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<pubnumber>570B91042</pubnumber>
<title>Safe Drinking Water Act as Amended by the Safe Drinking Water Act Amendments of 1986</title>
<pages>35</pages>
<pubyear>1991</pubyear>
<provider>NEPIS</provider>
<access>online</access>
<origin>hardcopy</origin>
<author></author>
<publisher></publisher>
<subject></subject>
<abstract></abstract>
<operator>jsw</operator>
<scandate>20090114</scandate>
<type>single page tiff</type>
<keyword></keyword>

       United States
       Environmental Protection  Office of Water         EPA 570/B-91-042
       Agency         (WH-550)            June 1991
&EPA SAFE DRINKING WATER ACT
      AS AMENDED BY THE SAFE
      DRINKING WATER ACT
      AMENDMENTS OF 1986

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Mtii Coivreu   1        COMMITTEE PRINT       (   8l P*r
 2d Session            COMMITTEE PRINT       J
       THE SAFE DRINKING WATER  ACT

                 AS AMENDED BY

       THE SAFE DRINKING WATER  ACT
              AMENDMENTS OF 1986

          (PUBLIC LAW 99-339, JUNE 19, 1986)
                     DECEMBER 1986
            Printed for the use of the Senate Committee
               on Environment and Public Works
                VM. OOVKKNMKNT FMNTINO OFTICI
 (2-4X6 O                WASHINGTON : 1S8S
         For Mte by UM Supnintmdtnt of Docunxnth Cooii mional S*l« OfRc*
             VS. Gannaant Printing Offia, WHhinftan, DC 20402

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           COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                     ROBERT T STAFFORD. Vermont. Chairman
JOHN II  rilAKKE. Khodr Island
AI.AN K  SIMI-SON, Wyoming
.IAMKS ABONOK. South Dakota
STF.VE SYMMS. Idaho
CONDON ,1 HUMPHREY, New Hampshire
I'F/IKV DOMENICI. New Mexico
IIAVK IMiKKNBKRGKR. Minnrsota
L1XJYD BENTSEN, Tenas
QUENTIN N  BURDICK. North Dakota
GARY HART, Colorado
DANIEL PATRICK MOYN1HAN. New York
GEORGE J MITCHELL. Maine
MAX BAUCUS, Montana
FRANK R LAUTENHERG. New Jersey
                           HAIIJTV GUARD, Staff Director
                       LES O  FULLM, Minority Staff Dtrrctor
                                                                                                                                  CONTENTS
                                                                                                     Section
                                                                                                          1  Short title
                                                                                                          2  Public wuter systems
                                                                                                                      TITLK XIV -SAKETY or PUBLIC WATER SYSTEMS
                                                                                                                                        ft'
                                                                                                     Section
                                                                                                          1401
                                                                                                                                   PART A—DEFINITIONS
                                                                                                               Definitions
                         PART B -PUBLIC WATER SYSTEMS

Section
    111 I — Coverage    
    1412  National drinking water regulations
    14 lit  State primary enforcement responsibility
    1411   Enforcement  of drinking water regulations   
    14 lf>—Variances    
    I4l(i - Exemptions  
    1417—Prohibition on use of lead  pipes, solder, and Dux
                                                                   3
                                                                   3
                                                                  10
                                                                  II
                                                                  15
                                                                  19
                                                                  22
        PART C —PROTECTION OP UNDERGROUND SOURCES OP DRINKING WATER
Section
    1421
    1422-
    142',!-
    1424
    II2S
    I12(i
    1427
    142H-
                                                                                                     Section:
                                                                                                          14M1
                                                                                                          I4H2
 Regulations for State programs 
 Stole primary enforcement responsibility   
 Enforcement of program 
 Interim regulation of underground injections   
 Optional demonstration by States relating to oil or natural gas    
 Regulation of State programs   
 Sole source aquifer demonstration program  
-State programs to establish wellhead protection areas  

                PART D—EMERGENCY POWERS
                                                                       Kmergency powers 
                                                                       Tampering with public water systems      

                                                                                       PART E—GENERAL PROVISIONS
                                                                                                     Section:
                                                                                                          1441  Assurance of availability of adequate supplies of chemicals neces-
                                                                                                           sary for treatment of water  
                                                                                                          1442— Research, technical assistance, information, and training of person-
                                                                                                           nel  
                                                                                                          1443—(I rants for State programs  
                                                                                                          1444—Special study and demonstration project grants, guranteed loans  
                                                                                                          1445—Records and inspections  
                                                                                                          1448—National drinking water advisory council 
                                                                                                          1447—Federal agencies 
                                                                                                          1448— Judicial review 
                                                                                                          1449—Citizen's civil action   
                                                                                                          1450—General provisions   
                                                                                                          /<5/—Indian tribes    
                                                                                                     Sections of Public I.HW ilil-HHi) which do not amend the Safe  Drinking Water
                                                                                                       Act  
23
26
27
31
32
33
34
38
                                                                            41
                                                                            41
                                                                                                                                         42

                                                                                                                                         44
                                                                                                                                         48
                                                                                                                                         51
                                                                                                                                         52
                                                                                                                                         54
                                                                                                                                         55
                                                                                                                                         56
                                                                                                                                         57
                                                                                                                                         58
                                                                                                                                         61

                                                                                                                                         62

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                             NOTE

  Amendments made by Public Law 99-339 are shown as follows
Language to be omitted is struck through; new language is print-
ed in italic;  language in which  there  is no change is  printed in
roman.
                          SHORT TITLE
  SECTION 1. This Act may be cited as the "Safe Drinking; W«tef
"Safe Drinking Water Act Amendments of 1986".

                     PUBLIC WATER SYSTEMS

  SEC. 2. (a) The Public Health Service Act is amended  by inserting
after title XIII the following new title:

     TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS '

                      PART A—DEFINITIONS

                          DEFINITIONS

  SEC. 1401. For purposes of this title:
      (1) The term  'primary drinking water regulation" means a
    regulation which—
          (A) applies to publi<  water systems;
          (B) specifies contaminants which, in the judgment of the
        Administrator, may have  any adverse effect on the health
        of persons;
          (C) specifies for each such contaminant either—
              (i) a maximum  contaminant  level, if, in  the judg-
            ment of the  Administrator, it  is economically and
            technologically feasible to ascertain the level  of such
            contaminant in water in public water systems, or
              (ii) if, in  the judgment of the Administrator, it is not
            economically or technologically feasible to  so ascertain
            the level  of such  contaminant, each treatment tech-
            nique known to the Administrator which leads to a re-
            duction in the level of such  contaminant sufficient to
            satisfy the requirements of section 1412; and
          (D) contains  criteria and  procedures to assure a supply
        of drinking water  which  dependably  complies with such
        maximum  contaminant levels; including quality  control
  ' Include! the Safe Drinking Water Act 142 U.S.C. 300f et M» I PL 93 523, Dec 16. 1974. the
Safe Drinking Water Amendment* of 1977. PL 95-190. Nov lA, 1977. the Safe Drinking Wafer
Act Amendments of 1979, PL 96-63, Sept 6. 1979. the Safe Drinking Water Act Amendmenia
of 1980. PL 96 502, Dec  5, 1980, and the Safe Drinking Water Act Amendments of 19H6. l> 1.
99  339. June 19, 1986

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    and testing  procedures to insure  compliance with  such
    lovels  and to insure proper operation and  maintenance of
    the system, and requirements as to (i) the  minimum qual-
    ity of  water  which may be taken into the system and (ii)
    siting  for new facilities for public water systems.
  (2) The term "secondary drinking water regulation" means a
regulation  which applies to public  water  systems and which
specifies the maximum contaminant levels which, in the judg-
ment of the Administrator, are requisite to protect the public
welfare.  Such  regulations may apply to any contaminant in
drinking water (A) which may adversely affect the odor or ap-
pearance of such water and consequently may cause a substan-
tial number of the persons served by the public water system
providing such water to discontinue its use, or (B) which may
otherwise adversely affect the public welfare. Such regulations
may vary according to geographic and other circumstances.
  (3) The term "maximum contaminant level" means the max-
imum  permissible level of a contaminant in water which is de-
livered to any user  of a public water system.
  (4) The term "public water system'  means a system for the
provision to the public of piped water for human consumption,
if such system has  at least  fifteen service connections or regu-
larly  serves at least  twenty-five individuals.  Such term in-
cludes (A)  any collection, treatment, storage, and distribution
facilities under control of the operator of such system and used
primarily in connection with such system, and (B) any collec-
tion or pretreatment storage  facilities not under such control
which  are used primarily in connection with such system.
  (5) The  term "supplier of water" means any  person  who
owns or operates  a  public water system.
  (6) The term "contaminant" means any physical, chemical,
biological, or radiological substance or matter in water.
  (7) The term "Administrator" means the Administrator of
the Environmental  Protection Agency.
  (8) The term "Agency" means the Environmental Protection
Agency.
  (!)) The term "Council" means the National  Drinking Water
Advisory Council established under section  1446.
  (10)  The  term  "municipality" means a city,  town,  or  other
public body created by or pursuant to State law,  or an J*dt»w
     nrgani«fttinn autheriasd by fa* Indian tribe.
  (11)  The  term  "Federal  agency"  means  any department,
agency, or instrumentality of th» United States.
  (12)  The term "person" means an individual, corporation,
company, association, partnership, State, municipality, or Fed-
eral agency (and  includes officers, employees, and agents of
any corporation, company, association, State, municipality, or
Federal agency).
  (13)  The term "State" includes,  in addition to the several
States, only the District of Columbia, Guam,  the Common-
wealth of  Puerto Rico, the Northern Mariana Islands,  the
Virgin  Islands,  American Samoa, and the Trust Territory of
the Pacific Islands.
     (14) The term "Indian Tribe" means any Indian tribe having
   a federally recognized governing body carrying out substantial
   governmental duties and powers over any area.

                PART B—PUBLIC WATER SYSTEMS

                           COVERAGE

  SEC.  1411. Subject to sections 1415 and 1416, national primary
drinking water regulations under this  part  shall apply to each
public  water system in each  State;  except that such regulations
shall not apply to a public water system—
      (1) which consists only  of distribution and storage facilities
    (and does not have any collection and treatment facilities);
      (2) which obtains all  of its water from, but is not owned or
    operated by, a public water system  to which such regulations

     apply;
      (3) which does not sell water to any person; and
      (4) which is not  a carrier which conveys passengers in inter-
     state commerce.

              NATIONAL DRINKING WATER REGULATIONS


 g^m^^MMMi Jj^uLinM *MM*AAM MMulAi*AitA •nilun Qfl ^&aua ^ii^hM iJut ^*^t Aa* AMtMtbKWMb4
 vnniBrir tmnvntK ^^wr ny^wnNHmn ^mtnn twj QBTD mor vvtv W^D wt mntwiiiuiii
 of this ttth> Within 489 days after Mieh date of enactment, he «haU promulgate
 uueh regulation* with »u«h modifications a* he deems appropriate. Regulation*

   (8), National  interim primary drinking water regulation* promulgated under
 paragraph (4) shaH protect health to the extent feasihte; using technology, treat-
 ment technique*, and ether  means? whieh  the Adminintrator determined are
    II--    "  " ' *-  , •      1_ :_AA IJ  linal -— t^A J-*- gJ 4MMIAMMWI& A(
 •nnio^Bftv                            ^^^M^r^f ••^   ^^^^ *^ "w^^BiBiiidw vt
  RM tjtlfl

 shaH take effect eighteen months after the date of their promulgation.
   Ssc. 1412.  (aXl) Effective on the enactment of the Safe Drinking
  Water Act Amendments of 1986, each  national interim or revised
 primary drinking water regulation promulgated under this section
  before such enactment  shall be deemed to be  a national primary
  drinking  water regulation  under subsection (b). No such regulation
  shall be required to comply with the standards set forth in subsec-
  tion <bX4> unless  such regulation is amended to establish a different
  maximum contaminant level after the enactment  of such amend-

  ments.
    (2) After the enactment  of the Safe Drinking Water Act Amend-
  ments of 1986 each recommended maximum contaminant level pub-
  lished before the enactment of such amendments shall be treated as
  a maximum contaminant level goal.
    (3) Whenever a national primary drinking water regulation is pro-
  posed under paragraph (1), (2), or (3) of subsection (b) for any con-
  taminant, the maximum contaminant level goal for such contami-
  nant  shall  be proposed simultaneously.  Whenever a national pri-
  mary drinking  water  regulation  is promulgated  under paragraph
  (1). (2), or (3) of subsection (b) for any contaminant, the maximum

 image: 






contaminant level goal for auch contaminant shall be published si-
multaneously.
  (4> Paragraph (3) shall not apply to any recommended maximum
contaminant level published before the enactment of the Safe Drink-
ing Water Act Amendments of 1986.
  (hl/tl/Al li/j|JL|'|n  1Q rinttn of fA/t dflio of ttlQ fWMef^ cm t fit] flfujju flondufltoti
purttutnt to ttohsoetvm M «* fubmttlod to Gonyre»»,  Me Administrator «foWl

      (*}  prope»ttt» m Me  report  for  reeammenaW  mammum ooHlaminattl
    leeob for nattonai primary dnnkiny tetter feyWtWtOfta, tmd

     eon<amtnan< fcwefo
Me report tm Me
                            flontomttwml
                            pursuant to
                 96 00f Ac A
                                             tfi kit jvdgmont batted on
                                                   may Aa«e any a4-
M^ tut  HI Me rwto* ttfwfer lAi« tttbporoffrapk any eottlamintml Me totted of

rwommimdod magtmttm aof><aminon< tow^ <M<4 t«A*eA fnoy A<NM any
rffnftf Aft /A/) j^M^/Jk rt/
miftutlntior may by mtJe
parttgrapk or change ««e4
  fW ^« M« <foto Me i
                           naeotmixmaW fewefe
Hayutcr proposed rwtted
Me fsy/mwtHonto »f paragraph

cotM «MeA moa'i/tea/ioiM a* Xe
                                                     in Me
                                     drinking voter rog*lalt<m«
                                        rtVty* «/top Me aWe •/ »»e4
     Reviaod nation*! primary drinking water rogulationo promulgatod
parofraph (3) ef Um gubocction  8h«4t be primary drinking water rogulationo
WhlOR BDOOIiy ft fVMkftHVMHTI
                                  tOVfM 9f
                                                Hro tWB Of
toohniquon fair eaeh contaminant far   hmh a reeommondod ma«imum oontemi
nant leVel M Botabliohed er whiek tn ituted « a rale under paragrapk fHfKK The
maiiimum eontaminant level opoeified in a reviaed  national primary drinking
water  regulation for a eontaminant ehaU  be M ele«e te tbe roeemmonded mam-
mwn eontaminnnt level oatoblinhed wider paragrapb (WB) far w**h oontominant
as t« foawWer A required treatment  technique for a eontaminant for whieh a
rooommondnd majiimum  eontaminant level  has been eotabliohed wider  para-
graph  (-HfW shaH reduee rnteh eontaminant te a level whieh w a» eleee te the
recommended mamimum eontaminant level for weh eontaminant ae M feaoiblo.
IT rOOUIWHI vPOftMHOfln tCCRwi^tiC  t9f ft CwB%ftottflftli% ^rlHOtl M n0M9a ttnoOr pftrw"
graph  (-HfR) •halt require treatment nceeooary m the Adminiotrator'g judgment

