[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 767 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 767
To amend title XIV of the Public Health Service Act (commonly known as
the ``Safe Drinking Water Act'') to redirect and extend Federal and
State activities to protect public water supplies in the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2 (legislative day, March 3), 1993
Mr. Nickles introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title XIV of the Public Health Service Act (commonly known as
the ``Safe Drinking Water Act'') to redirect and extend Federal and
State activities to protect public water supplies in the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Water Supply
Protection Act of 1993''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
TITLE I--DEFINITIONS
Sec. 101. Definitions.
TITLE II--PUBLIC WATER SYSTEMS
Sec. 201. National primary drinking water regulations.
Sec. 202. Water supply protection programs.
Sec. 203. Implementation amendments.
TITLE III--PROTECTION OF UNDERGROUND SOURCE OF DRINKING WATER
Sec. 301. State programs to establish wellhead protection areas.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Research, technical assistance, information, training of
personnel.
Sec. 402. Grants for State programs.
Sec. 403. Records and inspections.
Sec. 404. Authorization of appropriations.
(c) References to the Public Health Service Act.--Wherever 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 the Public
Health Service Act (42 U.S.C. 201 et seq.).
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) according to the Forum on Environmental Management
of the Environmental Protection Agency, the basic problems that
motivated passage of title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act) (42 U.S.C. 300f
et seq.) as described in House Report No. 93-1185 (ordered to
be printed on July 10, 1974, 93d Congress, 2d Session) have
been substantially addressed, and it is time for the
transformation of the drinking water program into a routine
Federal and State function that ensures--
(i) the continued supervision of public water
systems; and
(ii) the issuance of additional regulations to
address the discovery of any meaningful threat to
public health;
(B) the number of public water systems under direct
supervision has grown from 25,000 to 220,000;
(C) the number of drinking water standards promulgated
under title XIV of the Public Health Service Act (commonly
known as the ``Safe Drinking Water Act'') has grown from 11 to
84;
(D) the number of States adopting the Federal standards
under such title has grown from 14 to 48;
(E) despite a more than three-fold growth in the number of
regulated public water systems of communities--
(i) the percentage of public water systems of
communities in full compliance with the bacteriological
monitoring requirements of such title has grown from 15
percent to 83 percent (97 percent if compliance within
3 months of violation notification is included);
(ii) full compliance with the bacteriological
standard under such title is over 91 percent;
(iii) full compliance with chemical monitoring
requirements under such title has grown from 10 percent
to over 95 percent; and
(iv) full compliance with chemical standards
promulgated under such title is over 99 percent;
(F) the number of health advisory documents relating to
such title has grown from 15 to over 100; and
(G) State program budgets relating to such title have grown
from $27,000,000 to over $81,000,000 in State funds and to
$58,900,000 in Federal grants;
(2) the Federal water supply protection authority in
existence on the date of enactment of this Act does not provide
for redirection of program activities upon recognition of
program maturation;
(3)(A) the concept of relative risk management has been
significantly expanded during the last decade; and
(B) the ability of the scientific community to define and
rank risks has grown to a point where local, State, and Federal
decisions on how to target limited health protection resources
could be based on risk management priorities;
(4) the Federal water supply authority in existence on the
date of enactment of this Act does not--
(A) authorize reliance on risk management
principles in the development of Federal requirements;
(B) encourage integration of the water supply
protection program with other local, State, and Federal
health initiatives;
(C) authorize regulatory discretion if quantifiable
risks in public water supplies fall well below natural
background risks or are de minimis in nature; and
(D) allow direct local and citizen risk management
decisionmaking for small risks, especially those with
large cost consequences;
(5)(A) the state-of-the-art of pollution prevention and
protection of water sources has grown substantially during the
last decade;
(B) 38 States have adopted wellhead protection programs;
(C) the scientific methods needed to support geographic and
locational pollution prevention activities are available to
permit significant expansion of pollution prevention as a
primary means to protect water supply sources; and
(D) Federal water supply authority in existence on the date
of enactment of this Act does not--
(i) authorize the exploitation of the methods
referred to in subparagraph (C) or the replacement of
regulatory approaches with more effective and lower
cost local and State water supply protection practices;
and
(ii) require the integration of water supply
protection activities among Federal agencies;
(6)(A) growth in the development and approval of low-cost
small flow water treatment equipment during the 20-year period
preceding the date of enactment of this Act has made high
quality water treatment achievable by even the smallest public
water systems; and
(B) the Federal water protection authority in existence on
the date of enactment of this Act does not--
(i) encourage the development and use of these
technologies, or
(ii) permit Federal, State, and local governments
to apply cost-efficient mixes of water treatment
techniques to comply with Federal requirements;
(7)(A) the growth in sophistication and coverage of
analytical water chemistry has resulted in the commercial
capability to measure the presence and concentration of trace
amounts of hundreds of natural and man-made materials in
drinking water;
(B) the annual household cost of monitoring requirements in
effect on the date of enactment of this Act in small public
water systems is greater than the cost of delivering the water
in the systems; and
(C) the Federal water supply authority in existence on the
date of enactment of this Act does not provide direction
concerning methods to balance the use of these high-cost
analytical techniques against the need for information
concerning the status of risks to water supplies;
(8)(A) to fully implement the regulatory program in
existence on the date of enactment of this Act, the amount of
financial resources needed by the States is twice the amount
available on the date of enactment of this Act;
(B) the shortfall referred to in subparagraph (A) is
expected to grow to 3 times the level that is fundable for the
fiscal year 1997; and
(C) a comparison of remaining unaddressed water supply
risks with risks that could be prevented by other State funded
health programs, such as the medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.), suggest
that investment in water supply at the cost of other health
care programs is justified only in a minority of cases; and
(9)(A) State representatives have strongly supported
changes to the authorities in existence on the date of
enactment of this Act that would allow a greater degree of
flexibility to the States in selecting and funding State health
protection priorities; and
(B) the authority in existence on the date of enactment of
this Act provides inadequate discretion to the Administrator of
the Environmental Protection Agency for evaluating proposed
State water supply protection implementation plans, as required
for the maintenance of primary enforcement authority and
receipt of Federal grants.
