regulations establishing the standard under
subsection (a) or make a determination under subsection (b)(1) or if
such regulations have been promulgated, provided that such regulations
shall not take effect or be enforced.
``SEC. 1467. FITTINGS.
``(a) In General.--Within 1 year after the date of the enactment of
the Safe Drinking Water Act Amendments of 1994, the Administrator shall
determine if--
``(1) voluntary standards for new plumbing fittings
manufactured for or introduced into interstate commerce which
convey drinking water have been developed that are at least as
protective of human health as the minimum performance standard
promulgated under subsection (b), and
``(2) such fittings can reasonably be anticipated to comply
with such standards within 5 years after such date of
enactment.
``(b) Regulations.--If the Administrator determines that such
voluntary standards for new plumbing fittings which convey drinking
water have not been developed or that such fittings cannot reasonably
be anticipated to comply, within 5 years of such date of enactment,
with such voluntary standards, the Administrator shall, within 2 years
after the date of such determination, promulgate regulations setting a
health effects based performance standard establishing minimal leaching
levels of lead from such new plumbing fittings. Such regulation shall
take effect 3 years after the date of such promulgation. Under such
regulation, such fittings shall not cause lead concentration in
drinking water to increase by more than 15 parts per billion when in
prolonged contact with such fitting.
``SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.
``(a) In General.--Any person who manufactures or first introduces
in interstate commerce any new submersible pump or new plumbing fitting
which violates any requirement established by the Administrator by
regulation under section 1466 or 1467, shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000 for each
such violation. To assess such civil penalty, the Administrator shall,
after notice and opportunity for hearing on the record in accordance
with sections 554 and 556 of title 5, United States Code, issue an
order assessing such civil penalty.
``(b) Actions.--The Administrator may commence a civil action to
enjoin any violation of section 1466 or 1467 or to assess and recover
any civil penalty under subsection (a). Any such action may be brought
in the district court of the United States for the district in which
the violation is alleged to have occurred or in which the defendant
resides or has the defendant's principal place of business. Such a
court shall have jurisdiction to issue injunctive relief and to assess
a civil penalty.
``(c) Order.--The Administrator may issue an order to require any
person to comply with any requirement of section 1466 or 1467.
``(d) Future Compliance.--The Administrator shall periodically
evaluate compliance with the standards under sections 1466 and 1467.
``SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.
``(a) FTC Investigation.--The Federal Trade Commission, in
consultation with the Administrator of the Environmental Protection
Agency, shall conduct an investigation, pursuant to the Federal Trade
Commission Act, into the veracity of claims that devices manufactured,
sold, or distributed in interstate commerce for use in single and
multi-family residences will improve the quality of drinking water or
eliminate or reduce the level of 1 or more drinking water contaminants
(for which a national primary drinking water regulation is promulgated
under the Safe Drinking Water Act) and shall take such action pursuant
to section 5 of such Act against any person who introduces, delivers
for introduction, sells, advertises, or offers for sale, in interstate
commerce, such devices as the Commission deems appropriate to ensure
that such claims are consistent with the requirements of that Act and
any applicable decisions and orders of the Commission under section 5
of that Act. The Commission shall, consistent with the requirements of
such Act, report the results of its investigation and the actions it
takes to the Congress within 2 years after enactment of this Act. The
Commission may, from time to time, issue rules (pursuant to section 553
of title 5 of the United States Code) and any violation of such rules
shall be treated by the Commission as a violation of a rule under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
``(b) EPA Report.--The Administrator, taking into account any
available results of such study, shall, within 3 years after the date
of the enactment of the Safe Drinking Water Act Amendments of 1994,
submit a report to Congress containing recommendations regarding the
effectiveness of such devices, and recommendations for legislation, to
the extent necessary to assure the effectiveness of such devices in
reducing the level of drinking water contaminants.''.
SEC. 27. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
349) is amended--
(1) by striking ``Whenever'' and inserting ``(a) Except as
provided in subsection (b), whenever''; and
(2) by adding at the end thereof the following new
subsection:
``(b) Bottled Drinking Water Standards.--(1) Not later than 180
days after the Administrator of the Environmental Protection Agency
promulgates a national primary drinking water regulation for a
contaminant under section 1412 of the Public Health Service Act (42
U.S.C. 300g-1), the Secretary, after public notice and comment, shall
issue a regulation under this subsection for that contaminant in
bottled water or make a finding that such a regulation is not necessary
to protect the public health because the contaminant is contained in
water in public water systems (as defined under section 1401(4) of such
Act (42 U.S.C. 300f(4)) but not in water used for bottled drinking
water. In the case of contaminants for which national primary drinking
water regulations were promulgated under such section 1412 before the
date of enactment of the Safe Drinking Water Act Amendments of 1994,
the Secretary shall issue such regulation within 1 year after such date
of enactment.
``(2) A regulation issued by the Secretary as provided in this
subsection shall include any monitoring requirements that the Secretary
determines appropriate for bottled water.
``(3) A regulation issued by the Secretary as provided in this
subsection shall require the following:
``(A) In the case of contaminants for which a maximum
contaminant level is established in a national primary drinking
water regulation under section 1412 of the Public Health
Service Act, the regulation under this subsection shall
establish a maximum contaminant level for the contaminant in
bottled water which is at least as stringent as the maximum
contaminant level provided in the national primary drinking
water regulation.