eMent feaoible. Fer purpoBoe »f this paragraph, the term feasible mean* feasible
with the  uee ef the beat technology, treatment toehniquen, and ether mean»;
  (b)(l) In the cose of those contaminants  listed in the Advanci-
Notice of Proposed ftulemaking published in volume 47. Federal
Register, page 9352, and in volume 4$, Federal Register, page 4550S,
the Administrator shall publish maximum contaminant  level goals
and promulgate national primary drinking water regulations—
      (A) not later than 12 months after the enactment of the Safr
    Drinking Water Act Amendments of 1986 for not less than 9 of
    those listed contaminants;
      (B) not later than 24 months such  enactment for not less than
    40 of those listed contaminants; and
      (C) not later than 36 months after such enactment for  the re
    mainder of such listed contaminants.
  (2XA) If the Administrator identifies  a drinking water contami
nant the regulation of which, in the judgment of tne Administrator,
is more likely to be protective of public health (taking into account
the schedule for regulation under paragraph  (1)) than a contami
nant referred to in paragraph (1), the Administrator may publish  a
maximum contaminant level goal and promulgate a national pri-
mary drinking water regulation for such identified contaminant in
lieu of regulating the contaminant referred to in such paragraph.
There  may  be  no more than 7 contaminants  in  paragraph  (1) for
which substitutions may be made.  Regulation  of a contaminant
identified under  this paragraph shall  be in  accordance with  the
schedule applicable to the contaminant for which the substitution is
made.
  (B> If the Administrator identifies  one or more contaminants for
substitution under this paragraph, the Administrator shall publish
in the Federal Register not later than one year after the enactment
of the Safe Drinking  Water Act Amendments of 1986 a  list of con
taminants proposed for substitution, the contaminants referred to in
paragraph (1) for which substitutions are to be made, and the basis
for the judgment that regulation of such proposed substitute con
taminants is more likely to  be protective of public health  (taking
into account the schedule for regulation under such paragraph). Fol-
lowing a period of 60 days for public comment,  the Administrator
shall publish in the Federal Register  a final list  of contaminants to
be  substituted and contaminants referred to in paragraph  (1) for
which substitutions are to be made,  together with responses to sig
nificant comments.
  (C) Any contaminant referred in paragraph (1) for which a substi
tution is made, pursuant  to subparagrapn  (A)  of this paragraph,
shall be includea on the priority list  to be published by the Admin
istrator  not later than January  1,  1988,  pursuant  to  paragraph
(3HA).
  (D) The Administrator's decision to regulate a contaminant iden
tified pursuant to this paragraph in  lieu of a contaminant referred
to in paragraph (1) shall not be subject to judicial review.
  (MA) The Administrator shall publish maximum contaminant
level goals and promulgate national primary drinking water regula-
tions for each contaminant (other than a contaminant referred to in
paragraph (1) or  (2) for which a national primary drinking water
regulation was promulgated) which, in the judgment of the Admin
istrator, may have any adverse effect on the health of persons and
which is known or anticipated  to occur nn th<> fc»~'»». ~'

 image: 






 which is known or anticipated to occur in public water systems. Not
 later than January 1, 1988, and at 3 year intervals thereafter, the
 Administrator shall  publish a  list  of  contaminants which are
 knoum or anticipated to occur in public  water systems and which
 may require regulation under this Act.
   (H) For the purpose of establishing the list under subparagraph
 (A),  the Administrator shall  form an advisory working group in-
 cluding members from the National  Toxicology Program and the
 Kni'inmmental Protection Agency's Offices of Drinking  Water, Pesti-
 cides. Toxic Substances, Ground Water, Solid Waste and Emergency
 Response and any others the Adminstrator deems appropriate. The
 Ad mi nut rotor's consideration of priorities shall include, but not be
 limited  to,  substances referred to in section 101(H) of the Compre-
 hensive  Environmental Response, Compensation, and Liability Act
 of 1980, and substances registered as pesticides under the Federal
 Insecticide, Fungicide, and Rodenticide Act.
   (O Not  later than  34 months  after the listing of contaminants
 under subparagraph (A), the Administrator shall publish proposed
 maximum contamination level goals and national primary drinking
 u'titer regulations for not less than 25 contaminants from the list es-
 tablished under subparagraph  (A).
   (I)) Not  later than  36 months  after the listing of contaminants
 under subparagraph (A}, the Administrator shall publish a maxi-
 n urn contaminant goal and promulgate a national primary drink-
 ing  water regulation  for those contaminants for  which proposed
 maximum  contaminant level goals and proposed national primary
 drinking water regulations  were published under subparagraph (C).
  (4> Each maximum contaminant level goal established under this
 subsection shall be set at the level at which no known or anticipat-
 ed adverse effects on the health of persons occur and which allows
 an  adequate  margin  of safety.  Each national primary drinking
 water regulation for a contaminant for which a  maximum contami-
 nant level goal is established under this  subsection shall specify a
 maximum level for such contaminant which is as close to the maxi-
 mum contaminant level goal as is feasible.
  (5> For the purposes  of this subsection, the term "feasible" means
feasible with  the use  of the best  technology,  treatment techniques
and other means which the Administrator finds, after examination
for efficacy  under field conditions and not solely under laboratory
conditions, are available (taking  cost  into consideration). For the
purpose of paragraph  (4), granular activated carbon is  feasible for
 the  control  of synthetic organic  chemicals,  and any  technology,
 treatment technique, or other means found to be the best available
for the control of synthetic organic chemicals must be at least as ef-
fective in controlling synthetic organic chemicals as granular acti-
 vated carbon.
  (6) Each national primary drinking water regulation which estab-
 lishes a maximum contaminant level shall list the technology, treat-
 ment techniques, and other means  which the Administrator finds to
 be feasible  for purposes of meeting such maximum contaminant
 lei'el, but a  regulation under this  paragraph shall not require that
any  specified  technology, treatment technique, or other means be
used for purposes of meeting such maximum contaminant level.
  (7HA) The Administrator is authorized to promulgate a national
primary drinking water regulation that requires the use of a treat-
ment technique in  lieu of establishing a  maximum contaminant
level, if the Administrator makes a finding that it is not economi-
cally or technologically feasible to ascertain the level of the con-
taminant. In  such case, the Administrator shall identify those treat-
ment techniques which,  in the Administrator's judgment, would
prevent known or anticipated adverse effects on the nealth of per-
sons to the extent feasible. Such regulations shall specify each treat-
ment technique known  to the Administrator which meets  the re-
quirements of this paragraph,  but the Administrator may grant  a
variance from any  specified  treatment  techniques in  accordance
with section 1415(aX3).
  (B) Any schedule referred to in this subsection for the promulga-
tion of a national primary drinking  water regulation for any con-
taminant shall apply in the same manner if the regulation requires
a treatment technique in  lieu of establishing a maximum contami-
nant level.
  (CXi) Not later than 18 months after the enactment  of the Safe
Drinking Water Act Amendments of 1986,  the Administrator shall
propose and  promulgate  national primary drinking water regula-
tions specifying criteria under which filtration (including coagula-
tion and sedimentation, as appropriate) is required as a  treatment
technique  for public water  systems supplied  by surface water
sources. In promulgating such rules, the Administrator shall consid-
er the quality of source  waters, protection afforded by watershed
management, treatment practices (such as disinfection and length of
water storage) and other factors relevant to protection of health.
  (ii) In lieu of the provisions of section 1415 the Administrator
shall specify procedures by which the State determines which public
water systems within its jurisdiction shall adopt  filtration under
the  criteria of clause (i).  The State  may  require the public water
system to provide studies or other information to assist in this deter-
mination.  The procedures shall provide notice and opportunity for
public hearing on this determination. If the State determines that
filtration is  required, the State shall prescribe a schedule for com-
pliance by the public water system with the filtration requirement.
A schedule shall require compliance within 18 months of a determi-
nation made under clause (Hi).
  (Hi) Within 18 months  from the time that the Administrator es-
tablishes the criteria and procedures under this subparagraph, a
State with primary enforcement responsibility shall adopt any nec-
essary  regulations  to  implement  this subparagraph.  Within 12
months of adoption of such regulations the State shall make deter-
minations regarding filtration for  all  the public water  systems
within its jurisdiction supplied by surface waters.
   (iv) If a State does not have primary enforcement responsibility
for public  water systems,  the Administrator shall have the game au-
 thority to make the determination in clause (ii) in such State as the
State would have under  that clause. Any  filtration requirement or
schedule under this subparagraph shall be treated as  if it were a
 requirement  of a national primary drinking water regulation.
   (8)  Not  later than 36  months  after the enactment  of the Safe
 Drinking  Water Act Amendments of 1986,  the Administrator shall

 image: 






 propose and promulgate national primary drinking it-titer  regula-
 tions requiring disinfection as a treatment technique for all public
 water systems. The Administrator shall simultaneously promulgate
 a rule specifying criteria that will be used by the Administrator (or
 delegated State authorities) to grant  variances from this require-
 ment  according  to  the provisions  of sections  1415(a)(l)(H) and
 14l5(aX3). In implementing section Hk"2(g> the Administrator or the
 delegated State authority shall, where appropriate, give special con-
 sideration to providing technical assistance to small public water
 systems in complying with  the  regulations promulgated under this
 paragraph.
   (4) (9)  Revised national National primary drinking  water  regula-
 tions shall be amended whenever changes in technology, treatment
 techniques,  and  other means  permit  greater protection  of  the
 health  of persons, but in any event such regulations shall be  re-
 viewed at least once every 3 years.
   Such review shall  include an analysis of innovations or changes
 in technology, treatment techniques or other activities  that have  oc-
 curred  over  the previous 3-year period  and that  may provide for
greater protection of the health of persons. The findings of such
 review shall be published in the Federal Register.  If, after opportu-
 nity for public comment, the Administrator concludes that the tech-
 nology,  treatment techniques, or other means resulting from such  in-
 novations or changes are not  feasible within  the meaning of para-
graph (5), an explanation of such conclusion shall be published in
 the Federal Register.
   (6) (10) Revised  natienai National  primary drinking  water regula-
 tions promulgated under this subsection (and amendments thereto)
shall take effect eighteen months after the date of their promulga-
 tion. Regulations under subsection (a) shall be superseded by regu-
 lations  under this subsection  to the extent provided by the regula-
tions under this subsection.
   (ft (11) No national  primary  drinking water regulation may re-
quire the addition of any substance for preventive health care pur-
 poses unrelated to contamination of drinking water.
  (c) The Administrator shall publish proposed national secondary
drinking water regulations within 270 days after the date of enact-
ment of this title. Within 90 days after publication of any such reg-
ulation, he shall promulgate such regulation  with such  modifica-
tions as he  deems appropriate. Regulations under this subsection
may be amended from time  to time.
  (a) Regulations under this section  shall be  prescribed in accord-
ance with section 553 of title 5, United States Code (relating  to
rulemaking), except that the  Administrator shall provide opportu-
 nity for public hearing prior  to promulgation of such regulations.
In proposing and promulgating regulations under this section, the
Administrator shall consult with the  Secretary and the National
 Drinking Water Advisory Council.
  WfB The Administrator shaH enter into appropriate arrangements with  the
 National Academy of Seionens for with another independent scientific organiaa
tim if appropriate arrangements eannot be made with sueh Academy)  to een-
duet a study to determine (A) the maximum contaminant levels whieh should he
 recommended under gubnection 4bMi*)  in ardor to proteet the health of  poroonit
                f &nviotfMfcMHi  HOVOTHO  olMmliH, ftfNl T"? wwi  &MiH0**iM)o  of ftiiy
ooiilmniiimntiH fbe levok 'of wttieh «» drinking water «-«»«iot be duUifiniimj W*
wlmth Httty ttttv« ttn mlvoruo effeet on the h«*tlth of pornoim.


yOUPM  Hlw^F Ht4^ (IftWl O? OH tMJ vfil H 11% Of  vttlft  ni'it) , ftHQ FQVIHIOftH HlOf WOl FOiH'Pttlllf


               UOrtft€l tO wfi0 ^ j Oil £fX( BH OtMnl VWO yOftco UMMPOftlvOt*: rftO
     contain (A) tk nummary and evaluation of relevant publieatiuim at»d



odologieu and  imnumptiono for oiitimating the  margin of  safety whieh shettW bti


for  rooommendiid maximum contaminant  levels for national primury drinking
water regulations, based  en  the  methodologies, asoumptionB,  MM) studteH rtv


lift MM)  WMM IOV6I Or ^rWHOli Ml uFlflhtttf^ WtoMSF  OftflflOv BtJ ItOlOPIfitH^w fHIt
IftttY fllLVO AM ttQVOPUO OIHHit Oftl MH) nOttlUt ttr UOPCKIIIHJ \f f MJ^MttH H^Hat


             HfeOtMalll|^ ft nln ^r WH) HTIftJOr  PODOttPOn prtOrtWwB ttno OOMIItttwHI
              fcO OOflQUtit MM9H |W lOHtV WWOAPOllJ i^rj p^rtdtt4C •AMMtfllHOnMt tktra
oviiluuliionn ot unrugulahxl ooiitoiniiiMiM whieh «fty require eontinuouu inunnor
     fn develupin;; tin prupoimlu for ruouniiiiended rnaiiinium eontomiiMttrt
      DH. PftlPP A p n (0M*-'I *"^ JNftMOIIttl AtMMlOHty Or O
HOII UPOpUf Itlf^ WM) f OpOFfc* WMfcrt OVttlUtiM^ UlkQ OMMftln fW^panMAI^r ftno Hi
He) U*e inipimt *{ th« fullowin|{ eoiittiderunonu!
       (A) ¥h« o>iBk>neo «( groupn or individualn m  UM population
    mom guBoopiiblo fc» advorno «(fo«to UHM th«
              OMpoaurc to contaminant in other medta than drinking
    \III 0fUQ Illff OMpOftttfOft HI lOOu, Ml  vnt) ftHlulOnv ftlP| ftllu Ml OwtwijfwWOItiM uol
    tings) and the resulting body burden of contaminants
      <&) Synergiutic effects resulting from enpooure to or  interaction by two
    or mere
          The eontftminant oitpoeure and hudy b«trd«ii levels whieh alter
                                         PCftWWtftwty
                                                           Wl
  H) ht malmg the study wider Urn ouboeation. the National Aoadoiny t»f H««-
enemt for «ther organi«ation) ehalt eetWt and oorrolato <A) morbidity and mor-
tality data and fW munitorud data m» the «{»»aJrty «l drinking waterr Aity etm«4«t-
8Hm» based ett sueh  eurrulation shad he included m the report «t the stmlr
  (6) Neither the report «f the study Milder this nuhscetion ner any dratt »f ««4i
report shaU he submitted to the OWiee of Maiiafemont and Budget «r te twty
ether Federal agefley fother thait the Knvironmeatal Protection Ageney) prior
to its submission to Congress.
  <ti) Ol the fwtds authorised to he appropriated to the Adminiotrator by tkte
title; sueh ametmts as may he required shaU be available to earry eut the »Vti4y
ami to make the report diraetod by paragraph W el this auhsectioit.
  (e) The  Administrator  shall request comments from  the Science
Advisory Board (established under the Environmental Research, l)e
velopment. and Demonstration Act of 1978) prior to proposal  of a
maximum contaminant  level goal and national primary drinking
water regulation. The Board shall respond, as it deems appropriate,
within  the time period applicable for promulgation o( the national
nrimnrv /frinkinn  •• •/»»••- »/«-••'

 image: 






                                10
under no circumstances, be used to delay final promulgation of any
national primary drinking water standard.