TITLE I--DEFINITIONS
SEC. 101. DEFINITIONS.
Section 1401 (42 U.S.C. 300f) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) The term `primary drinking water regulation' means a
regulation that meets the following requirements:
``(A) The regulation applies to public water
systems.
``(B) The regulation specifies a contaminant (or
group of contaminants) in any form that is reasonably
expected to be found in finished water that the
Administrator, using realistic assumptions about human
consumption, determines would pose an unacceptable risk
to public health or welfare.
``(C) The regulation specifies, for each
contaminant, group of contaminants, or representative
indicator contaminant, one or more of the requirements
described in clause (ii) that the Administrator
determines is likely to afford the most cost-effective
means of protecting the public from unacceptable risks
to human health.
``(ii) The requirements described in this
clause are--
``(I) a maximum contaminant level;
``(II) a drinking water treatment
requirement; and
``(III) a drinking water source
protection requirement.
``(D) The regulation contains criteria and
procedures to ensure a supply of drinking water that
complies with each applicable maximum contaminant level
or requirement at reasonable cost, including--
``(i) a vulnerability assessment (if
appropriate);
``(ii) procedural and analytical quality
control; and
``(iii) testing and recordkeeping
procedures,
to ensure compliance with and targeting of the
requirements, and operation and maintenance of the
public water system.'';
(2) in paragraph (3), by striking ``which is delivered''
and all that follows through the end of the paragraph and
inserting ``that is delivered to the service line of any user
of a public water system.'';
(3) in paragraph (6), by inserting before the period the
following: ``of public health or welfare concern''; and
(4) by adding at the end the following new paragraphs:
``(15) The term `drinking water source protection
requirement' means a set of criteria to assess the adequacy of
proposed control and management activities that--
``(A) may be used in lieu of, or in conjunction
with, a drinking water treatment requirement; and
``(B) will sufficiently ensure the protection of
drinking water sources so that finished water does not
pose an unacceptable risk to human health.
``(16) The term `drinking water treatment requirement'
means a requirement under a regulation promulgated by the
Administrator under this title that specifies the use of water
treatment equipment. The term may include any point-of-use or
point-of-entry application that the Administrator determines to
produce water for consumption and normal dermal contact that
does not pose an unacceptable risk to public health and
welfare.
``(17) The term `individual lifetime risk' means the
maximum expected likelihood estimate of risk to an individual,
based on appropriate toxicological studies and realistic human
consumption and exposure assumptions.
``(18) The term `representative indicator contaminant'
means a contaminant--
``(A) that indicates the presence of a group of
contaminants; and
``(B) with respect to which the removal from water
would signal a similar level of removal of the other
contaminants in the group.
``(19) The term `vulnerability assessment' means a
reasonable and accurate assessment of the vulnerability of a
public water system to contamination.''.
TITLE II--PUBLIC WATER SYSTEMS
SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULATIONS.
Title XIV is amended by inserting after section 1411 (42 U.S.C.
300g) the following new section:
``SEC. 1411A. NATIONAL PRIMARY DRINKING WATER REGULATIONS.
``(a) In General.--If the Administrator determines that a
contaminant (or group of contaminants) is known, or reasonably
anticipated, to occur in drinking water or a source of drinking water
at a level that would, on the basis of a reasonable assumption
concerning human water consumption and use (in any form), poses an
unacceptable risk to public health or welfare (as defined in subsection
(b)), the Administrator shall promulgate national primary drinking
water regulations consisting of one, or a combination of the following
requirements, as determined under subsection (e):
``(1) Maximum contaminant levels.
``(2) Drinking water treatment requirements.
``(3) Drinking water source protection requirements.
``(b) Assessment of Risk to Human Health.--
``(1) In general.--The Administrator shall determine that a
contaminant (or group of contaminants) poses an unacceptable
risk to public health or welfare if the Administrator
determines that one or more of the following conditions exist:
``(A) The exposure to the contaminant (or group of
contaminants), as determined on the basis of reasonable
exposure assumptions adjusted (if appropriate) to
reflect local or regional patterns of behavior, would
reasonably be expected to result in a waterborne
disease, clinical degradation of human health, or a
significant probability of chronic health risk in the
public served by the public water system.
``(B) Risks posed by the contaminant are no less
than natural background risks.
``(C) The exposure poses a chronic risk that is not
a de minimus risk (as determined under paragraph (2)).
``(2) Determination of de minimus risk.--As used in
paragraph (1)(C), a chronic risk shall not be determined to be
a de minimus risk if at least 1 case of clinical health
degradation would be expected to arise in the population served
by an affected public water system over the 80-year period
following the date of determination of the risk as a result of
exposure to the combined exposure to all contaminants regulated
under this title that are known to pose a chronic threat to
human health (referred to in this section as `chronic
contaminants') found in the water of the public water system.