``(B) In the case of contaminants for which a treatment
technique is established in a national primary drinking water
regulation under section 1412 of the Public Health Service Act,
the regulation under this subsection shall require that bottled
water be subject to requirements no less protective of the
public health than those applicable to water provided by public
water systems using the treatment technique required by the
national primary drinking water regulation.
``(4)(A) If the Secretary fails to establish a regulation under
this subsection within the 180-day period described in paragraph (1),
the national primary drinking water regulation referred to in paragraph
(1) shall be considered, as of the date on which the Secretary is
required to establish a regulation under paragraph (1), as the
regulation applicable under this subsection to bottled water.
``(B) Not later than 30 days after the end of the 180-day period,
or the 1-year period if applicable, described in paragraph (1), the
Secretary shall, with respect to a national primary drinking water
regulation that is considered applicable to bottled water as provided
in subparagraph (A), publish a notice in the Federal Register that--
``(i) sets forth the requirements of the national primary
drinking water regulation, including monitoring requirements,
which shall be applicable to bottled water, and
``(ii) provides that such requirements shall take effect on
the date on which the national primary drinking water
regulation for the contaminant takes effect under section 1412
of the Public Health Service Act (or in the case of national
primary drinking water regulations promulgated before the
enactment of the Safe Drinking Water Act Amendments of 1994, on
the date 18 months after the enactment of such Act).''.
SEC. 28. ARSENIC.
(a) Study.--Subject to availability of appropriations, the
Administrator of the Environmental Protection Agency shall enter into
an agreement with the National Academy of Sciences to conduct a
comprehensive study of the human health effects of arsenic (which is
subject to regulation as a contaminant under the Safe Drinking Water
Act), taking into consideration the fact that arsenic occurs naturally.
Such study shall be completed within 2 years of the date the agreement
is entered into. A report shall be transmitted to the Administrator of
the Environmental Protection Agency for purposes of subsection (b).
(b) Regulation.--
(1) Proposed regulation.--Not later than December 31, 1996,
the Administrator of the Environmental Protection Agency shall
propose a national primary drinking water regulation for
arsenic. If the study under subsection (a) is begun before May
31, 1996, the Administrator may not, except as provided in
paragraph (2), promulgate such regulation until the National
Academy of Sciences has issued a report under such subsection.
When the National Academy of Sciences issues such report, the
Administrator shall reopen the comment period on the proposed
regulation for 60 days.
(2) Regulation.--The Administrator shall promulgate a
national primary drinking water regulation for arsenic not
later than December 31, 1999, except that the Administrator may
extend such date for 1 year if the Administrator has issued a
new proposed regulation for arsenic. The Administrator may
promulgate such regulation prior to such date if the
Administrator finds that arsenic in drinking water is
associated with an imminent and substantial endangerment to the
health of persons and publishes such determination in the
Federal Register.
(3) Standard setting process.--In issuing the national
primary drinking water regulation for arsenic, the
Administrator may promulgate a national primary drinking water
regulation pursuant to section 1412(b)(5)(A) and (B) of the
Safe Drinking Water Act.
SEC. 29. DEFINITIONS.
(a) Piped Water.--Section 1401 is amended by adding at the end the
following:
``(15) The term `piped water' means, in addition to water
carried in pipes, water carried in culverts, canals, or similar
conveyances. Such term does not include irrigation water
provided to incidental nonagricultural users if the
Administrator or State (in the case of a State exercising
primary enforcement responsibility for public water systems)
determines that alternative drinking water to achieve the
equivalent level of health protection provided by the
applicable national primary drinking water regulations is
provided for drinking, cooking, and bathing, or where the
Administrator or State (in the case of a State exercising
primary enforcement responsibility for public water systems)
determines that the water provided for drinking, cooking, and
bathing is treated by the provider of such irrigation water, or
a pass-through entity providing water for drinking, cooking,
and bathing, to achieve the equivalent level of health
protection provided by the applicable national primary drinking
water regulations. This paragraph shall not be construed to
affect the meaning of the term `human consumption' as used in
any other provision of this title. As used in this paragraph,
the term `conveyance' does not include rivers, streams, lakes,
or ponds. Nothing in this paragraph shall create new or
additional requirements for public water system.''.
(b) Alternative Quality Control and Testing Procedures.--Section
1401(1)(D) is amended by adding the following at the end thereof: ``At
any time after promulgation of a regulation referred to in this
paragraph, the Administrator may add equally effective quality control
and testing procedures by guidance published in the Federal Register.
Such procedures shall be treated as an alternative for public water
systems to the quality control and testing procedures listed in the
regulation.''.
SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION AGENCY ADMINISTERED
PROGRAMS.
For States and Indian Tribes in which the Administrator of the
Environmental Protection Agency has revoked primary enforcement
responsibility under part B of title XIV of the Public Health Service
Act (the Safe Drinking Water Act) or is otherwise administering such
title, the Administrator shall provide every 2 years, a report to
Congress on the implementation by the Administrator of all applicable
requirements of that title in such States.
SEC. 31. GENERAL AUTHORIZATION.
(a) In General.--Part A is amended by adding the following new
section after section 1401:
``SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this title for the first 8
fiscal years following the enactment of the Safe Drinking Water Act
Amendments of 1994.''.
(b) Conforming Amendments.--The heading for part A is amended to
read as follows:
``Part A--General Provisions''.
SEC. 32. CLERICAL AMENDMENT.
Section 1421(b)(3)(B)(i) is amended by striking ``number or
States'' and inserting ``number of States''.
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