           STATE PRIMARY ENFORCEMENT RESPONSIBILITY

  SEC 1413.  (a) For purposes of this title, a State has primary  en-
forcement  responsibility  for  public water  systems  during  any
period for which the Administrator determines (pursuant to regula-
tions prescribed under subsection (b)) that such State —
      (1) Has adopted  drinking water regulations  which (A4 m t4w

    drinking water regulationo are promulgated wider seetwn -M44) Mid ending
    wfl WN?
    water regulation!)  m effeet  under sueh section; are  no less stringent
    than the national primary drinking water regulations in effect
    under sections H12(a) and 141S(b);
      (2) has adopted and is implementing adequate procedures for
    the enforcement of such State regulations, including conduct-
    ing such monitoring and making such inspections as the Ad-
    ministrator may require by regulation;
      (I)) will keep  such records and make such reports with re-
    spect to its activities under paragraphs (1) and (2) as the Ad-
    ministrator may require by regulation;
      (4) if it permits variances or exemptions, or both, from the
    requirements of its drinking water regulations which meet the
    requirements of paragraph (1), permits such variances and ex-
    emptions under conditions and  in a matter which is not less
    stringent than the conditions under, and the manner in, which
    variances and exemptions may be granted under sections  1415
    and  1416; and
      (5) has adopted and can implement an adequate plan for the
    provision of safe drinking water under  emergency circum-
    stances.
  (bXl) The Administrator shall, by regulation (proposed within 180
days  of  the date of the enactment  of  this title),  prescribe the
manner  in which a  State may apply to the Administrator for a de-
termination that the requirements of paragraphs (1), (2), (3), and (4)
of subsection (a) are satisfied with respect to the State, the manner
in which the determination is made, the period for which  the deter-
mination will be effective, and the manner in which the Adminis-
trator may determine that  such requirements  are no longer  met.
Such regulations shall require that before a determination of the
Administrator that such requirements are met or are no  longer
met with respect to a State may become effective, the Administra-
tor shall notify such State  of the determination and the reasons
thereof and shall provide an opportunity for public  hearing  on the
determination.  Such regulations shall be promulgated (with such
modifications as the Administrator deems appropriate)  within 90
days of  the publication  of the proposed regulations in the Federal
Register. The Administrator shall  promptly notify  in  writing the
chief exectuvie  officer of each State of the promulgation  of regula-
tions under this paragraph.  Such notice shall contain a copy of the
                                                                                                                     11
regulations  and shall specify a  State's authority under this title
when it is determined to have primary enforcement responsibility
for public water systems.
  (2) When  an application is submitted in accordance with the Ad-
ministrator's  regulations under  paragraph  (1),  the Administrator
shall within 90 days of the date on which such application is sub-
mitted (A) make the determination applied for, or (B) deny the ap-
plication and  notify the applicant  in writing of the reasons for his
denial.

   I'M 1.1 1 im «v  H-PAW <re A«B«H*H ENFORCEMENT OF DRINKING WATER
                          REGULATIONS

  SEC.  1414. (aXIXA) Whenever  the Administrator finds during a
period  during which a State has primary enforcement responsibil-
ity for  public  water systems (within the meaning of section 1413(a))
that any public water system—
      (i) for which a variance under section 1415 or an exemption
    under section 1416 is not in effect, does not comply with any
    national primary drinking water regulation in effect under sec-
    tion  1412, or
      (ii) for which  a variance under section 1415 or an exemption
    under section 1416 is in effect, does not comply with any sched-
    ule or other requirement imposed pursuant thereto,
he shall  so  notify the State and such public water system and pro-
vide such advice and technical assistance to such State and public
water system  as may be appropriate to bring the system into com-
pliance with such regulation or requirement by the earliest feasible
time.
     H the Adminiotrator find* meh failure te eemply extends beyend the thir-
             HI6 vv*6 6r vH
Hn66n nttyB Hr6fl™ MI6 onto 6* MI6ft 0tt0ti6 n6M66 ft0 »6 »w6 MvpV B6in£ «BiV6n 16


tsinn te bring the system inte eomp*lianee and fer My faiktre te take step* te

bring the syetem inte compliance). U —
      /I\ A|Mhlk fcultMM 4ta MMMfelw ABtWtM^A IwHMMul ^M MW4Mt4ik ^sMF s^itaP tlftA
    &| thn —•»*•-*— MUAsm a*AMMi*»A *-L
    v* WITO IIVMUU  it uu pvrv^^n* ^»
      (iiKa) the State fatte te submit the report requested by the Admmistrs.
    tor within the time period prescribed by the preceding sentence; or
      t £t\ Ttwi fisWsiWt AMAMMsta MMth MMMMt Wft&ltMt MMktk HAHAfi llM4 4HA A^HMMft~
    trater; after eonoidering the report; determines that the State abused its
    dioeretion in carrying out primary enforcement responsibility far  public
    water systems by both—
          0) failing te implement by swh sixtieth day adequate procedures to
          /¥¥i iWii*^^ 4^k ^^•aAJUt Jay
          ^siT nswffnK «> nim^o ^v
        means ef safe drinking water by the earliest feasible timet
the Administrator may eommenee a eivil aetien tHider oubscetien (bK
  (B} If, beyond the thirtieth day after the Administrator's notifica-
tion under subparagraph (A), the State has not commenced appro-
priate enforcement action, the Administrator shall issue an order
under subsection (g) requiring  the public  iimlrr s-wtrm tn ™mni~

 image: 






                                12

with  such regulation or requirement or the Adminmlrtitor  shall
commence a civil action under subsection (b).
  (2)  Whenever,  on the  basis of information available to him,  the
Administrator finds during a period during which a State does  not
have  primary enforcement responsibility for public water systems
that a public water system in such State—
      (A) for which  a variance under  section 141f>(aX2) or an  ex-
    emption under section  1416(0 is not in effect, does not comply
    with  any national primary drinking water regulation in  effect
    under section 1412, or
      (B) for  which  a variance under  section 1415(aX2) or an  ex-
    emption under section 1416(0 is in effect, does not comply with
    any schedule or other requirement imposed pursuant thereto,
h« may Humnnmuo  a eml ftetaHt tmd«r Bubnoution (bK the Administrator
shall issue an order under subsection (g) requiring the public  water
system to  comply with such regulation or requirement or the Admin
istrator shall commence a civil action under subsection (b).
  (b) The  Administrator may bring a civil action in the appropriate
United States district court to  require  compliance  with a national
primary drinking water  regulation, with an order issued under sub-
section (g), or with any schedule or other requirement imposed pur-
suant  to  a variance or  exc/nption granted under  section 1415 or
1416 if-
      (1)  authorized under paragraph (1) or (2) of subsection (a), or
      (2)  if requested by (A) the chief executive officer of the  State
    in which is  located the public water system which is not in
    compliance with such  regulation or requirement,  or (B)  the
    agency of such State which has jurisdiction over compliance by
    public water systems in the State with national primary drink-
    ing water regulations or State drinking water regulations.
The court may enter, in an action brought under  this subsection,
such judgment as protection of public  health may require, taking
into consideration the time necessary to comply and the availabil-
ity  of alternative water  supplies; and, if the court determines that
there has been a wiHfol  violation of the regulation  or schedule or
other requirement with respect to which the action was brought,
the court may, taking into account the seriousness of the violation,
the population at risk, and other appropriate factors, impose on  the
violator a civil penalty of not to exceed fM00 $25,000 for each day
in which such violation occurs.
  (c) Each owner or operator of a public water system shall give
notice to the persons served by It—
      (1)  of any failure on the part of the public water system to—
          (A) comply with an applicable maximum contaminant
        level or  treatment technique requirement  of, or a  testing
        procedure prescribed  by,  a  national  primary drinking
        water regulation, or
          (B) perform monitoring required by section 1445(a), and
       (2)  if the public water system is subject to a variance granted
    under section UlftaXlXA) or 1415(a)(2) for an inability to meet
    a  maximum  contaminant level requirement or  is subject  to an
    exemption granted under section 1416, of—
          (A) the existence of such variance or exemption, and
                               13
          (B) any failure to comply with the requirements of any
        schedule  prescribed pursuant to the variance  or  exemjv
        tion.
The Administrator shall by regulation prescribe the form, manner,
and frequency for giving notice under this subsection. Nettee ttn4«r
HWJ 11 Fin MHfn6fM)6 Of  Mfelfl MftvB49&UOft Snftn 06 J^V^WI  nOv NTBB WMMt OfiuO £V4WV w
months,  ehaU be given by publication in ft newopapor of general circulation

flllftiBvP(lM)F}, Bnfill oO lUPfllnM^Q 48 Mt6 OvnGf (MMnftitflfiMAMoiM HtOoMI BOrVtf^jJ BU4MI
   ft; and «haU be furnished to the eommunioationo media M Men M practieablo
flJWJMMfli OVOPy o HtOftMftft^ ftW™ ™ ft pwWtfc ^WJHOF Byuivlll MBttoB ttv ^fun&f nllH MWH


water biUe Mmed by the nyntom. The Adminiotrator may alee require the «wmw
Wl* 49p&rftM)f Of ft pttotM) ^rVftvMP BVBMMH t® ^^^^ fMUMN) t® WM* porvofn vOrVvo wy t»

of contaminant leveb) ef any unregulated contaminant required te be monitorod
                   A MM B4Mi*UaM lU&aA 4U>UfMllw VWtli^aAA 4^UA MftA^MMtAMWI Af fl\f
                   /TflT pW^WFll ^mo ^^wmoiy • IUIWPUU ^IDB mnm^Jvivii vr • v^
                       ~. . L „.».».* I j^_                                ^
                       HtHWOfmon
 Within 15 months after the enactment of the Safe Drinking Water
Act Amendments of 1986, the Administrator shall amend such regu
lotions to provide for different types and frequencies of notice based
on the differences between  violations which are intermittent or in
frequent and violations which  are continuous or frequent. Such reg-
ulations shall also take into account the seriousness of any potential
adverse health effects which may be  involved. Notice of any viola
tion of a maximum  contaminant level or any other violation desig
noted by the Administrator as posing a serious potential  adverse
health effect shall be given as soon as possible, but in no case later
than 14 days after the violation. Notice of a continuous violation of
a  regulation other  than a  maximum contaminant level shall  be
given  no less frequently than  every 3 months. Notice of violations
judged to be less serious shall be given no less frequently than annu-
ally.  The Administrator shall specify the types of notice to  be used
to provide information  as promptly and effectively  as possible
taking into account both the  seriousness of any potential  adverse
health effects and the likelihood of reaching all affected persons.
Notification of violations shall include notice by general circulation
newspaper serving the area and, whenever appropriate, shall also
include a press release to electronic media and individual mailings.
Notice under this subsection shall provide a clear and readily un
derstandable  explanation of the violation, any potential  adverse
health effects, the steps that the system is taking to correct such vio
lotion, and the necessity for seeking alternative water supplies, if
any,  until the violation  is corrected. Until such  amended regula
tions are promulgated, the regulations in effect on the date of the
enactment of the Safe Drinking Water  Act Amendments of 1986
shall  remain in  effect. The Administrator may  also  require the
owner or operator of a public water system to give notice to the per
sons served by it of  contaminant levels of any unregulated contami
nant reauired to be monitored  under section Hwa).  Any person
who violates this subsection or regulations issued under this subsec
 «.•„„ „!,,.»»  I.. ,..l:.,i '     ' ••     !.<•••       • *"

 image: 






                               14

  Id) Whenever, on  the basis of information available to him, the
 Administrator finds that within a reasonable  time after national
 secondary drinking water regulations have been  promulgated, one
 or more public water systems in a State do not comply with such
 secondary  regulations,  and  that  such  noncompliance  appears to
 result from a failure of such State  to  take reasonable action to
 assure that public water systems throughout such State meet such
 secondary regulations, he shall so notify the State.
  (e) Nothing  in this title shall diminish any authority of a State or
 political subdivision to adopt or enforce any law or regulation re-
 specting drinking water regulations or public water systems, but no
 such law or regulation shall  relieve any person of any requirement
 otherwise applicable under this title.
  (0 If the  Administrator makes  a  finding of noncompliance (de-
 scribed in subparagraph (A)  or (B) of subsection (aXD with respect
 to a  public water system in a State which has primary enforcement
 responsibility, the Administrator may, for  the purpose of assisting
 that  State in carrying put such responsibility and upon the petition
 of such  State or public  water system or  persons served by such
 system, hold, after appropriate notice, public hearings for the pur-
 pose of gathering information from technical or other experts, Fed-
eral, State, or other public officials,  representatives of such public
 water system, persons served by such system, and other interested
 persons on—
      (1) the  ways in which such system  can  within  the earliest
    feasible time be brought  into compliance with the regulation or
    requirement with respect to which such finding was made, and
      (2) the  means for the maximum  feasible  protection  of the
    public health during any period in which such system is not in
    compliance with a national  primary drinking water regulation
    or requirement applicable to a variance or exemption.
On the basis of such hearings the Administrator shall issue recom-
 mendations which shall be  sent to such  State and public  water
system and shall be made available  to the public and communica-
tions media.
  (gXl) In any case  in  which Ihe Administrator is authorized to
bring a civil action  under this  section or under section 1445 with
respect to any regulation, sche<  tie, or other requirement, the Ad-
ministrator also may issue an order to require compliance with such
regulation, schedule, or other requirement.
  (2) An order issued under this  subsection shall not  take  effect
until after notice and opportunity for public hearing and,  in the
rase  of a State having primary enforcement responsibility for public
 mater systems  in that State,  until after the Administrator has pro-
 i'ided the State with an opportunity to confer with the Administra-
 tor regarding the proposed order. A copy of any order proposed to be
 issued under this subsection  shall be sent  to the appropriate State
agency of the  State involved if  the State has primary enforcement
 responsibility  for public water  systems  in  that State.  Any  order
 issued under this subsection  shall state with reasonable specificity
 the nature of the violation.  In any case in which an order under
 this  subsection is issued to a  corporation, a  copy of such order shall
 bf issued to appropriate corporate officers.
                              15

  (3XA) Any person who violates, or fails or refuses to comply with,
an order under this subsection shall be liable to the United States
for a civil penalty of not more than $25,000 per day of violation.
  (B) Whenever any civil penalty sought by the Administrator under
this paragraph does not exceed a total of $5,000,  the penalty shall
be assessed by the  Administrator after notice  and opportunity for a
hearing on the record in accordance with section 554 of title 5 of the
United States  Code.
  (C) Whenever any civil penalty sought by the Administrator under
this  paragraph exceeds $5,000,  the penalty shall be assessed by a
civil action brought by the Administrator in the appropriate United
States district court (as determined under the provisions of title 28
of the United States Code).
  (D) If  any person fails to pay  an assessment of a civil penalty
after it has become a final and unappealable order,  or after the ap-
propriate court of appeals has  entered final  judgment in favor of
the Administrator, the Attorney General shall recover the amount
for which such person is liable in any appropriate district court of
the United States.  In any such action, the validity and appropriate-
ness of the final order imposing the civil penalty shall not be sub-
ject to review.