``(c) Standard.--
``(1) In general.--Each maximum contaminant level referred
to in subsection (a)(1) shall incorporate a reasonable margin
of safety, and shall take into account--
``(A) the significance of ambient exposures from
drinking water in light of natural background risks to
health and other exposures to the contaminants; and
``(B) the incremental cost of risk-reduction in
comparison to other health and medical expenditures of
equal or greater national and local significance to
health care that the Administrator determines to be
reasonably expected.
``(2) Reasonable margin of safety.--For the purposes of
this subsection, a reasonable margin of safety shall be--
``(A) for a risk exhibiting a threshold effect,
approximately one-tenth the level at which there is no
observable adverse effect on the most sensitive human
population (as defined and determined by the
Administrator);
``(B) for a case in which a level referred to in
subparagraph (A) is not available, a safety factor of
approximately 100; and
``(C) fully incorporated in any determination under
this subsection for a contaminant that the
Administrator does not expect the expected to exhibit a
threshold effect, if the standard is established at a
level of an individual lifetime risk of approximately 1
in 10,000.
``(3) De minimus risks.--A maximum contaminant level
referred to subsection (a) shall only apply to a public water
system with respect to which at least 1 case of clinical health
degradation occurs during the 80-year period beginning on the
date of the promulgation of the maximum contaminant level in
the public served by the system as a result of exposure to the
combined exposure to all contaminants regulated under this
title that are known to pose a chronic threat to human health
(referred to in this section as `chronic contaminants') found
in the water of the public water system.
``(d) Vulnerability Assessment.--
``(1) Assessment.--Each primary drinking water regulation
promulgated pursuant to subsection (a) that--
``(A) includes a standard for a chronic
contaminant; or
``(B) requires the application of treatment or
source protection,
may include requirements for a vulnerability assessment.
``(2) Drinking water requirements linked to assessment.--
Each drinking water requirement under the national primary
drinking water regulations promulgated under subsection (a)
shall take into account a realistic estimation of the
vulnerability of a public water system to each contaminant that
is the subject of the requirement.
``(3) Classes of public water systems vulnerable to
risks.--The Administrator may declare a class of public water
systems vulnerable to risks. The Administrator shall delegate
to each State with primary enforcement authority under this
title the authority to determine whether a specific public
water system is vulnerable in a case in which site-by-site
judgment is required, or in a case in which site-specific or
State-specific conditions exclude the public water system from
the class.
``(e) Technology.--
``(1) In general.--The national primary drinking water
regulations promulgated pursuant to subsection (a) shall be
based on the use of the best technology, treatment techniques,
and other means that the Administrator determines to be
available after examining the technology, treatment technique,
or other means for efficacy under field conditions and not
solely under laboratory conditions.
``(2) Application of drinking water treatment requirements
and source protection.--The Administrator shall require
application of a treatment requirement and source protection
requirement promulgated pursuant to paragraphs (2) and (3),
respectively, of subsection (a) and subject to variances and
exemptions, if--
``(A) the application of the best available water
treatment technology cannot reduce ambient levels of a
contaminant that are representative of the ambient
levels of the contaminant in public water systems to
the maximum contaminant level that would otherwise be
promulgated for the contaminant pursuant to subsection
(a)(1); or
``(B) commercially available water quality
analytical methods are not capable of reliable
quantification at the maximum contaminant level that
would otherwise be promulgated at reasonable costs to
consumers in all sizes of public water systems.
``(f) Incremental Net Benefits.--
``(1) Analysis.--
``(A) In general.--In promulgating a regulation
pursuant to subsection (a), the Administrator shall--
``(i) examine the marginal or incremental
net benefits of proposed and final regulatory
alternatives; and
``(ii) include information on the analysis
in a preamble that shall be included with each
proposed regulation and final regulation.
``(B) Requirements for analysis.--The analysis
referred to in subparagraph (A) shall be conducted at--
``(i) the national level; and
``(ii) for model public water systems that
are representative of the full range of sizes
of public water systems.
``(2) Variances and exemptions.--
``(A) Variances.--The Administrator shall include
in the national primary drinking water regulations
promulgated under subsection (a) criteria for use by a
primary enforcement agency to grant a routine variance
to a public water system, as authorized by section
1415.
``(B) Application of criteria.--The criteria
referred to in subparagraph (A) may be used in a case
in which--
``(i) the level of the individual lifetime
risk with respect to a contaminant exceeds the
applicable maximum containment level, but
remains less than 1 in 1,000; and
``(ii) for any exemption issued under
section 1416, the marginal or incremental cost
to a public water system subject to the
exemption is significantly greater than the sum
of the marginal or incremental benefit to the
consumers served by the public water system.
``(C) Exemptions.--The Administrator shall include
in the national primary drinking water regulations
promulgated under subsection (a) criteria for use by a
primary enforcement agency to grant a routine exemption
to a public water system, as authorized by section 1416
in a case described in subparagraph (B)(ii). The
Administrator shall include criteria necessary to
determine whether the public water system can
reasonably be expected to comply with the drinking
water regulation, taking into consideration--
``(i) financial and economic conditions; or
``(ii) risk-management priorities and
inefficiencies.