                           VARIANCES

  SEC. 1415. (a) Notwithstanding any  other  provision of this part,
variances from  national primary  drinking water regulations may
be granted as  follows:
      (1KA) A State which has primary enforcement responsibility
    for public water  systems  may grant one or more variances
    from an applicable national primary drinking water regulation
    to one or more public water  systems within  its jurisdiction,
    which, because of characteristics  of the raw  water sources
    which are reasonably available to the systems, cannot meet the
     requirements  respecting the maximum  contaminant levels of
    such drinking water regulation, doepite A variance may only be
     issued to a system after the  system's application of the best
    technology, treatment techniques, or other means, which the
     Administrator Finds  are generally available (taking  coats into
    consideration). The Administrator shall propose and promul-
    gate his  finding  of  the best available  technology,  treatment
     techniques or other means available for each contaminant for
    purposes of this subsection  at the time he proposes and promul-
    gates a maximum contaminant  level for each  such contami-
     nant. The Administrator's finding of best available technology,
     treatment techniques  or other means for purposes of this subsec-
     tion may  vary depending on the number of persons served by the
     system or for other physical conditions  related to engineering
     feasibility and costs of compliance with maximum contaminant
     levels as considered appropriate by the Administrator. Before  a
     State may grant a variance under this subparagraph, the State
     must find that the variance will not result in an unreasonable
     risk to health. If  a State grants a public water system a vari-
     ance under this subparagraph the State shall prescribe wMtm

 image: 






                           16

 m« y«itr »f the date at </ie /tme variance is granted, a schedule
 for—
       (i) compliance (including increments of progress) by the
     public water system with each contaminant level require-
     ment with respect to which the variance was granted, and
       (ii) implementation  by the  public water system of such
    additional control measures as the State may require for
    each contaminant, subject  to such contaminant level re-
    quirement, during the period ending on the date compli-
    ance with such requirement is required.
 Before a schedule prescribed by a State  pursuant to this  sub-
 paragraph may take effect, the State shall provide notice and
 opportunity  for a public  hearing on the schedule.  A notice
 given  pursuant to the preceding sentence may cover the  pre-
 scribing of more than one such schedule and hearing held pur-
 suant  to such notice shall  include each  of the schedules  cov-
 ered by the notice. A schedule prescribed pursuant to this sub-
 paragraph for a public water system granted a variance shall
 require compliance by the  system  with  each contaminant  level
 requirement with respect to which the variance was granted as
 expeditiously as practicable (as the State may reasonably de-
 termine).
  (B) A State which has primary enforcement responsibility for
 public water systems may grant to one or more public water
 systems within its jurisdiction one or more variances from  any
 provisions  of a national primary drinking water regulation
 which  requires the use of a specified treatment techniquie with
 respect to a  contaminant if the public  water system applying
 for the variance demonstrates  to  the satisfaction of the State
 that such treatment technique is  not necessary to protect the
 health  of persons because of the nature  of the raw water
source of such system. A variance granted under this subpara-
graph  shall be  conditioned on  such monitoring and other re-
quirement as the Administrator may prescribe.
  (C)  Before a  variance proposed to be granted by a State
under subparagraph (A) or  (B) may take effect, such State shall
provide notice and opportunity for public hearing on the pro-
posed variance. A notice given pursuant to the preceding sen-
tence may cover the granting of more than one variance and a
hearing held pursuant to such notice  shall include each of the
variances covered by the  notice. The State shall  promptly
notify  the Administrator of all variances granted by it. Such
notification shall contain the reason  for the variance (and in
the case of a variance under subparagraph (A),  the basis for
the finding required by that subparagraph before the granting
of the  variance) and documentation of  the need  for the vari-
ance.
  (D) Each public water system's variance granted by a State
under subparagraph (A) shall be conditioned by the State upon
compliance by the public water system  with trie schedule  pre-
scribed by  the State pursuant  to  that subparagraph. The re-
quirements of each schedule prescribed by a State pursuant to
 that  subparagraph shall be enforceable  by the State  under its
 laws.  Any  requirements  of a schedule on  which a variance
                          17

granUni under that  subparagraph is conditioned  may be  en
forced  under section  1414 as if such requirement was part of a
national primary drinking water regulation.
  (E) Each schedule prescribed by a State pursuant to subpara
graph  (A) shall be  deemed  approved  by the Administrator
unless the variance for which it was prescribed is revoked by
the Administrator under such subparagraph.
  (F) Not later than 18 months after the effective date of the
interim national primary drinking water regulations the Ad
ministrator  shall complete a  comprehensive review of the var-
iances granted  under subparagraph (A)  (and schedules pre-
scribed pursuant thereto) and under subparagraph (B) by  the
States during  the  one-year period beginning on such effective
date. The Administrator shall conduct such subsequent review
of variances and schedules as he deems necessary  to carry out
the purposes of this  title,  but each subsequent review shall be
completed within each 3-year period following the completion
of the  first review under this subparagraph. Before conducting
any review  under this subparagraph, the Administrator shall
publish notice of the proposed  review in the Federal Register.
Such  notice shall  (i) provide information respecting the loca-
tion of data and other information respecting the  variances to
be reviewed (including data and other information concerning
new scientific matters bearing on such  variances), and (ii)
advise of the opportunity to submit comments on the variances
reviewed and  on the need for continuing them. Upon comple-
tion of any  such review, the  Administrator shall public in the
Federal Register the results  of his review together with find-
ings responsive to comments  submitted  in  connection  with
such review.
  (GXi) If the Administrator finds that a State has, in a sub-
stantial number of instances abused its discretion in granting
variances under subparagraph  (A) or (B) or that in a substan-
tial number of cases the State has failed to prescribe schedules
in accordance with subparagraph  (A), the Administrator shall
notify the State of his findings. In determining if a State haa
abused its  discretion in granting variances  in a substantial
number of  instances, the Administrator shall  consider  the
number of persons who are affected by the variances and if the
requirements  applicable to the granting of the variances were
complied with. A notice under this clause shall—
       (I)  identify  each public  water system with respect to
    which the finding was made,
       (II) specify the reasons for the finding, and
       (III) as  appropriate, propose revocations of specific vari-
    ances or propose revised schedules or other requirements
    for specific public water  systems granted variances, or
    both.
  (ii)  The Administrator  shall provide reasonable notice  and
public hearing on the provisions of each notice given pursuant
to clause (i) of this subparagraph. After a hearing on a notice
pursuant to such clause, the Administrator shall (1) rescind the
finding for which the notice was given and promptly notify the
St«t<» of Hiirh rpWMBsion or (III nromulawto (with mi/«K mnJiKra-

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                              18

    tions as he deems appropriate) such variance revocations and
    revised  schedules or other requirements proposed  in  such
    notice as he deems appropriate. Not later than 180 days after
    the date a notice is given pursuant to clause (i) of this subpara-
    graph,  the Administrator  shall complete the hearing on the
    notice and take the action required by the preceding sentence.
      (iii) If a  State is  notified under clause (i) of this subpara-
    graph of a finding of the Administrator made with respect to a
    variance granted a public water system within that State or to
    a schedule or other requirement for a variance and if,  before a
    revocation of such variance or a revision of  such schedule or
    other  requirement promulgated by the Administrator take
    effect, the State takes corrective action with respect to such
    variance or schedule  or other requirement which the Adminis-
    trator determines makes his finding inapplicable to such vari-
    ance or schedule or other requirement, the Administrator shall
    rescined the  application of his finding to that variance  or
    schedule or other requirement. No variance  revocation or re-
    vised schedule or other requirement may take effect before the
    expiration of 90 days following the date of the notice in which
    the revocation or revised schedule or  other  requirement was
    proposed.
      (2) If a State does not have primary enforcement responsibil-
    ity for public water systems, the Administrator shall have the
    same authority to grant variances in such State as the State
    would have under paragraph (1) if it had primary enforcement
    responsibility.
      (3) The Administrator may grant a variance from any treat-
    ment technique  requirement of a national primary drinking
    water regulation upon a showing by any person that an alter-
    native treatment technique not included in such requirement
    is at least as efficient in lowering the level of the contaminant
    with respect to which such requirement was prescribed. A vari-
    ance under this paragraph shall be conditioned on  the use of
    the alternative treatment  technique which is the basis of the
    variance.
  (b) Any schedule  or other  requirement on which  a variance
granted under  paragraph (1KB) or (2) of  subsection (a) is condi-
tioned  may be enforced  under section 1414 as  if such schedule or
other requirement was part of a national primary drinking water
regulation.
  (c) If an  application for variance under subsection (a) is made,
the State  receiving the application or the Administrator, as the
case may be, shall act upon such application within a  reasonable
period (as determined under regulations prescribed by the Adminis-
trator) after the date of its submission.
  (d) For purposes of this section, the term  "treatment technique
requirement" means a requirement in a national  primary drinking
water  regulation  which  specifies for contaminant (in accordance
with section 1401(lXCXii) each treatment technique known to the
Administrator which leads to a reduction in the level of such con-
taminant sufficient to satisfy the requirement of section 141L(bX3).
                             19
                         EXEMPTIONS

  SEC. 1416. (a) A state which has primary enforcement responsibil-
ity may exempt  any public water system within the State's juris-
diction from any requirement respecting a maximum contaminant
level or any treatment technique requirement, or from both, of an
applicable national primary drinking water regulation upon a find-
ing that—
      (1) due to  compelling factors (which may include  economic
    factors), the  public water system is unable to comply with such
    contaminant level or treatment technique requirement,
      (2) the public water system was in operation on the effective
    date of such  contaminant level or treatment technique require-
    ment or for  a  system that was not in operation by that date,
    only if no reasonable  alternative source of drinking water is
    available to such new system, and
      (3) the granting of the exemption will not result in  an unrea-
    sonable risk  to health.
  (bXD If a State grants a public water system an exemption under
subsection (a), the State shall  prescribe, wrthm em year ef the date at
the time the exemption is granted, a schedule for—
      (A) compliance (including increments  of  progress) by the
    public water system with each contaminant level requirement
    and  treatment  technique requirement with  respect  to  which
    the exemption  was granted, and
      (B) implementation by the public water system of such con-
    trol measures as the State may require for each contaminant,
    subject to such contaminant  level  requirement or treatment
    technique requirement, during the period ending on the date
    compliance with such requirement is required.
Before a schedule prescribed by a State  pursuant to this subsection
may take effect,  the State shall provide notice and opportunity for
a public hearing on the schedule. A notice given pursuant  to the
preceding sentence may cover  the prescribing  of more  than one
such schedule and  a hearing held  pursuant to such notice shall in-
clude each of the schedules covered by the notice.
  (2XA) A  schedule prescribed  pursuant to  this subsection for  a
public water system granted an  exemption under subsection (a)
shall require compliance  by  the system with  each  contaminant
level and treatment technique requirement with respect to which
the exemption was granted as expeditiously  as practicable (as the
State may reasonably determine) but (except as provided  in sub-
paragraph (B)—
      (i) in the case of an exemption granted with respect to a con-
    taminant level or treatment technique requirement prescribed
    by the interim national primary drinking water regulations pro-
    mulgated under section 1412(a), Mt later than January +7 4W4* not
    later than  12 months after enactment of the Safe Drinking
     Water Act amendments; and
      (ii) in the case of an exemption granted with respect to a
    contaminant level or treatment technique  requirement pre-
    scribed by revtaad national primary drinking water regulations,
    net later than oeven years after tke date weft requirement tabes effeefc

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                               20
    other than a regulation referred to in section 1412(a), 12 months
    after the date of the issuance of the exemption.
  fB) NoliwithatftndiiiK «4< •>•*•« W tmd M «rf nuhpitrnyrupb (A) «4 this puru^niph,
tb«  fifHtJ date for twmpkrtttm pH'H«ribi'il in it ached 11 In pfoiiiTilmd piiraunni. to

determined by the State grunting the exemption) has entered into an cnfunioo
Me agreement to bee«mo it part «4 a regional p«Wie water iiyntom «h»U—
      W H» the ease el ft nehedule proaouribt'd  far tH» exemption grunted with
    re»|teet to ft Hontaminunt level er  treatment technique requirement pre-
    iieribi')! by interim national primary drinking water regulations, be net Httof
    l,hftn I Hniiftrv -t— I HH^i* unii
      M m the ease nf ft schedule pro Beriberi  fef an exemption grunted with
    re»|>eet to ft uonUtminant level er  treatment technique requirement pre-
    Heribod by reviiiod national primary drinking water regulations, be net later
    than »m*> year» after web requirement talii'O effeet
  (B) The final date for compliance provided in any schedule in the
case of any exemption may be extended by the State (in the case of a
State which  has primary enforcement responsibility) or by the Ad-
ministrator (in any other case) for i period  not to exceed 3 years
after the date of the issuance of the exemption if the public water
system establishes that—
      (it the system cannot meet the standard  without capital im-
    provements  which cannot be  completed  within the  period  of
    such exemption;
      (ii) in  the  case of a system which  needs financial assistance
    for the necessary improvements, the system has  entered into an
    agreement to obtain such financial assistance; or
      (Hi) the system has entered into an enforceable agreement to
    become a part of a regional public water system;  and
the system is taking all practicable steps to meet the standard.
  (C) In the  case of a system which does not serve more than 500
service  connections and which needs financial assistance for  the
necessary improvements, an exemption granted under clause (i) or
(ii) of subparagraph (B) may be renewed for one or more additional
2-year periods if the system  establishes that it is taking all practica-
ble steps to meet the requirements of subparagraph (B).
  (3) Each public water system's exemption granted by  a  State
under  subsection (a) shall be conditioned by the State upon compli-
ance by the public water system with the schedule prescribed by
the State pursuant to  this subsection.  The requirements of each
schedule prescribed by a State pursuant to this subsection shall be
enforceable by  the State under  its laws. Any requirement of a
schedule on which  an exemption granted under this section is con-
ditioned may be enforced under section 1414 as if such requirement
was part of a national primarying drinking water regulation.
  (4) Each schedule prescribed  by  a State pursuant to this subsec-
tion shall be deemed approved by the Administrator unless the ex-
emption for which  it was prescribed is revoked by the Administra-
tor under subsection (dX2) or the schedule is revised by the Admin-
istrator under such subsection.
  (c) Each State which  grants an exemption  under subsection (a)
shall promptly notify the Administrator of the granting of such ex-
emption. Such notification shall contain the reasons for the exemp-
tion (including the basis for  the finding required by subsection
(aM) before the exemption may be granted) and document the need
for the exemption.
  (dXl) Not later than 18 months after the effective date of the in-
terim national  primary drinking  water regulations the Administra-
tor shall  complete  a  comprehensive  review of  the  exemptions
granted (and schedules prescribed pursuant thereto) by the States
during the one-year period beginning on  such effective  date. The
Administrator  shall conduct  such subsequent reivews of exemp-
tions and schedules as he deems necessary to carry out the pur-
poses of this title, but each subsequent review shall be completed
within each 3-year  period following  the completion of the  first
review under  this subparagraph.  Before conducting  any  review
under this subparagraph, the administrator shall publish notice of
the proposed review in the Federal  Register. Such notice shall (A)
provide information respecting the location of data and other infor-
mation respecting the exemptions to  be reviewed (including data
and other information concerning new scientific  matters  bearing
on such exemptions), and (B) advise of the opportunity  to submit
comments on the exemptions reviewed and on the need for continu-
ing them. Upon completion of any such review, the Administrator
shall publish in the Federal Register  the results of his  review to-
gether with findings responsive to comments submitted in connec-
tion with  such  review.
  (2KA) If the Administrator finds that a State has, in a substantial
number of instances, abused its  discretion in granting exemptions
under subsection (a) or failed to  prescribe schedules in accordance
with subsection (b), the Administrator shall notify the State of his
finding. In  determining  if a  State has abused  its discretion  in
granting exemptions in a substantial number of instances, the Ad-
ministrator shall consider the  number of persons who are affected
by the exemptions and if the requirements applicable to  the grant-
ing of the exemptions were complied with. A notice under this
paragraph shall—
      (i) identify each exempt  public water system with  respect to
    which the finding was made,
      (ii) specify the reasons for the  findings, and
      (iii) as appropriate, propose revocations of specific exemp-
    tions  or propose  revised schedules  for specific exempt public
    water systems, or both
  (B) The Administrator shall provide  reasonable  notice and public
hearing on the provisions of each notice given pursuant to subpara-
graph (A). After  a hearing on a  notice  pursuant to subparagraph
(A), the Administrator shall (i) rescind the finding for which the
notice was given and promptly notify  the State of such rescission,
or (ii) promulgate (with such  modifications as he  deems appropri-
ate) such  exemption revocations and revised schedules  proposed in
such notice as he deems appropriate. Not later than 180 days after
the date  a notice is given pursuant to subparagraph (A), the Ad-
ministrator shall complete the hearing on the notice and take the
action required by the preceding sentence.
  (C) If a  State is notified under subparagraph (A) of a  finding of
the Administrator made with  respect to an exemption granted a
public water system within that  State or  to a schedule prescribed
nnraiior** »«-» ~.. ~i-

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                               22

exemption or a revision of such schedule promulgated by the Ad-
ministrator takes effect the State takes corrective action with re-
spect to such exemption or schedule which the Administrator de-
termines makes his finding inapplicable to such exemption or
schedule, the Administrator shall rescind the application  of his
finding to that exemption or schedule. No exemption revocation or
revised schedule may take effect before the expiration  of 90 days
following the date of the notice in which the revocation or revised
schedule was proposed.
  (e) For purposes of this section, the term "treatment technique
requirement" means a requirement in a national primary drinking
water  regulation which specifies for a contaminant (in accordance
with section 1401(lXCXii) each treatment  technique known  to  the
Administrator which leads  to a reduction  in the level of such con-
taminant sufficient to satisfy the requirements of section 14iaO>K8).
I412(b).
  (f) Jf a State  does not have primary enforcement responsibility
Tor public water systems,  the Administrator shall have the same
authority to exempt public water systems  in such State from maxi-
mum contaminant level requirements and treatment technique re-
quirements  under the same conditions and in the same manner as
the State would be authorized to grant exemptions under this sec-
tion if  it had primary enforcement responsibility.
  (g) If an application for an exemption under this section is made,
the State receiving the application or the Administrator,  as  the
case may be, shall act upon such application within a reasonable
period  (as determined under regulations prescribed by the Adminis-
trator) after the date of its submission.