``(g) Effective Date of Regulations.--Subject to subsection (l),
the Administrator shall determine the effective date of the national
primary drinking water regulations promulgated pursuant to this
section, taking into account the period of time necessary for--
``(1) the appropriate officials of public drinking water
systems to plan, design, finance, and build projects or adjust
operating practices; and
``(2) States to adopt new regulations.
``(h) No Preventative Health Care Additives.--No national primary
drinking water regulation promulgated under subsection (a) may require
the addition of any substance for preventive health care purposes that
is not related to the removal or avoidance of contaminants in drinking
water.
``(i) Administrative Procedures.--The regulations promulgated under
subsection (a) shall be promulgated in accordance with section 553 of
title 5, United States Code, except that the Administrator shall
provide an opportunity for a public hearing prior to the promulgation
of the regulations.
``(j) Consultation and Advice.--
``(1) Secretary and national drinking water advisory
council.--In proposing and promulgating regulations under
subsection (a), the Administrator shall consult with the
Secretary and the National Drinking Water Advisory Council.
``(2) Science advisory board.--
``(A) Solicitation of comments.--The Administrator
shall request comments from the Science Advisory Board
(established under section 8 of the Environmental
Research, Development, and Demonstration Authorization
Act of 1978 (42 U.S.C. 4365)) prior to proposing any
national primary drinking water regulations under
subsection (a).
``(B) Response.--If the Board responds within a
reasonable period of time after a request referred to
in subparagraph (A), the findings and recommendations
of the Board shall be included in the notice that
accompanies the proposal for national primary drinking
regulations.
``(k) Review of Regulations.--
``(1) Continuation of regulations.--
``(A) In general.--Not later than 180 days after
the date of enactment of this section, the
Administrator shall review the list of national primary
drinking water regulations in effect on the date of
enactment of this section and order the continued
implementation of regulations for each contaminant
that, as of the date of enactment of this section,
meets the criteria under subsection (a) for the
promulgation of national drinking water regulations on
the basis of the rulemaking record for the contaminant
in existence on the date of enactment of this section.
``(B) Judicial review.--An order of the
Administrator under subparagraph (A) shall not be
considered a rulemaking subject to section 553 of title
5, United States Code, but shall be subject to judicial
review.
``(C) Scope of review.--A judicial review of an
order referred to in subparagraph (A) shall be limited
to whether the rulemaking record of a contaminant
reviewed pursuant to subparagraph (A) is sufficient to
support inclusion of the contaminant under the order of
the Administrator.
``(2) Regulations not subject to continued implementation
order.--Any contaminant subject to regulation under the
national primary drinking water regulations promulgated under
subsection (a) that is not regulated under an order authorized
in paragraph (1) shall be evaluated by the Administrator and
included under the National Water Contaminant Health and
Aesthetic Quality Advisory Program established under section
1412(a).
``(3) Effect of safe drinking water act amendments.--
``(A) In general.--A regulation that has been
proposed, but not adopted, by the date of enactment of
this section pursuant to this title, shall be published
as part of the national primary drinking water
regulations promulgated under subsection (a) if the
regulation meets the criteria established in this
section.
``(B) Deadlines.--Each statutory and court ordered
deadline for a regulation described in subparagraph (A)
in effect on the day before the date of enactment of
this section shall remain in effect for the period
specified in the statute or court order, except that
the Administrator may extend a deadline referred to in
this sentence for a 6-month period beyond the date
specified for the regulation, if a significant economic
or risk assessment is required to be carried out under
this section.
``(l) Revision of Regulations.--
``(1) In general.--The Administrator may revise the
national primary drinking water regulations promulgated under
subsection (a), if on completion of a review under paragraph
(2), the Administrator determines that a change in risk
assessments, technology, treatment techniques, and water source
protection supports revision or expansion of the regulations on
the basis of the criteria used to develop the regulations, as
described in this section.
``(2) Review of new information.--The Administrator shall
review relevant information concerning risk assessments,
technology, treatment techniques, and water source protection
that might lead to the revision or expansion of the national
primary drinking water regulations not later than 5 years after
the date of enactment of this section, and every 5 years
thereafter. The Administrator shall publish the findings of the
review in the Federal Register and, if appropriate, an advance
notice of proposed rulemaking.
``(3) Petitions for development of additional
regulations.--
``(A) In general.--Not later than 180 days after
receipt of a petition for the development and
promulgation of additional national primary drinking
water regulations, the Administrator shall publish a
response to the petition in a notice in the Federal
Register. The notice shall--
``(i) provide advance notice of proposed
rulemaking; or
``(ii) state the basis for rejecting the
petition.
``(B) Final rulemaking process not mandatory.--The
commencement of a rulemaking process pursuant to a
petition shall not require the promulgation of a final
national primary drinking water regulation if the
criteria for the revision of the national primary
drinking water regulations described in this section
are not met.''.
SEC. 202. WATER SUPPLY PROTECTION PROGRAMS.
Section 1412 (42 U.S.C. 300g-1) is amended to read as follows:
``SEC. 1412. WATER SUPPLY PROTECTION PROGRAMS.
``(a) National Water Contaminant Advisory Program.--
``(1) Establishment.--The Administrator shall establish a
National Water Contaminant Health and Aesthetic Quality
Advisory Program (referred to in this section as the
`Program').
``(2) Data repository.--In carrying out the Program, the
Administrator shall establish and maintain a source of
information that is easily accessible to any interested person
or entity concerning--
``(A) contaminants that have been found in potable
water sources, finished water, water treated by point-
of-use and point-of-entry equipment, and bottled water;
``(B) the concentrations at which the contaminants
have been found;
``(C) the health effects and aesthetic
characteristics (as determined by the Administrator) of
the contaminants at various concentrations; and
``(D) the level of exposure for each contaminant
(expressed as a concentration) that the Administrator
recommends as conservatively protective to the most
sensitive human population (as defined and determined
by the Administrator) for--
``(i) a one-time exposure;
``(ii) a short-term exposure of
approximately 1 week;
``(iii) a long-term exposure of
approximately 7 years; and
``(iv) a lifelong exposure.
``(3) Conservatively protective exposures.--
``(A) In general.--The Administrator shall consider
an exposure as conservatively protective to the most
sensitive human population if, after application of a
conservative factor of safety, the Administrator
determines that the exposure is not reasonably expected
to pose a meaningful threat of an adverse effect on
human health. For the purposes of this subsection, the
Administrator may consider as conservatively protective
an exposure that is greater than a level with no
associated risk. The assumption of zero exposure shall
not be required for considering an exposure as
conservatively protective.
``(B) Long-term and lifelong exposures.--In
determining recommended long-term and lifelong
exposures for contaminants, the Administrator may rely
on information concerning the relative marginal, or
incremental net benefits, of the alternatives for a
representative range of sizes of water systems.
``(4) Net benefits.--Information concerning the net
benefits of reducing contamination to recommended long-term and
lifelong levels shall be incorporated in the health and
aesthetic quality data repository in a manner that is easily
understandable and facilitates the use by officials of public
drinking water systems and the customers of the systems.
``(5) Secondary drinking water regulations.--
``(A) Incorporation of data.--The data repository
shall incorporate data associated with national
secondary drinking water regulations promulgated under
this Act that are in effect on the date of enactment of
the Water Supply Protection Act of 1993.
``(B) Rescission of secondary regulations.--On
inclusion of the data described in subparagraph (A)
into the repository, the Administrator shall publish a
notice rescinding the secondary regulations, including
a reference to the data repository.
``(6) Primary drinking water regulations.--
``(A) Incorporation of data.--Not later than 1 year
after the date of enactment of the Water Supply
Protection Act of 1993, the Administrator shall
incorporate into the data included in the data
repository, data associated with national primary
drinking water regulations in effect on the date of
enactment of such Act that have not been promulgated as
national primary drinking regulations under section
1411A(a).
``(B) Repeal.--On inclusion of the data described
in subparagraph (A) into the data repository, the
Administrator shall publish a notice rescinding the
regulations referred to in subparagraph (A). The notice
shall include a reference to the data repository.
``(7) Electronic access.--
``(A) In general.--Subject to subparagraph (B), the
data repository may be in the form of an electronically
accessible database.
``(B) Nonelectronic access.--The Administrator
shall ensure the availability of nonelectronic access
to the data in the data repository that allows
reasonable access to the data by interested persons and
entities.
``(8) Contracting responsibility.--The Administrator may
enter into an agreement with a for-profit or nonprofit entity
for the maintenance of the data repository under this
subsection. An agreement entered into under this paragraph
shall be subject to the following conditions:
``(A) The requirements of this section shall be
fully satisfied.
``(B) The Administrator or a representative of the
Administrator shall serve in an advisory capacity to
the entity with regard to matters of the data
repository.
``(9) List of contaminants.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Water Supply Protection Act of
1993, and every 3 years thereafter, the Administrator
shall identify and list not less than 15 contaminants
that have, or may have, entered into drinking water or
drinking water supply sources for which there is
insufficient scientific data to compile the information
required under paragraph (2).
``(B) Publication.--The list referred to in
subparagraph (A) shall be published in the Federal
Register along with--
``(i) a schedule for data collection and
evaluation; and
``(ii) the amount of funds required for
timely completion of the data collection and
evaluation.
``(C) Schedule of collection of data.--The
Administrator shall collect and evaluate the data
referred to in subparagraph (B) not later than 5 years
after the date of publication of the list pursuant to
subparagraph (B), unless the Administrator demonstrates
that the funds authorized for the data collection and
evaluation were insufficient or were not made available
during the period specified in this subparagraph.
``(b) National Water Treatment Technology Advisory Program.--
``(1) Establishment.--The Administrator shall establish a
National Water Treatment Technology Advisory Program (referred
to in this subsection as the `Program').
``(2) Data repository.--In carrying out the Program, the
Administrator shall establish and maintain a source of
information that is easily accessible to interested persons and
entities concerning--
``(A) the nature, efficacy, and cost of
commercially available treatment train designs,
including designs for central, point-of-entry, and
point-of-use treatment that are capable of removing
contaminants from drinking water or preventing the
entry into drinking water of contaminants from
equipment, pipe, valve, faucet, and fixture materials;
and
``(B) demonstrations or installations of
representative treatment train applications.
``(3) Electronic access.--
``(A) In general.--The data repository referred to
in paragraph (2) may be in the form of an
electronically accessible database.
``(B) Nonelectronic access.--The Administrator
shall ensure the availability of nonelectronic access
to the data in the data repository that allows
reasonable access to the data by interested persons and
entities.
``(4) Contracting responsibility.--The Administrator may
enter into an agreement with a for-profit or nonprofit entity
for the maintenance of the repository. An agreement entered
into under this paragraph shall be subject to the following
conditions:
``(A) The requirements of this section shall be
fully satisfied.