       PROHIBITION ON USE OF LEAD PIPES,  SOLDER, AND FLUX

  SEC.  1417.* (a) IN GENERAL.—
      (1) PROHIBITION.—Any pipe, solder,  or flux,  which is used
    after the enactment of the Safe Drinking Water Act Amend-
    ments of 1986, in the installation or repair of—
          (A) any public water system, or
          (B) any plumbing in a residential or nonresidential facil-
        ity  providing water for human consumption which  is con-
        nected to a public water system,
    shall be lead free (within the meaning of subsection (d)). This
    paragraph  shall not apply to leaded joints necessary for  the
    repair of cast iron pipes.
      (2) PUBLIC NOTICE REQUIREMENTS.—
          (A) IN GENERAL.—Each public water system shall  identi-
        fy  and  provide notice to persons  that may be affected by
        lead contamination of their drinking water where such con-
        tamination results from either or both of the following:
              (i) The lead content in the  construction materials of
            the public water distribution system.
              (ii) Corrosivity of the water  supply sufficient to cause
            leaching of lead.
  'I'l. S9-.1.19. Section 109 Ib) NOTIFICATION TO SrATfS. — Tht Administrator of the Envimnmen-
 il l*mir,-tion Atrncy iHall notify nil Stale* with rrtpect to tht requirements of tec I ion 14/7 of
 if l*uhli< ttptilth .Service Act within 90 dayt after the enactment of thu Act
        The notice shall be provided in such manner and form as
        may be reasonably required by the Administrator.  Notice
        under  this  paragraph shall be provided  notwithstanding
        the absence of a violation of any national drinking water
        standard.
          (B) CONTENTS OF NOTICE.—Notice under this paragraph
        shall provide a clear and readily understandable explana-
        tion of—
             (i) the potential  sources  of lead  in  the  drinking
            water,
             (ii) potential adverse health effects.
             (Hi)  reasonably  available  methods  of mitigating
            known or potential lead content in drinking water,
             (iv) any steps the system is taking to mitigate lead
            content in drinking water,  and
             (v) the necessity for seeking alternative water tup-
            plies, if any.
  (b) STATE ENFORCEMENT.—
      (1) ENFORCEMENT OF PROHIBITION.—The requirements of sub-
    section (aXl) shall be enforced in all States effective 24 months
    after the enactment of this section. States shall enforce such re-
    quirements through State or local plumbing codes, or such other
    means of enforcement as the State may determine to  be appro-
    priate.
      (2) ENFORCEMENT OF PUBLIC NOTICE REQUIREMENTS.—The re-
    quirements of subsection (aX2) shall apply in all States effective
    24 months after the enactment of this section.
  (c) PENALTIES.—If the Administrator determines that a State is
not enforcing the requirements of subsection (a) as required pursu-
ant to subsection (b), the Administrator may withhold up to 5 per-
cent of Federal funds available to that State  for State program
grants under section  1443(a).
  (d) DEFINITION OF LEAD FREE.—For purposes  of this section, the
term "lead free"—                 (
      (1) when used with  respect  to solders and flux refers to sol-
    ders and flux containing not more than 0.2 percent lead, and
      (2) when  used with respect to pipes and pipe fittings refers to
    pipes and  pipe fittings containing not more  than 8.0 percent
    lead.

   PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING
                            WATER

                REGULATIONS FOR STATE PROGRAMS

  SEC. 1421. (aXl) The Administrator shall publish proposed  regula-
tions for State  underground  injection  control programs within 180
days after the date of enactment of this title. Within 180 days after
publication of such proposed regulations, he shall promulgate such
regulations with such modifications as he deems  appropriate. Any
regulation under this subsection may be amended from time to
time.
  (2) Any regulation under this section shall be proposed and pro-
mulgated in accordance with section  553 of title 5 llnit^H  S»«t«~

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                               24

Code (relating to rulemaking), except that the Administrator shall
provide opportunity for public  hearing prior to promulgation of
such regulations. In proposing and promulgating regulations under
this section,  the Administrator shall  consult with  the  Secretary,
the National Drinking Water Advisory Council, and other appro-
priate Federal entities and with  interested State entities.
  (bXl) Regulations under subsection (a) for State underground in-
jection programs shall contain minimum requirements for effective
programs to prevent underground injection which endangers drink-
ing water sources within the meaning of subsection (dX2). Such reg-
ulations  shall require that  a State program, in order  to be ap-
proved under section 1422—
      (A) shall prohibit, effective on the date  on which the applica-
    ble underground injection  control program takes effect,  any
    underground injection in such State which is not authorized by
    a permit issued by the State (except that the regulations may
    permit a State to authorize underground injection by rule);
      (B) shall require (i) in the case of a program which provides
    for authorization of underground injection by permit, that the
    applicant for the permit to inject  must satisfy the  State that
    the underground  injection  will not endanger drinking water
    sources, and (ii) in the case of a  program which provides for
    such an authorization by rule,  that no rule may be promulgat-
    ed which authorizes  any underground injection which endan-
    gers drinking water sources;
      (C) shall include inspection,  monitoring, recordkeeping, and
    reporting requirements; and
      (D) shall apply (i) as prescribed by section 1447(b), to under-
    ground injections  by  Federal agencies, and (ii) to underground
    injections by any other person whether  or not occurring on
    property owned or leased by the United States.
  (2) Regulations of the Administrator under this section for State
underground injection control programs may  not prescribe require-
ments which interfere with or impede—
      (A) the underground injection of brine  or other fluids which
    are brought to the surface in connection with oil or natural gas
    production or natural gas storage operations,  or
      (B) any underground  i, jfCtion for the  secondary  or tertiary
    recovery of oil or natural gas,
unless such requirements are essential to assure that underground
sources of drinking water will not be endangered by such injection.
  (3XA) The regulations  for the Administrator under this section
shall permit or provide for consideration of varying geologic, hydro-
logical, or historical conditions  in different States and in different
areas within a State.
  (BXi) In prescribing regulations under this  section the Adminis-
trator shall, to  the extent feasible, avoid promulgation  of require-
 ments which would unnecessarily disrupt State underground injec-
 tion control  programs which are in effect and being enforced  in a
 substantial number of States.
   (ii) For the purpose of this subparagraph, a  regulation  prescribed
 by the Administrator under this section shall be deemed to disrupt
 a State  underground injection control  program only if it would be
                               25

infeasible to comply with both such regulation and the State under
ground injection control programs.
  (iii)  For  the purpose  of this subparagraph, a  regulation pre-
scribed by the Administrator under this section shall  be deemed
unnecessary only if, without such regulation, underground sources
of drinking water will not be endangered by any underground in-
jection.
  (C) Nothing in this section shall be construed to alter or affect
the duty to assure that underground sources of drinking water will
not be endangered by any underground injection.
  (cKl) The Administrator may, upon application of the Governor
of a  State which authorizes underground injection by means of per-
mits, authorize such  State to issue (without regard to subsection
(bXlXBXi)) temporary  permits for underground injection which may
be effective until the expiration of four years after the date of en-
actment of this title, if—
      (A) the Administrator  finds that the State has demonstrated
    that it  is  unable and could not reasonably have been able to
    process all permit applications within the time available;
      (B) the  Administrator  determines the adverse effect on  the
    environment of such temporary permits is not unwarranted;
      (C) such temporary permits will be issued only with respect
    to injection wells in  operation  on  the date on which such
    State s  permit  program  approved under this part first takes
    effect and for which there was  inadequate  time to process ilu
    permit application; and
      (D) the Administrator  determines the temporary permits re-
    quire the use  of adequate safeguards established  by  rules
    adopted by him.
  (2) The Administrator may, upon application of the Governor of a
State which authorizes underground injection by means of permit*),
authorize  such  State  to issue  (without  regard  to  subsection
(bXIXBXi)),  but after  reasonable notice and hearing, one or more
temporary permits each of which is applicable to a particular injec-
tion  well and to the underground injection of a particular fluid and
which  may be effective until  the expiration of four years after  the
date of enactment of  this title, if the State finds, on the record of
such hearing—
      (A) that technology (or other means) to permit safe injection
    of the fluid in accordance with the applicable underground in
    jection control program is not generally available (taking costs
    into consideration);
      (B) that injection of the fluid would be less harmful to health
    than the use of other available means of disposing of waste or
    producing the desired product; and
      (C) that available technology or other means have been em
    ployed (and will be employed) to reduce the  volume and toxin
    ty of the fluid and to minimize the potentially adverse effect of
    the injection on the public health.
  (d) For purposes of this part:
      (1) The term  "underground injection" means the  subsurface
    emplu  'incut of fluids by well injection. Such term does not in
    elude I he underground injection of natural gas for nnrno«» ,,<

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                               26

      (2) Underground injection endangers drinking water sources
    if such injection may result in the presence in  underground
    water which supplies or can reasonably be expected to supply
    any public water system of any contaminant, and if the pres-
    ence of such contaminant may result in such system's not com-
    plying with any national primary drinking water  regulation or
    may otherwise adversely affect the health of persons.

           STATE PRIMARY ENFORCEMENT RESPONSIBILITY

  SEC. 1422 (a) Within 180 days after the date of enactment of this
title,  the  Administrator  shall  list in the Federal Register each
State for which  in his judgment a State underground injection con-
trol program may be necessary to assure that underground  injec-
tion  will not endanger drinking water sources. Such list  may be
amended from time to time.
  (bXIXA) Each State listed  under  subsection (a) shall within 270
days after the date of promulgation of any regulation under section
1421 (or, if later, within  270 days  after such State is  first listed
under subsection (a)) submit to the Administrator an application
which contains  a showing satisfactory to the Administrator  that
the State—
      (i) has adopted after reasonable notice and public hearings,
    and will implement, an underground injection control program
    which  meets the requirements of regulations in effect under
    section 1421; and
      (ii) will keep such  records and  make such  reports with re-
    spect to its activities under  its underground injection control
    program as the Administrator may require by regulation.
The Administrator may, for good cause, extend the date for submis-
sion of an application by  any State under this subparagraph for a
period not to exceed an additional 270 days.
  (B) Within 270 days of any amendment of a regulation under sec-
tion  1421 revising or adding  any requirement respecting State un-
derground injection control programs, each State listed  under sub-
section (a) shall submit (in such form and manner as  the Adminis-
trator may  require) a notice to the  Administrator  containing a
showing satisfactory to him  that the State  underground  injection
control program meets the revised or added requirement.
  (2) Within ninety days  after  the State's application under para-
graph (IMA) or notice under  paragraph (1KB) and after  reasonable
opportunity for  presentation of views, the Administrator shall by
rule either approve, disapprove, or approve in part and  disapprove
in part, the State's underground injection control program.
  (3)  If the Administrator approves  the State's program under
paragraph (2), the State shall have primary enforcement responsi-
bility for underground water sources until such time as the Admin-
istrator determines, by rule, that such State no  longer meets the
requirements of clause (i) or (ii) of paragraph UK A) of this subsec-
tion.
  (4)  Before promulgating any rule under paragraph (2) or  (3) of
this  subsection, the Administrator shall provide opportunity for
public hearing respecting such rule.
                              27

  (c) If the Administrator disapproves a State's program  (or part
thereof) under  subsection (bM2), if the Administrator determines
under subsection (bX3) that a State no longer meets the  require-
ments of clause (i) or (ii) of subsection (bXIKA), or if a State fails to
submit an application or notice before the date of expiration of the
period specified in subsection (bXl), the Administrator shall by reg-
ulation within 90 days after the date of such disapproval, determi-
nation, or expiration (as the case may be) prescribe (and may from
time to time by  regulation  revise) a program applicable  to such
State meeting the requirements of section 1421(b). Such program
may not include requirements which interfere with or impede—
      (1) the underground injection of brine  or other fluids which
    are brought to the surface in connection with oil or natural gas
    production or natural gas storage operations,  or
      (2) an underground injection for the secondary or tertiary re-
    covery of oil or natural gas,
unless such requirements are essential to assure that underground
sources of drinking water will not be endangered by such injection.
Such program shall apply in such State to the  extent that a pro-
gram adopted by such State which the Administrator determines
meets such requirements is  not in effect.  Before promulgating any
regulation under this section, the Administrator shall provide op-
portunity for public hearing respecting such regulation.
  (d) For purposes of this title, the term  "applicable underground
injection control program" with respect to a State means  the pro-
gram (or  most  recent  amendment thereof)  (1) which has  been
adopted by the State and which has been approved  under subsec-
tion (b),  or  (2) which has been prescribed by  the Administrator
under subsection (c)
  (e) An Indian Tribe may assume primary enforcement responsibil-
ity  for underground injection  control under this section consistent
with such regulations as the Administrator has prescribed pursuant
to Part C and section 1451  of this Act. The  area over which such
Indian Tribe exercises governmental jurisdiction need not have been
listed under subsection (a) of this section, and such Tribe need not
submit an application to assume primary enforcement responsibility
within the 270-day deadline noted in subsection (bXIXA) of this sec-
tion. Until an Indian Tribe assumes primary enforcement responsi-
bility, the currently applicable underground  injection  control pro-
gram shall continue to apply. If an applicable underground  injec-
tion control program does not exist for an  Indian Tribe, the Admin-
istrator shall prescribe such a program pursuant to subsection (c) of
this section,  and consistent with section  U21(b), within 970 days
after the enactment of the Safe Drinking Water Act Amendments of
1986, unless an Indian Tribe first obtains approval to assume pri-
mary enforcement responsibility for underground injection control.'