``(B) The Administrator or a representative of the
Administrator shall serve in an advisory capacity to
the entity with regard to matters of the data
repository.
``(5) Higher education curriculum.--Not later than 1 year
after the date of enactment of the Water Supply Protection Act
of 1993, the Administrator shall develop a model curriculum for
institutions of higher education (as defined in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a))
concerning the design and packaging of small flow treatment
trains, including point-of-use and point-of-entry devices.
``(6) Annual competition.--The Administrator shall
establish an annual competition to identify and demonstrate
innovative solutions to water treatment problems, especially
low-cost solutions for small water systems. To the extent
practicable, the competition shall be carried out through
cooperative activities between appropriate officials of the
Federal Government and private business concerns.
``(c) National Drinking Water Source Protection Management
Practices Advisory Program.--
``(1) Establishment.--The Administrator shall establish a
National Drinking Water Source Protection Management Practices
Advisory Program (referred to in this section as the
`Program').
``(2) Data repository.--In carrying out the Program, the
Administrator shall establish and maintain a source of
information that is easily accessible to interested persons and
entities concerning--
``(A) the nature, efficacy, and cost of pollution
prevention, pollution control, and relevant land-use
strategies known, or expected, to prevent the
contamination of drinking water sources;
``(B) demonstrations or applications of
representative source protection practices; and
``(C) recommended source protection and management
practices associated with common contaminant scenarios
(as defined and determined by the Administrator).
``(3) Electronic access.--
``(A) In general.--Subject to subparagraph (B), the
data repository established under paragraph (2) may
form an electronically accessible database.
``(B) Nonelectronic access.--The Administrator
shall ensure the availability of nonelectronic access
to the data repository that allows reasonable access to
the data by interested persons and entities.
``(4) Contracting responsibility.--The Administrator may
enter into an agreement with a for-profit or nonprofit entity
for the maintenance of the repository. An agreement entered
into under this paragraph shall be subject to the following
conditions:
``(A) The requirements of this section shall be
fully satisfied.
``(B) The Administrator or a representative of the
Administrator shall serve in an advisory capacity to
the entity with regard to matters of the data
repository.
``(5) Higher education curriculum.--Not later than 2 years
after the date of enactment of the Water Supply Protection Act
of 1993, the Administrator shall develop a model curriculum
concerning drinking water source management and protection for
institutions of higher education (as defined in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
``(6) Competition.--The Administrator shall establish an
annual contest to identify and demonstrate innovative solutions
to water source protection problems. To the extent practicable,
the contest shall be jointly sponsored by government and
private business.
``(7) Employee.--The Administrator may require a State to,
as a condition to maintaining primary enforcement authority
under this title, employ at least 1 individual who has the
responsibility for carrying out all of the following
activities:
``(A) Coordinating State and Federal underground
sources of drinking water protection programs in the
State.
``(B) Maintaining information concerning the ground
water source protection activities within the State.
``(C) Facilitating risk management analysis of the
ground water source protection activities.''.
SEC. 203. IMPLEMENTATION AMENDMENTS.
(a) Variances.--Section 1415 (42 U.S.C. 300g-4) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``, because of characteristics of
the raw water sources which are reasonably available to
the systems,'';
(B) by striking ``. A variance may only be issued
to a system after the system's'' and inserting the
following: ``despite reductions that could reasonably
be expected from''; and
(C) by striking all after ``Before a schedule'' and
inserting the following: ``A schedule for full
compliance shall not be required to be prepared
pursuant to this subparagraph if the risk posed by the
contaminant is de minimis.''; and
(2) by striking subparagraph (C) of paragraph (1) and
inserting the following new subparagraph:
``(C)(i) Subject to clause (ii), before a variance proposed
to be granted by a State under subparagraph (A) or (B) may be
granted, the State shall provide notice and an opportunity for
public comment on the proposed variance. The notice may cover
the granting of variances for as many water systems as the
State may have received requests from during the 1-year period
preceding the date of the notice.
``(ii) No notice or hearing shall be required under this
subparagraph if a representative of a public water system
provides documentation that the public water system is eligible
for a variance under the applicable primary drinking water
regulation. The documentation required, and review conducted,
under this subparagraph shall facilitate an expeditious and
inexpensive procedure, with respect to the activities required
for the public water system that submits an application to the
primary enforcement authority that carries out the processing
of the documentation. An expeditious and inexpensive procedure
under this subparagraph may include a procedure by which the
privacy enforcement authority uses a checklist and a
certification of correctness by a licensed professional
engineer.
``(iii) The State may append reasonable conditions to a
variance, including additional and affordable monitoring
requirements or an expiration date (in the absence of a
schedule).
``(iv) Each State shall annually notify the Administrator
of each variance granted under this section by the State. The
notification shall include the reason for each variance granted
by the State.''.
(b) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is amended--
(1) in subsection (b)(1), by striking ``Before a schedule''
and all that follows through the end of the paragraph;
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2)(A) Subject to subparagraph (B), before an exemption proposed
to be granted by a State under subsection (a) may be granted, the State
shall provide notice and an opportunity for public comment on the
proposed exemption. The notice may cover the granting of exemptions for
as many public water systems as the State may have received requests
from during the 1-year period preceding the date of the notice.