      PAHiUBB »P 8T*W» TO A88VBB ENFORCEMENT OF PROGRAM

  SEC.  1423. (aXD  Whenever  the Administrator finds during  a
period during which a State has primary enforcement responsibil-
ity for underground water sources (within the meaning of section
1422(bX3)) or section 1422(bX3) that any person who is subject to a
requirement of an applicable  underground  injection control pro-

 image: 






                                 28
gram in such State is violating such requirement he shall so notify
the State and the person violating such requirement. W tW Adinmin




(•top* being token to bring mush person  mte eunipliaime with gueh  requirement

eomplmmMi with ttueh requirement and  fer any failure to take tttepe to bring
«ueh person into eomplianee with gueh requirement). U —
      I A \ aufklk fftillirfl ^t fiftlflHJV AW^MwlA IwMMUul ^M4 MV^Mtfcli littV flft-TlT l.tll1! litttj'
    Ot Wt+T fMntov £tVoft jfnrntftftv vo vnO HPvv vMMoftOo O» vltlS ptfcftfc^Ftipn^ ftftu
           the State fait* to submit the report requested by the AdmiiiiHtrutor
    within the time period prescribed by the preceding sentence, or
      M the State gubmita swob. report within such peried but the Admini»tra-
    tor  after  oonnidoring the report; determines that by failing to take neees-
    fMfcfV M4?pfl to DPIIIf£  Btt6n flMMWOR IHM) Q&HHMMMIGG wV fHHwt vntUtnft ttttV WM)

    ity f»r underground water
the Adnuniotrator  may commence a eivii action under gubsoction (brH4r If
beyond the thirtieth day after the Administrator's notification the
State has not commenced appropriate enforcement action, the Ad-
ministrator shall issue an order under subsection (c) requiring the
person to comply with such requirement or the Administrator shall
commence a civil action under subsection (b).
  (2)  Whenever  the  Adminstrator  finds  during  a period  during
which a State does not have primary enforcement responsibility for
underground water sources that any person subject to any require-
ment of any  applicable  underground injection control program in
such  States is violating such requirement, he may oomnienoe a eivil
action under uubneetion (WfOr the Administrator shall issue an order
under subsection (c) requiring the person  to comply  with such re-
quirement or the Administrator shall commence a civil action under
subsection (b).
       When authorised by guboeetion W-, the Adminigtrittor may bring a civil
       compliance with any requirement ef an applicable underground injection
centre) program. The ee«trt may enter gueh judgement as protection el public
health may require, including, m the eaee el an aetien brought against a person
whe violateo an applicable requirement el an underground injection eentrol pro-
gram and whe M located m a Btate whieh has primary cnforeement roapongibil-
ity  for underground water  «a«ree&; the impooition el a eml penalty el net to
             fj.— j-». ~L.
             nff won
piratien el 80 day* alter receiving notiee under guboeetion
  (9) Any person whe violate* any requirement el an appliuable underground
injection centre) program to whieh lie M subject during any period for whieh the
State does not have primary enforcement reapongibility for underground water
AOttFOAfi \ A| Mftttn B0 MftwtOOv *O ft CtVtt vOffMMvV Of nov fnoFO vftAfl ^Of\n^j flfffP oAvn
oftY tOf BtWfl VIOfffMtOR^ Q9  \&f ™ wttww VivlftMoA W TBrOTftiIfy WwJfr |FWFflwli flltfcjrj Ifl
H6tt  0f MlO WVM  pWMkWy vtMnvftM)Q ^
t IO 000 fop 0A0h ^ft¥ of Buoh vioiittion
   (b) CIVIL  AND CRIMINAL ACTIONS. — Civil actions referred to in
paragraphs  (1) and (2) of subsection (a) shall be brought in the ap-
propriate  United States district court. Such court shall have juris-
diction to require compliance with any requirement of an applicable
                                 29

 underground injection program or with an order issued under sub
 section (c).  The court  may enter such judgment as  protection of
 public health may require. Any person who violates any requirement
 of an applicable underground injection control program or an order
 requiring compliance under subsection (c)—
       (1) shall be subject to a civil penalty of not more than f25,000
     for each day of such violation, and
       (2) if such violation  is willful, such person may, in addition
     to or in lieu of the civil penalty authorized by paragraph (1), be
     imprisoned for not more than 3 years, or fined in accordance
     with title 18 of the United States Code, or both.
   (c) ADMINISTRATIVE ORDERS.—(1) In any case in  which  the  Ad
 ministrator is authorized to bring a civil action under this section
 with respect to any  regulation  or other  requirement of this part
 other than those relating to—
       (A) the  underground injection of brine or other fluids which
     are brought to  the surface in connection with oil or natural gas
     production, or
       (B) any underground injection for the secondary or tertiary re-
     covery of oil or natural gas,
 the  Administrator  may also issue an  order under  this subsection
 either assessing a civil penalty of not more than $10,000 for each
 day of violation for any past or current violation, up to a maximum
 administrative penalty of  $125,000, or requiring compliance with
 such regulation or other requirement, or both.
   (2) In any case in which  the Administrator is  authorized  to bring
 a civil action  under  this section  with respect to any regulation, or
 other requirement of this part relating to—
       (A) the  underground injection of brine or other fluids which
     are brought to  the surface in connection with oil or natural gas
     production, or
       (B) any underground injection for the secondary or tertiary re
     covery of oil or natural gas,
 the  Administrator  may also issue an  order under  this subsection
 either assessing a civil penalty of not more than  $5,000 for each  day
 of violation for any past or current violation, up to a maximum ad-
 ministrative penalty of $125.000, or requiring compliance with such
 regulation or other requirement, or both.
   (3XA) An  order under this subsection shall be issued by  the  Ad
 ministrator after opportunity (provided in accordance with this sub-
paragraph) for a hearing. Before issuing the order, the Administra-
 tor shall give  to the person to whom it is  directed written notice of
 the Administrator's proposal to issue such order and the opportuni-
 ty to request,  within 30 days of the date the notice is received by
such person, a hearing  on the order. Such  hearing shall not be sub-
ject  to section 554  or 556 of title 5, United States Code, but shall
provide a reasonable opportunity  to be heard and  to present  evi
dence.
   (B) The Administrator shall provide public notice of, and reasona
 ble opportunity to comment  on, any proposed order.
   (C) Any citizen who comments on any proposed order under sub
paragraph (B) shall be given notice of any hearing under this sub

 image: 






(A>, such citizen shall have a reasonable opportunity to be heard
and to present evidence.
  (I)> Any order issiu <i under this subsection shall become effective
.10 days following its issuance unless an appeal is taken pursuant to
[Kirngraph (6).
  (4XA) Any order issued under this subsection shall state with rea-
sonable specificity the nature of the violation and may specify a rea-
sonable time for compliance.
  (R) In assessing any civil penalty under this subsection, the Ad-
ministrator shall take into account appropriate factors, including (i)
the seriousness of the violation; (ii) the economic  benefit  (if any) re-
sulting from the violation; (Hi) any history of such violations; (iv)
any goad-faith efforts to comply with the applicable requirements;
d<) the economic impact of the penalty on the violator; and (vi) such
other matters as justice may require.
  (5)  Any violation  with respect to which the Administrator has
commenced  and is diligently prosecuting an action, or has issued an
order under this subsection assessing a penalty, shall not be subject
to an action under subsection (b) of-this section or section 1424(c) or
1449,  except that the foregoing limitation on civil actions under sec-
tion  1449 of this Act shall not apply  with respect to any  violation
for which—
      (A) a  civil action under section H49(a)(l) has been filed prior
    to commencement of an action under this subsection,  or
      (B) a notice of violation under section 144&(b)(l) has been
    given before commencement of an action under this subsection
    and an  action under section 1449(a)(l) of this Act is filed before
    120 days after such notice is given.
  (6) Any person against whom an order is issued or who comment-
ed on a proposed order pursuant to paragraph (3) may file an appeal
of such order with the United States District Court for the District
of Columbia or the district in which the violation is alleged to have
occurred. Such an appeal may only be filed within the Sv-day period
beginning on the date the order is issued. Appellant shall simulta-
neously send a copy  of the appeal by certified mail to the Adminis-
trator and  to  the  Attorney  General.   The Administrator  shall
promptly file in such  court a certified copy of the record on which
such  order  was imposed. The  district court shall not set aside  or
remand such order  unless there is not substantial evidence on the
record,  taken as a whole,  to support the finding of a violation or,
unless the Administrator's assessment of penalty or requirement for
compliance  constitutes an abuse  of discretion. The district  court
shall not impose add:tional civil penalties for the same  violation
unless the Administrator's assessment of a  penalty constitutes an
abuse of discretion.  Notwithstanding section  1448(aX2), any  order
issued under paragraph (S) shall be subject to judicial review exclu-
sively under this paragraph.
  (7)  If any person  fails to pay an assessment of a civil penalty—
       (A) after  the  order becomes effective under paragraph (3),  or
       (B) after a court,  in an action brought  under paragraph (6),
    has entered a final judgment in favor of the Administrator,
the Administrator may request the Attorney General to bring a civil
action in an  appropriate district court to recover the amount as-
sensed (plus costs, attorneys' fees, and interest at currently prevailing
                               31

rates from the date the order is effective or the date of such final
judgment,  as  the case  may be). In such  an action, the validity,
amount, and appropriateness of such penalty shall not be subject to
review.
  (8) The Administrator  may, in connection with  administrative
proceedings under this  subsection,  issue subpoenas compelling the
attendance and testimony of witnesses and subpoenas duces tecum,
and may request the Attorney General to bring an action to enforce
any subpoena under this section. The district court* shall have ju-
risdiction to enforce such subpoenas and impose sanction.
  W (d)  Nothing in this title shall  diminish any  authority of a
State or political subdivision to adopt or enforce any law or regula-
tion respecting underground injection but no such law or regula-
tion shall relieve any person of any requirement otherwise applica-
ble under this title.

         INTERIM REGULATION OF UNDERGROUND INJECTIONS

  SEC. 1424.  (aXl) Any person may petition  the Administrator to
have an  area of a State (or States) designated as an area in which
no  new  underground injection  well  may be operated during the
period beginning on the date of the designation and ending on the
date on  which the applicable underground  injection control  pro-
gram covering such area takes effect unless a permit for the oper-
ation of such well has been issued by the Administrator under sub-
section (b). The Administrator may so designate an area within a
State if he finds that the area has one aquifer which is the sole or
principal drinking water source for the area and which, if contami-
nated, would create a significant hazard  to public health.
  (2) Upon receipt of a  petition  under paragraph (1) of this subsec-
tion, the Administrator shall publish  it in  the Federal Register and
shall provide an opportunity to interested persons to submit writ-
ten data, views, or arguments thereon. Not later than the 30th day
following the date of the publication  of a petition under this para-
graph in the Federal Register, the Administrator shall either make
the designation for which the petition is submitted or deny the pe-
tition.
  (bXD During the period beginning  on the date an area  is desig-
nated under subsection (a) and ending on the date  the applicable
underground  injection  control program covering such area takes
effect, no new underground injection  well  may be operated in such
area unless the  Administrator has issued a permit  for such oper-
ation.
  (2) Any person may petition the Administrator for the issuance
of a permit for the operation of such a well in such an area. A peti-
tion submitted under this paragraph shall  be submitted in such
manner  and contain such information as the Administrator may
require by regulation. Upon receipt of such a petition, the Adminis-
trator shall publish it in the Federal Register. The  Administrator
shall give notice of any proceeding on a petition and shall provide
opportunity for agency hearing. The  Administrator shall act upon
such petition on the record of  any hearing  held pursuant to the
preceding sentence respecting such petition. Within 120 days of the
publication in the Federal Register of a petition submitted under

 image: 






this paragraph, the Administrator shall either issue the permit for
which the petition was submitted or shall deny its issuance.
  (3) The Administrator may issue a permit for the operation of a
new underground injection well in  an area designated  under sub-
section (a) only if he finds that the  operation of such well will not
cause contamination  of the aquifer of such area so as to create a
significant hazard to public health.  The Administrator may condi-
tion the issuance of such a permit upon the use of such control
measures in connection with the operation of such well, for which
the permit is to be issued, as he deems necessary to assure that the
operation of the well will not contaminate the aquifer of the desig-
nated area in which the well ia located so as to create a significant
hazard to public health.
  (c) Any person who operates a new underground injection well in
violation of subsection (b), (1) shall  be subject to a civil penalty of
not more than $5,000 for each day in which such  violation occurs,
pr (2) if such violation is willful, such person may,  in  lieu of the
civil penalty  authorized by  clause (1) be fined  not more  than
$10,000 for each day in which such violation occurs. If the Adminis-
trator has reason to believe that any person is violating or will vio-
late subsection (b), he may petition  the United States disrict court
to issue  a temporary restraining order or injunction (including a
mandatory injunction) to enforce such subsection.
  (d) For purposes of this section, the term "new  underground  in-
jection well" means an underground injection well whose operation
was not approved by appropriate State and Federal agencies before
the date of the enactment of this title.
  (e) If the Administrator determines, on his own initiative or upon
petition, that an area has an aquifer which is the  sole or principal
drinking water source for  the area and  which, if contaminated,
would create a significant hazard to public  health, he shall publish
notice of that determination in the Federal Register. After the pub-
lication of any such  notice,  no commitment for Federal financial
assistance (through a grant, contract, loan guarantee, or otherwise)
may be entered into for any project  which the Administrator deter-
mines may contaminate such aquifer through a recharge zone so as
to create a  significant hazard  to public health, but a commitment
for Federal financial assistance may, if authorized under another
provision of law, be entered into to plan or design  the project to
assure that  it will not so contaminate the aquifer.

  OPTIONAL DEMONSTRATION BY STATES RELATING TO OIL OR NATURAL
                               GAS

  SEC. 1425. (a) For purposes of the Administrator's approval or dis-
approval under section  1422 of that  portion of any  State under-
ground injection control  program which relates to—
      (1) the underground injection of brine or other fluids which
     are brought to the surface in connection with oil or natural gas
     production or natural gas storage operations, or,
      (2) any underground injection for the secondary  or tertiary
     recovery of oil or natural gas.
in lieu of the showing required under subparagraph (A) of section
1422<bXl) the State may  demonstrate that such portion of the Stnte
                                33

 program meets the requirements of subpuragraphs (A) through d)i
 of section-1421(bXl I and represents an effective program (including
 adequate recordkeeping and reporting) to prevent underground in-
 jection which endangers drinking water sources.
   (b) If the Administrator revises or amends any requirement  of a
 regulation under section 1421  relating to any aspect of the under
 ground injection  referred to in  subsection (a), in the case of thai
 portion of a State underground injection control program for which
 the demonstration referred to in subsection (a) has been made, in
 lieu of the showing  required under section 1422(bXlXB) the State
 may demonstrate that, with respect to that  aspect of such under
 ground injection, the State program meets the requirements of sub
 paragraphs (A) through (D) of section  1421(bXl) and represents an
 effective program (including adequate recordkeeping and reporting!
 to prevent underground injection which endangers drinking water
 sources.
   (cXl) Section 1422(bX3) shall  not apply to that  portion  of  any
 State  underground injection control program  approved by the  Ad
 ministrator pursuant to  a demonstration under subsection (a) of
 this section (and under subsection (b) of this section where applica-
 ble).
   (2) If pursuant to  such a demonstration, the Administrator ap-
 proves such portion of the State program, the State shall have  pri-
 mary  enforcement responsibility with respect to that portion until
 such time as the Administrator determines, by rule, that such dem-
 onstration is no longer valid. Following such a determination,  the
 Administrator may  exercise the authority of subsection  (c) of sec-
 tion 1422 in the same manner as provided in such subsection with
 respect to a determination described in such subsections.
   (3) Before  promulgating any rule under paragraph  (2),  the  Ad
 ministrator shall provide opportunity for public hearing respecting
 such rule.

                 REGULATION OF STATE PROGRAMS

   SEC.  1426. (a) MONITORING METHODS.—Not  later than 18 months
 after enactment of the Safe Drinking Water Act Amendments of
 1986, the Administrator shall modify regulations issued under this
 Act for Class I injection  wells  to identify monitoring methods, in
 addition to those in effect on November 1, 1985,  including ground
 water  monitoring. In  accordance with such regulations,  the Admin
 istrator, or delegated State authority, shall determine the applica-
 bility  of such monitoring methods,  wherever appropriate,  at loca-
 tions and in such a manner as  to provide the earliest possible detec
 lion of fluid migration into, or in the direction of, underground
 sources of drinking water from such wells, based on its assessment
 of the potential for fluid migration from the injection zone that
 may be harmful to human health or the environment. For purposes
 of this subsection, a class I injection well  is defined in accordance
 with 40 CFR 146.05 as in effect  on November 1, 1985.
   (b) REPORT.—The  Administrator shall submit a report to Con
gress,  no  later than  September 1987, summarizing  the results of
 State surveys required by the Administrator under this section. The
 rcrxirt  vhnlf ;n*l,,,l~   i  r .<•••<

 image: 






                               34

      (1) The numbers and categories of class V wells which  dis-
    charge  nonhazardous  waste into or  above an  underground
    source of drinking water.
      (2) The primary contamination problems associated with  dif-
    ferent categories of these disposal wells.
      (3) Recommendations for minimum design, construction,  in-
    stallation, and siting requirements that should be applied to
    protect  underground sources of drinking water from such con-
    tamination wherever necessary.

          SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

  SEC. 1427. (a) PURPOSE.—The purpose of this section is to estab-
lish procedures for development,  implementation, and assessment of
demonstration programs designed to protect critical aqii'fer protec-
tion areas  located within areas designated  as sole  or  principal
source aquifers under section 1424(e) of this Act.
  ib) DEFINITION.—For purposes of this section, the term  "critical
aquifer protection area " means either of the following:
      (1) All or part of an  area located within an area for which an
    application or designation as a sole or principal source aquifer
    pursuant to section 1424(e), has been submitted and approved by
    the Administrator not later than 24 months after the enactment
    of the  Safe Drinking  Water Act Amendments  of 1986  and
    which satisfies the criteria established  by  the Administrator
    under subsection (d).
      (2) All or part of an area which is within an aquifer desig-
    nated as a  sole source aquifer as of the enactment of the Safe
    Drinking Water Act Amendments of 1986 and for which an
    areawide ground  water quality protection plan has been  ap-
    proved  under section 208 of the  Clean  Water Act prior to such
    enactment.
  (c) APPLICATION.—Any State,  municipal or local government or
political subdivision thereof or any planning entity (including any
interstate regional planning entity) that identifies a critical aquifer
protection  area over which it  has  authority or jurisdiction may
apply to the Administrator for the selection of such  area for a dem-
onstration program under </•.<•>• section. Any applicant shall consult
with other government or planning entities with authority or juris-
diction in such ana prior  to application. Applicants, other than  the
Governor, shall submit the application for a demonstration program
jointly with the Governor.
  (d) CRITERIA.—Not later than 1 year after  the enactment  of the
Safe Drinking Water Act  Amendments of 1986, the Administrator
shall, by rule, establish criteria for identifying critical aquifer  pro-
tection areas under this section.  In establishing such criteria,  the
Administrator shall consider each of the following:
      (1) The vulnerability of the aquifer to contamination due to
    hydrogeologic characteristics.
      (2) The number of persons or the proportion of population
    using the ground water as a  drinking water source.
      (3) The economic,  social and environmental  benefits that
    would result to the area from maintenance of ground water of
    high quality.
                               35

      (4) The economic, social and environmental costs that would
    result from degradation of the quality of the ground water.
  (e) CONTENTS OF APPLICATION.—An application submitted to the
Administrator by any applicant for a demonstration program under
this section shall meet each of the following requirements:
      (1) The application shall propose boundaries for the critical
    aquifer protection area within its jurisdiction.
      (2) The application shall designate or, if necessary, establish
    a planning entity (which shall be  c public  agency and which
    shall include representation of elected local and State govern-
    mental officials) to develop a comprehensive management plan
    <hereinfter in this section referred to as the "plan ") for the criti-
    cal protection area. Where a local government planning agency
    exists with adequate authority to carry out this section with re-
    spect to any proposed critical protection area, such agency shall
    be designated as the planning entity.
      (S) The application shall establish procedures for public par-
    ticipation in the development of the plan, for review, approval,
    and adoption of the plan, and for assistance to municipalities
    and other public agencies with authority under State law to im-
    plement the plan.
      (4) The application shall include a  hydrogeologic assessment
    of surface and ground water resources within the critical protec-
    tion area.
      (5)  The application shall  include a comprehensive manage-
    ment plan for the proposed protection area.
      (6) The application shall include the measures and schedule
    proposed for implementation of such plan.
  (f) COMPREHENSIVE PLAN.—
      (1)  The objective of a comprehensive management plan sub-
    mitted by an applicant under this  section shall be to maintain
    the quality of the ground water in the critical protection area in
    a manner reasonably expected to protect human health, the en-
    vironment and ground wafer resources. In order to achieve such
    objective, the plan may be designed to maintain, to the maxi-
    mum extent possible,  the natural vegetative and hydrogeological
    conditions. Each of the following elements shall be included in
    such a protection plan:
           (A) A map showing the detailed boundary of the critical
        protection area.
           (B) An identification of existing and potential point and
        nonpoint sources of ground water degradation.
           (C) An assessment of the relationship between activities
        on the land surface and ground water quality.
           (D) Specific actions and management practices to be im-
        plemented in  the critical protection area to prevent adverse
        impacts on ground water quality.
           (E) Identification of authority adequate to implement the
        plan, estimates  of program  costs,  and sources  of State
        matching funds.
      (2) Such plan  may also include the following:
           (A) A determination of the quality of the existing ground
        water recharged through  the  special protection area and

 image: 






        the natural recharge capabilities of the social protection
        area watershed.
          (B) Requirements designed to maintain existing  under-
        ground drinking  water quality or  improi<e  underground
        drinking water quality if prevailing conditions fail to meet
        drinking water standards, pursuant  to this Act and State
        law.
          (C) Limits on Federal, State,  and local government, fi-
        nancially assisted activities and projects which may con-
        tribute to degradation of such ground water or any  loss of
        natural surface and subsurface infiltration of purification
        capability of the special protection watershed.
          (D) A comprehensive statement of land use management
        including emergency contingency planning as  it pertains to
        the maintenance of the quality of underground sources of
        drinking water or to  the  improvement of such sources if
        necessary  to meet drinking water standards pursuant  to
        this Act and State law.
          (E) Actions  in  the special protection area  which  would
        avoid adverse impacts on water quality, recharge capabili-
        ties, or both.
          (F) Consideration  of specific techniques, which may in-
        clude clustering, transfer of development  rights, and other
        innovative measures sufficient to achieve the objectives of
        this section.
          (G) Consideration of the  establishment of a  State institu-
        tion to facilitate and assist funding a development transfer
        credit system.
          (H) A program for State  and local implementation of the
        plan described in this subsection  in a manner that will
        insure the  continued, uniform, consistent protection  of the
        critical protection  area in accord with the purposes of this
        section.
          (I) Pollution abatement measures, if appropriate.
  (g) PLANS  UNDER SECTION 208 OF  THE CLEAN WATER ACT.—A
plan approved before the enactment of the Safe Drinking Water Act
Amendments of 1986 under section 208 of the Clean  Water  Act to
protect a sole source aquifer designated under section  H24(e) of this
Act shall be considered a comprehensive management plan for  the
purposes of this section.
  (n) CONSULTATION AND HEARINGS.—During the development of a
comprehensive  management plan under this  section,  the planning
entity shall consult with, ana consider the comments of, appropriate
officials of any municipality and State or Federal agency which has
jurisdiction over lands and waters  within the special protection
area, other concerned organizations and technical and citizen advi-
sory committees. The planning entity shall conduct public hearings
at places  within the special protection ana for the purpose of pro-
viding the opportunity to comment on any aspect of the plan.
  (i) APPROVAL OR  DISAPPROVAL. — Within 120 days after receipt of
an application under this section, the Administrator shall approve
or disapprove the application. The approval or disapproval shall be
based on  a  determination that  the critical protection area satisfies
the criteria  established under subsection Id) and that  a demonalra-
                                                                                                                37
lion program for the area would provide protection for ground water
quality consistent with the objectives stated in subsection (f).  The
Administrator shall provide to the Governor a written explanation
of the reasons for the disapproval of any such application. Any peti-
tioner  may modify and resubmit any application which is not ap-
proved. Upon approval of an application, the Administrator may
enter into a cooperative agreement with the applicant to establish a
demonstration program under this section.
  (j) GRANTS AND  REIMBURSEMENT.—Upon entering a cooperative
agreement  under subsection (i),  the Administrator may provide to
the applicant, on a matching basis, a grant of 50 per centum of the
costs of implementing  the plan established under this section.  The
Administrator  may also reimburse the applicant of an approved
plan up to 50 per centum of the costs of developing such plan, except
for plans approved under section 208 of the  Clean Water Act.  The
total amount of grants under this section for  any one aquifer, desig-
nated under section 1424M shall not exceed $4,000,000 in any one
fiscal year.
  (k) ACTIVITIES  FUNDED UNDER  OTHER  LAW.—No funds  author-
ized under this subsection  may be used to fund activities funded
under  other sections of this Act or the Clean Water Act, the Solid
Waste  Disposal Act, the  Comprehensive Environmental  Response.
Compensation,  and Liability Act of 1980 or other environmental
laws.
  (1) REPORT.—Not later than December SI,  1989, each State shall
submit to the Administrator a  report assessing the impact of the
program on ground water quality and identifying  those measures
found  to be effective in protecting ground water resources. No later
than September SO, 1990, the Administrator shall submit  to Con-
gress a report summarizing the State reports, and assessing the ac-
complishments of the sole source aquifer demonstration program in-
cluding an identification of protection methods found to be most ef-
fective and recommendations for their application to protect ground
water resources from contamination whenever necessary.
  (m) SAVINGS PROVISION.—Nothing under this section shall be con-
strued to amend, supersede or abrogate rights to quantities of water
which  have been established by interstate water compacts, Supreme
Court decrees, or State water laws; or any requirement imposed or
right provided under any Federal or State environmental or public
health statute.
  (n) AUTHORIZATION.—There are  authorized to be appropriated to
carry out this section not more than the following amounts:
Fitcal year:
    1987    
    1988    
    1989    
    1990    
    1991    
    Amount
$10.000,000
 15.000,000
 17,500.000
 17.500.000
 17.500.000
  Matching grants under this section may also  be  used to imple
ment or update any water quality management plan for a sole or
principal source aquifer approved (before the date of the enactment
of this section) by the Administrator under section 208 of the Feder
al Water Pollution Control Act.

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   STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS

  SEC. H'28. (a) STATE PROGRAMS.—The Governor or Governor's des
ignee of each State shall, within 3 years of the date of enactment »f
the  Safe  Drinking  Water Act Amendments of 1986,  adopt  and
submit to the Administrator a State program to protect wellhead
areas within their jurisdiction from contaminants which may have
any  adverse  effect on the health of persons. Each State program
under this section shall, at a minimum—
      (1> specify the  duties of State agencies,  local governmental en-
    tities, and public water supply systems with respect to the devel-
    opment  and  implementation of programs required  by  this sec-
    tion;
      (2) for each wellhead, determine the wellhead protection area
    as defined in subsection  (e) based on all reasonably available
    hydrogeologic information on ground water flow, recharge and
   discharge and other information the State  deems necessary to
    adequately determine the  wellhead protection area;
      (3) identify within each wellhead protection area all potential
    anthropogenic sources of contaminants which may have any ad-
    verse effect on the health of persons;
      <4> describe a program that contains, as appropriate, technical
    assistance,  financial  assistance,  implementation  of  control
    measures, education, training,  and demonstration projects to
    protect the water supply within wellhead protection areas from
    such contaminants;
      (5) include  contingency plans for the location  and provision of
    alternate drinking water supplies for each public water system
    in the event of well or wellfield contamination by such contami-
    nants; and
      (6) include  a  requirement that consideration be given to all
    potential sources  of such contaminants within the  expected
    wellhead area of a new water well which serves a public water
    supply system.
  (b) PUBLIC PARTICIPATION.—To  the  maximum  extent  possible,
each State shall  establish procedures, including but  not limited to
the establishment of technical and citizens' advisory  committees, to
encourage the public to participate in developing the protection pro-
gram for  wellhead areas. Such procedure shall include notice and
opftortunity for public hearing on the State program before it is sub-
mi it ted to the Administrator.
  (c) DISAPPROVAL.—
      (1) IN  GENERAL.—If in  the judgment of the Administrator,  a
    State program (or portion thereof, including the definition of a
     wellhead protection area), is  not  adequate to  protect public
     water systems as required by this section,  the  Administrator
    .thaiI disapprove such program (or portion thereop. A State pro-
    gram developed  pursuant to subsection (a) shall be deemed to be
    adeauate unless the Administrator determines,  within 9 months
     of the receipt of a State program, that such program (or portion
     thereof) is inadequate for the purpose of protecting public water
     systems as required by this section from contaminants that may
     have any adverse effect on the health of persons.  If the Acviin-
     istrator determines that a proposed State rm"Tr"r>*  > •-      .-,,.
                              39

    tion  thereof) is inadequate,  the Administrator shall submit a
    written statement of the reasons for such determination of the
    Governor of the State.
      (2) MODIFICATION AND RESUBMISSION.—Within 6 months after
    receipt of the Administrator's written notice under paragraph
    (I) that any proposed State program, (or portion thereof) is inad-
    equate, the Governor or Governor's designee, shall modify the
    program based upon  the recommendations of the Administrator
    ana resubmit the modified program to the Administrator.
  (d) FEDERAL ASSISTANCE.—After the date S years after the enact-
ment of this section, no  State shall receive funds authorized to be
appropriated under this section except for the purpose of implement-
ing the program and requirements of paragraphs (4) and (6) of sub-
section (a).
  (e) DEFINITION OF WELLHEAD PROTECTION AREA.—As used in this
section, the term "wellhead protection area " means the surface and
subsurface area  surrounding a water well or wellfield, supplying a
public water system,  through which contaminants are reasonably
likely to  move toward and reach such water well or wellfield. The
extent  of a wellhead protection  area,  within a State,  necessary to
provide protection from contaminants which  may have any advene
effect on the health of persons is to be determined by the State in
the program submitted under subsection (a). Not later than one year
after the enactment of the Safe Drinking Water Act Amendments of
1986, the Administrator shall issue technical guidance which States
may use in making such  determinations. Such guidance may reflect
such factors as the radius of influence around a  well or wellfield,
the depth of drawdown of the water table by such  well or wellfield
at any given point, the  time or  rate of travel of various contami-
nants  in  various hydrologic conditions, distance from  the  well or
wellfield, or other factors affecting the likelihood  of contaminants
reaching the well or wellfield, taking into account available  engi-
neering pump tests or comparable data, field reconnaissance,  topo-
graphic information, and the geology of the formation in which the
well or wellfield is located.
  (f) PROHIBITIONS.—
      (1) ACTIVITIES UNDER OTHER LAWS.—No funds authorized to
    be appropriated under this section may  be used to support ac-
    tivities authorized by the Federal Water Pollution Control Act,
    the Solid Waste disposal Act,  the Comprehensive Environmen-
    tal Response, Compensation,  and Liability Act of 1980, or  other
    sections of this Act.
      (2) INDIVIDUAL SOURCES.—No funds authorized to be appro-
    priated under this  section   may be used to  bring  individual
    sources of contamination into compliance.
  (g)  IMPLEMENTATION.—Each State shall make every  reasonable
effort  to  implement  the State  wellhead area protection program
under this section within 2 years of submitting the program to the
Administrator. Each State shall submit to the Administrator a bi-
ennial status report describing the State's progress in implementing
the program.  Such report shall  include amendments to the  State
program for water wells sited during the biennial period.
  (h) FEDERAL  AGENCIES.—Each department, agency, and i**?™'
mentality of the executive lppi.«lnti>H>  n*J ;,,j;~;~> ».  *•--."