``(B) No notice or hearing shall be required under this
subparagraph if a representative of a public water system provides
documentation that the public water system is eligible for an exemption
under the applicable primary drinking water regulation. The
documentation required, and review conducted, under this subparagraph
shall facilitate an expeditious and inexpensive procedure, with respect
to the activities required for the public water system that submits an
application to the primary enforcement authority that carries out the
processing of the documentation. An expeditious and inexpensive
procedure under this subparagraph may include a procedure by which the
privacy enforcement authority uses a checklist and a certification of
correctness by a licensed professional engineer.
``(C) The State may append reasonable conditions to an exemption,
including additional and affordable monitoring requirements or an
expiration date (in the absence of a schedule).
``(D) Each State shall annually notify the Administrator of each
exemption granted under this section by the State. The notification
shall contain the reason for each exemption granted by the State.'';
and
(4) in subsection (b)(2), by striking subparagraph (C) and
inserting the following new subparagraph:
``(C) An exemption granted to a public water system under clause
(i) or (ii) of subparagraph (B) may be renewed for one or more
additional 2-year periods if the Administrator determines that--
``(i) the public water system--
``(I) serves 500 or less service connections; and
``(II) needs financial assistance for the necessary
improvements; and
``(ii) the appropriate official of the public water
system--
``(I) establishes that the official is taking all
practicable steps to meet the requirements of
subparagraph (B); or
``(II) installs effective point-of-use devices and
demonstrates, to the satisfaction of the Administrator,
that--
``(aa) the devices are adequately operated
and maintained; and
``(bb) the flow resulting from the actual
use of the devices constitutes an appropriate
percentage of expected ingested water at the
installation site.''.
(c) Public Notification.--Section 1414(c) (42 U.S.C. 300g-3(c)) is
amended by striking all after ``The Administrator shall by regulation''
through the end of the subsection, and inserting the following:
``Not later than 18 months after the date of enactment of the Water
Supply Protection Act of 1993, the Administrator shall revise the
regulations promulgated under section 1414(c)(2) to provide for notice
pursuant to subsection (a).
``(d)(1) Notice of a violation of the maximum contaminant level or
of any other violation resulting in an unacceptable level of risk to
public health and welfare shall be given as soon as is practicable
after the violation occurs, in a manner selected by the public water
system and approved by the State.
``(2) Notice of all other violations of any requirement of this
title shall be provided in an annual report in such form, and in such
manner as the State may determine pursuant to paragraph (3).
``(3) The Administrator shall provide model language for inclusion
in each notice issued pursuant to this subsection, but the form and
content of the notice shall be determined by the public water system
with the approval of the State.''.
(d) Citizen Suits.--Section 1449(b)(1) (42 U.S.C. 300j-8(b)(1)) is
amended--
(1) by striking ``or'' at the end of subparagraph (A); and
(2) by adding at the end the following new subparagraph:
``(C) if the water system is under an
administrative compliance order, or an administrative
or judicial consent decree, and is in compliance with
the terms of the order or decree;''.
(e) Tampering.--Section 1432(d) (42 U.S.C. 300i-1) is amended--
(1) in paragraph (1), by striking ``or'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) to introduce a contaminant into the distribution
system, by means of reinjection of delivered water, that would
pose an unacceptable risk to public health or welfare; or''.
(f) Laboratory and Operator Certification.--The Public Health
Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the
following new section:
``SEC. 1452. LABORATORY AND OPERATOR CERTIFICATION.
``(a) Water System Operators.--
``(1) In general.--After consultation with representatives
of the States, the Administrator shall prescribe such
regulations as are necessary or appropriate to ensure the
national certification of public water system operators.
``(2) Certification.--
``(A) Administration.--The Administrator may
authorize the national certification program under this
subsection to be administered by a for-profit or
nonprofit entity if the Administrator or a
representative of the Administrator serves in an
advisory capacity to the entity with respect to matters
of certification.
``(B) State certification.--An individual certified
under the national certification program shall be
deemed to be certified in each State with primary
enforcement authority.
``(b) Analytical Laboratories.--
``(1) In general.--The Administrator shall prescribe such
regulations as are necessary or appropriate to ensure national
certification of analytical laboratories.
``(2) Administration.--The Administrator may authorize the
national certification program under this subsection to be
administered by a for-profit or nonprofit entity if the
Administrator or a representative of the Administrator serves
in an advisory capacity to the entity with respect to matters
of certification.
``(3) Acceptance of monitoring results.--Analytical
monitoring results provided by a laboratory that receives
certification under the national certification program under
this subsection shall, for the purposes of this title, be
considered acceptable for purposes of determining compliance.
``(4) Primary enforcement authority.--A State that seeks to
maintain primary enforcement authority under this title may
list any nationally certified laboratory as the analytical
resource of the State for purposes of the primacy enforcement
authority of the State.''.
TITLE III--PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER
SEC. 301. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS.
Section 1428(d) (42 U.S.C. 300h-7(d)) is amended--
(1) by striking ``(d) Federal Assistance.--After the date''
and inserting the following:
``(d) Federal Assistance.--
``(1) In general.--After the date''; and
(2) by adding at the end the following new paragraph:
``(2) Ground water protection source coordinator.--Not
later than 1 year after the initiation of a program under
section 1412(f), funds made available under this section shall
be distributed only to a State that establishes and fills a
position for a ground water protection source coordinator.''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF
PERSONNEL.
(a) Establishment of Training Programs.--Section 1442(d) (42 U.S.C.
300j-1(d)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraphs:
``(3) establish a public-private partnership to demonstrate
low-cost small flow water treatment technologies that can be
used by very small public water systems (as defined and
determined by the Administrator) to meet primary drinking water
standards, or recommended long-term and lifelong acceptable
exposure levels; and
``(4) in conjunction with States and water treatment
equipment manufacturers, develop means to speed and simplify
State approvals of low-cost small flow water treatment
technologies available to very small public water systems
seeking to meet drinking water standards, or recommended
acceptable exposure levels.''.
(b) Potable Water.--Section 1442 (42 U.S.C. 300j-1) is amended by
adding at the end the following new subsections:
``(h) The Administrator, with the assistance of the Assistant
Secretary of the Interior for the Fish and Wildlife Service, and the
Assistant Secretary of Agriculture responsible for pesticide and
farming practices associated with the protection of potable ground
water sources, shall submit to Congress an annual report concerning
specific steps taken in the preceding year to coordinate potable ground
water protection.
``(i) Not later than 2 years after the date of enactment of this
subsection, the Administrator shall submit to Congress a report, with
recommendations on the alternative forms of Federal legislation that
could simplify and speed the cost-effective consolidation of small
public water systems, including simplified and rapid means to condemn
for acquisition purposes, small public water systems with respect to
which the appropriate officials are unable or unwilling to comply with
national drinking water regulations.
``(j)(1) The Administrator may--
``(A) establish a national technical assistance program for
rural public water and small public water systems that may be
implemented by a nonprofit entity; and
``(B) may award grants to carry out the program referred to
in subparagraph (A).
``(2) There are authorized to be appropriated, to carry out
paragraph (1)--
``(A) $4,000,000 for fiscal year 1994; and
``(B) $5,000,000 for each of fiscal years 1995 through
1997.''.
SEC. 402. GRANTS FOR STATE PROGRAMS.
(a) Public Water Systems Supervision Program.--Paragraph (7) of
section 1443(a) (42 U.S.C. 300j-2(a)(7)) is amended to read as follows:
``(7) For the purpose of making grants under paragraph (1) there
are authorized to be appropriated $50,000,000 for fiscal year 1994,
$45,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, and
$35,000,000 for fiscal year 1997.''.
(b) Underground Water Source Protection Program.--Paragraph (5) of
section 1443(b) (42 U.S.C. 300j-2(b)(5)) is amended to read as follows:
``(5) For the purpose of making grants under paragraph (1) there
are authorized to be appropriated $11,000,000 for fiscal year 1994,
$11,000,000 for fiscal year 1995, $12,000,000 for fiscal year 1996, and
$13,000,000 for fiscal year 1997.''.
(c) Uniform Data System.--Section 1443 (42 U.S.C. 300j-2) is
amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c)(1) The Administrator is authorized to make grants to States
to carry out section 1412(c).
``(2) For the purpose of making grants under paragraph (1) there
are authorized to be appropriated $2,500,000 for each of fiscal years
1994 through 1997.
``(d)(1) The Administrator is authorized to make grants to States
to adopt uniform data repository, collection, and reporting systems for
a water supply supervision program developed jointly by the
Administration and the State.
``(2) For the purpose of making grants under paragraph (1) there
are authorized to be appropriated $3,000,000 for grants for hardware
and commercial software.
``(3)(A) For the purpose of the development of the uniform data
system authorized under paragraph (1) there are authorized to be
appropriated $2,000,000.
``(B) For the purpose of the maintenance of the uniform data
system, there are authorized to be appropriated $500,000 for each of
fiscal years 1994 through 1997.''.
SEC. 403. RECORDS AND INSPECTIONS.
Section 1445(a)(2) (42 U.S.C. 300j-4(a)(2)) is amended by adding at
the end the following new sentence: ``The Administrator shall suspend
regulations requiring monitoring for unregulated contaminants in
existence on the date of enactment of this section until the
regulations are modified to ensure--
``(A) the annual household cost of monitoring is reasonable
in light of other needs for other health protection of families
served by a public water system;
``(B) the requirements reflect one-time sampling and the
maximum use of pooled samples;
``(C) the use of indicator analytical methods, screening
methods, and low-cost multiple analytical methods are fully
exploited; and
``(D) liberal exceptions are provided for cases in which
the probability of contamination is low.''.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Part B of title XIV (42 U.S.C. 300g et seq.) is amended by adding
at the end the following new section:
``SEC. 1418. AUTHORIZATION OF APPROPRIATIONS.
``(a) Drinking Water Program.--In addition to any amounts otherwise
authorized to be appropriated to carry out the drinking water programs
established under this title, there are authorized to be appropriated
$18,000,000 for fiscal years 1994 and 1995, $16,000,000 for fiscal year
1996, and $14,000,000 for fiscal year 1997.
``(b) Water Supply Protection Program.--In addition to any amounts
otherwise authorized to be appropriated to carry out the water supply
protection program established under this title, there are authorized
to be appropriated $22,000,000 for each of fiscal years 1994 and 1995
and $25,000,000 for each of fiscal years 1996 and 1997.
``(c) Enforcement.--In addition to any amounts otherwise authorized
to be appropriated to enforce this title, there are authorized to be
appropriated $6,500,000 for fiscal year 1994, $5,000,000 for each of
fiscal years 1995 and 1996, and $4,500,000 for fiscal year 1997.''.
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