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                               •ID

Federal Government having jurisdiction over any potential source of
contaminants  identified by u State program pursuant to the provi-
sions of subsectit,  iaXJ) shall be subject to and comply with all re-
quirements of the State program developed  according to subsection
(aX4) applicable to such potential source of contaminants, both sub-
stantive and procedural,  in the same  manner, and to  the same
extent, as any other person is subject to such  requirements, includ-
ing payment of reasonable charges and fees.  The President may
exempt any potential source under the jurisdiction of any depart-
ment,  agency,  or  instrumentality  in  the executive  branch if  the
President determines it to be  in  the paramount  interest  of  the
United States to do so.  No such exemption  shall be granted due to
the lack of an appropriation unless the President shall have specifi-
cally requested such appropriation as part of the budgetary process
and the Congress shall nave failed to make available such requested
appropria lions.
  (i) ADDITIONAL REQUIREMENT.—
       (1) IN GENERAL.—In addition to the  provisions of subsection
    (a) of this section, States i-i which there are  more than 2,500
    active wells at which annular injection is used as of January 1,
    1986, shall include in their State program a certification that a
    State program exists and is being adequately enforced that pro-
    vides protection from  contaminants which may have  any  ad-
    verse effect on the health of persons and  which are associated
    with the annular injection  or surface disposal of brines associ-
    ated with oil and gas production.
       (2) DEFINITION.—For purposes  of this  subsection,  the term
    "annular injection " means the reinjection of brines associated
    with the  production of oil or gas between the production and
    surface casings of a conventional oil or gas producing well.
       (3) REVIEW.—The Administrator shall conduct a review of
    each program certified under this subsection.
       (4) DISAPPROVAL.—If a State fails to include the certification
    required by this subsection  or if in the judgment of the Admin-
    istrator the State pro/gram certified under this subsection is not
    being adequately enforced,  the Administrator shall disapprove
    the State program submitted  under subsection  (a) of this  sec-
    tion.
   (j)  COORDINATION  WITH  OTHER LAWS.—Nothing  in this section
 shall  authorize or require any  department, agency, or other instru-
 mentality of the Federal Government or State or local government to
 apportion, allocat; or otherwise regulate the  withdrawal or benefi-
 cial use of ground or surface waters, so as to abrogate or modify any
 existing rights to water established pursuant to  State or Federal
 law,  including interstate compacts.
   (k)  AUTHORIZATION OF APPROPRIATIONS.—Unless the State pro-
 gram  is disapproved under  this section,  the  Administrator shull
 make grants  to the State for not less than SO or more than 90 per-
 cent of the cost incurred by a State (as determined by the Adminis-
 trator) in developing and implementing each State program under
 this section. For purposes of making such grants there is authorized
 to be appropriated not more than the following amounts:
                                                                                                                 41
 Fiscal ycur
    19X7
    I9MH    
    19X9    
    1990
    1991
M.OW.OOt-
J5.000.tMK:
35.000. (MX/
J5.000.0UO
                  PART D—EMERGENCY POWERS

                       EMERGENCY POWERS

  SEC. 1431.  (a) Notwithstanding any other provision of this title,
the Administrator, upon receipt of information that a contaminant
which is present in or is likely to enter a public water system or an
underground source of drinking water may  present an imminent
and  substantial endangerment to the health of  persons, and that
appropriate State and  local authorities have not acted to protect
the health of such persons,  may take such actions as he may deem
necessary in order to protect the health  of such persons. To the
extent he determines it to be practicable in light of such imminent
endangerment, he shall consult with the State and local authorities
in order to confirm the correctness  of the information on  which
action proposed to be taken under this subsection is based and to
ascertain the action which  such authorities  are  or will be taking
The  action which the Administrator may take  may include (but
shall not be limited to)  (1) issuing such orders as may be necessary
to protect the health of persons who are or may be users of such
system (including travelers),  including orders  requiring the prom
sion  of alternative water supplies by persons who caused or contnb
uted to the endangerment, and (2) commencing a civil action for ap-
propriate relief, including a restraining order or permanent or tern
porary injunction.
  (b) Any person who wittfo% violates or fails or refuses to comply
with any order issued by  the Administrator under subsection (aX 1)
may, in an action brought in the appropriate United States district
court to enforce such order, be (wed  m mere UtM subject to a cwil
penalty of not to exceed $5,000 for each day in which such violation
occurs or failure to comply continues.

             TAMPERING WITH PUBLIC WATER SYSTEMS

  Ssc.  1432. (a) TAMPERING.—Any person who  tampers with a
public water system shall be imprisoned for not more than 5 years,
or fined in accordance  with title 18 of the United States  Code, or
both.
  (b) ATTEMPT OR THREAT.—Any person who attempts to tamper, or
makes a threat  to tamper, with a public drinking water system be
imprisoned for not more than 3 years, or fined in accordance with
title  18 of the United States  Code, or both.
  (c) CIVIL PENALTY.—The Administrator may bring a civil action
in the appropriate United  States district court (as determined under
the provisions of title 28 of the United States Code) against any
person who  tampers, attempts  to tamper, or  makes a threat  to
tamper with  a public water system. The court may impose on such
person a civil penalty of not more than $50,000 for such tampering
or not more than $20,000 for such attempt or threat.

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                                42

       ll)  to introduce a contaminant into a public water system
     with the intention of harming persons; or
       (2) to otherwise interfere with the operation of a public water
     system with the intention of harming person*.

                   PART E—GENERAL PROVISIONS

   ASSURANCE OP AVAILABILITY OF ADEQUATE SUPPLIES OF CHEMICALS
                NECESSARY FOR TREATMENT OF WATER

   SEC.  1441. (a) If any person who uses chlorine, activated carbon,
 lime, ammonia, soda ash,  potassium permanganic,  caustic soda, or
 other chemical or substance for the purpose of treating water in
 any public water system or in  any public treatment works deter-
 mines that the amount of such  chemical or substance necessary to
 effectively treat such water is not reasonably available to  him or
 will not be so available to him when required for the effective
 treatment of such water, such person may apply to the Administra-
 tor for  a certification (hereinafter in  this section referred to as a
 "certification of need") that the amount of such chemical or sub-
 stance which such person requires to effectively treat such water is
 not reasonably available to him or will not be so  available when
 required for the effective treatment of such water.
  (bXD  An application for a certification of need shall be in such
 form and submitted in such manner as the Administrator may re-
 quire and  shall (A) specify the  persons the applicant  determines
 are able to provide the chemical or substance with respect to which
 the application is submitted, (B) specify the persons  from whom the
 applicant has sought such chemical or substance, and  (C) contain
 such other information as the Administrator may require.
  (2) Upon receipt of an application under this section, the Admin-
 istrator shall (A) publish in the Federal Register a notice of the re-
 ceipt of the application  and a brief summary of it, (B) notify  in
 writing  each person whom the President or his delegate (after con-
 sultation with  the Administrator) determines could be made sub-
ject to an order required to be issued upon the issuance of the certi-
 fication  of need applied for in such application, and (C) provide an
 opportunity for the submission of written comments on such appli-
 cation. The requirements of the preceding sentence of this para-
graph shall not apply when the Administrator for good cause finds
(and incorporates the finding with a brief statement  of reasons
 therefor in the order issued) that waiver of such requirements is
 necessary in order to protect th» public health.
  (3) Within 30 days after—
      (A) the date a notice is published under paragraph (2) in the
    Federal  Register  with respect  to an application submitted
    under this section for the issuance of a certification of need, or
      (B) the date on which such application  is received if as au-
    thorized by the second sentence of such paragraph no notice is
    published with respect to such application,
 the Administrator shall take action either to issue or deny the issu-
 ance of a certification of need.
  (cKD If the Administrator finds that the amount of a chemical or
substance necessary for an applicant under an nr>nli''«H""
                              43

ted under this section to effectively treat water in a public water
system or in a public treatment works is not reasonably available
to the applicant or will not be so available to him when required
for the effective treatment of such water, the Administrator shall
issue a certification of need. Not later than  seven days following
the issuance  of such certification,  the  President or his delegate
shall issue an order requiring the provision to such person of such
amounts of such chemical or substance as the Administrator deems
necessary in the certification of need  issued for such person. Such
order shall apply to such manufacturers, producers, processors, dis-
tributors,  and repackagers of  such chemical or substance as the
President or his delegate deems necessary and appropriate, except
that such order  may not apply to any manufacturer, producer,  or
processor  of such  chemical or  substance who manufactures, pro-
duces, or processes (as the case may be) such chemical or substance
solely for its own use. Persons subject  to an order issued under this
section shall be given a  reasonable opportunity to consult with the
President or his  delegate with respect  to the implementation of the
order.
  (2) Orders which are to be issued under paragraph (1) to manu-
facturers, producers,  and processors  of  a chemical  or substance
shall be  equitably  apportioned, as far  as practicable, among all
manufacturers, producers, and processors of such chemical or sub-
stance; and orders which  are to be issued under paragraph  (1)  to
distributors and  repackagers of a chemical or substance shall be eq-
uitably apportioned, as  far as  practicable, among all distributions
and repackagers of such  chemical  or substance. In apportioning
orders  issued  under  paragraph (1) to manufacturers,  producers,
processors, distributors,  and repackagers  of chlorine, the President
or his delegate shall, in carrying out  the requirements of the pre-
ceding sentence, consider—
      (A) the geographical relationship and established commercial
    relationships between such manufacturers, producers, proces-
    sors, distributors, and repackagers and the persons for whom
    the orders are  issued;
      (B) in the case of orders to be issued to producers of chlorine,
    the (i) amount of chlorine historically supplied by each such
    producer to treat water in public water systems  and public
    treatment works, and (ii)  share of each such producer of the
    total annual production of chlorine in the United  States; and
      (C) such other factors as the President or his delegate may
    determine are relevant to the apportionment of orders in ac-
    cordance with  the requirements of the preceding sentence.
  (3) Subject to subsection (f), any person for whom a certification
of need has been issued under this subsection may upon the expira-
tion of the order issued under paragraph (1) upon such certification
apply under this section for additional certifications.
  (d) There shall be available as a defense to any action  brought
for breach of contract in  a Federal or State court arising out  of
delay or failure to provide, sell, or offer for sale or exchange a
chemical or substance subject  to an order issued pursuant to sub-
section (cXD,  that  such  delay or failure was caused solely  by com-
pliance with such order.

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                              44

  (eXD Whoever knowingly fails to comply with any order issued
pursuant to subsection (cXD shall be fined not more than $5,000 for
each such failure to comply.
  (2) Whoever fails to comply with any order issued  pursuant to
subsection (cXD shall be subject to a civil penalty of not more than
$2,500 for each such failure to comply.
  (3) Whenever the Administrator or the President or his delegate
has reason to believe that any person is violating or will violate
any order issued pursuant to  subsection (cXD, he may  petition a
United States district court to issue a temporary restraining order
or preliminary or permanent injunction (including a mandatory in-
junction) to enforce the provisions of such order.
  (0 No certification of need or order issued under this section may
remain m effoet—

      (3) after September 3Q; 4083;
whichovof «eenn finfe in effect more than one year.

 RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, AND TRAINING OF
                          PERSONNEL

  SEC. 1442. (aXD The Administrator may conduct research, stud-
ies, and  demonstrations relating to the causes,  diagnosis, treat-
ment, control, and prevention  of physical and mental diseases and
other impairments of man resulting directly or indirectly from con-
taminants in  water, or to the provision of a dependably safe supply
of drinking water, including—
      (A) improved methods (i) to identify and measure the exist-
    ence of contaminants in  drinking water (including methods
    which may be used by State and local health and water offi-
    cials), and (ii) to identify the source of such contaminants;
      (B) improved methods to identify and measure the health ef-
    fects of contaminants in drinking water;
      (C) new methods of treating  raw water to prepare it  for
    drinking, so as to improve the efficiency of water treatment
    and to remove contaminants from water;
      (D) improved methods for providing a dependably safe supply
    of drinking water, including improvements in water purifica-
    tion and  distribution, and   nethods of assessing health related
    hazards of drinking water; and
      (E)  improved  methods  of protecting  underground  water
    sources of public water systems from contamination.
  (2XA) The Administrator shall, to the maximum extent feasible,
provide technical assistance to the States and municipalities in the
establishment and administration of public water system supervi-
sion programs (as defined in section 1443(cXD).
  (B)  The Administrator is  authorized to provide technical assist-
ance and to make grants to States,  or publicly owned water sys-
tems to assist in responding to and alleviating any emergency situ-
ation affecting public water systems (including sources of water  for
such systems) with the  Administrator determines to present sub-
stantial danger to the public  health. Grants provided under this
subparagraph shall be used only to support those actions which (i)
are necessary for preventing, limiting or mitigating danger to the
                              45

public health in such emergency situation and (ii) would not, in the
judgment of the Administrator, be taken without such emergency
assistance. The Administrator may carry out  the program author-
ized under this subparagraph as  part of, and in accordance with
the terms and conditions of,  any other  program of assistance for
environmental emergencies which the Administrator is authorized
to carry out under any other provision of law. No limitation on ap-
propriations for any such other program shall  apply to amounts ap-
propriated under this subparagraph.
  (3XA) The Administrator shall conduct studies, and make period-
ic reports to Congress, on the costs of carrying out regulations pre-
scribed under section 1412.
  (B) Not later than eighteen months after the date of enactment
of this subparagraph, the Administrator shall submit a report to
Congress which identifies and analyzes—
      (i)  the anticipated costs of compliance with interim and re-
    vised national primary drinking water regulations and the an-
    ticipated costs to States and units of local governments in im-
    plementing such regulations;
      (ii)  alternative methods of  (including alternative treatment
    techniques for) compliance with such regulations;
      (iii) methods of  paying the costs  of compliance by public
    water systems with national  primary drinking water regula-
    tions, including user charges, State or local taxes or subsidies,
    Federal grants (including planning or construction grants, or
    both), loans, and loan guarantees, and other methods  of assist-
    ing in paying the costs of such compliance;
      (iv) the advantages and disadvantages of each of the methods
    referred to in clauses (ii) and (iii);
      (v) the sources of revenue presently available (and projected
    to be available) to public water systems  to meet current and
    future expenses; and
      (vi) the costs of drinking water paid by residential and indus-
    trial consumers in a sample of large, medium, and small public
    water systems and of individually owned wells, and the reasons
    for any differences in such costs.
The report required by this subparagraph shall identify and ana-
lyze the items required in clauses (i) through (v) separately with re-
spect to public  water systems serving small  communities. The
report required by this subparagraph shall include such recommen-
dations as the Administrator deems appropriate.
  (4) The Administrator shall conduct a survey and study of—
      (A) disposal of waste (including residential waste) which may
    endanger underground water which supplies,  or  can reason-
    ably be expected to supply, any public water systems, and
      (B) means of control of such waste disposal.
Not later than one year after the date of enactment of this title, he
shall transmit to the Congress the results of such survey and study,
together with such recommendations as he deems appropriate.
  (5) The Administrator shall carry out a study of methods of un-
derground injection which do not result in the degradation of un-
derground drinking water sources.
  (6) The Administrator shall carry out a study of methods of pre-
venting, detecting, and dealing with surface spills of ront*»minan»u

 image: 






which  may degrade underground  water sources for public  water
systems.
  (7) The Administrator shall carry out a study of virus contamina-
I ion  of drinking water sources and means of control of such con-
tamination.
  (8) The Administrator shall carry out a study of the nature and
extent of the impact on underground water which supplies or can
reasonably be expected to supply public water systems of (A) aban-
doned  injection or extraction wells; (B) intensive application of pes-
ticides and fertilizers in underground water recharge areas; and (C)
(xrnds, pools, lagoons,  pits, or other  surface disposal  of contami-
nants in underground water recharge areas.
  (9) The Administrator shall conduct a comprehensive study of
public water supplies and drinking water sources to determine the
nature, extent, sources of and means of control of contamination by
chemicals or other  substances suspected of being carcinogenic. Not
later than six months after the date of enactment  of this title, he
shall transmit  to the Congress the initial of such  study, together
with  such  recommendations  for further review  and corrective
action as he deems  appropriate.
  (10) The Administrator shall carry out a study of the reaction of
chlorine and humic acids and the  effects of  the contaminants
which result from such reaction on public health and on the safety
of drinking water, including any carcinogenic effect.
  (11) The Administrator shall carry out a study of polychlorinated
biphenyl contamination of actual or potential sources of drinking
water, contamination of such sources by other substances known or
suspected to be harmful  to public health, the effects of such con-
 tamination, and means of removing, treating, or otherwise control-
 ling such contamination. To assist in  carrying out this paragraph,
 the Administrator  is authorized to make grants to public agencies
 and private nonprofit institutions.
   (b) In carrying out this title, the Administrator is authorized to—
       (1) collect and make available information  pertaining to re-
     search, investigations, and demonstrations with respect to pro-
     viding  a dependably  safe  supply  of drinking  water together
     with appropriate recommendations in connection therewith;
       (2) make available research facilities of the Agency to appro-
     priate public authorities, institutions, and individuals engaged
     in studies and research  relating to the purposes of this title;
       (3) make grants to  and enter into contracts  with, any public
     agency, educational institution, and any other organization, in
     accordance  with  procedures  prescribed by  the Administrator,
     under which he may pay all or a part of the  costs (as may  be
     determined by the Administrator) of any project or  activity
     which is designed—
           (A) to develop, expand, or carry out a program  (which
         may  combine  training  education  and  employment) for
         training  persons for occupations involving the  public
          health aspects of providing safe drinking water;
           (B) to train inspectors  and supervisory personnel to train
          or  supervise persons  in occupations involving the public
          health aspects of providing safe drinking water; or
                              47

          (C) to develop and expand the capability of programs of
        State and municipalities to carry out the purposes of this
        title (other than by carrying out State programs of public
        water  system supervision or  underground  water source
        protection (as defined in section 1443(c»).
  (c) Not later than eighteen months after the date of enactment of
this subsection, the Administrator shall submit a report to  Con-
gress on the present and projected future availability of an ade-
quate  and  dependable supply  of safe  drinking water to meet
present and projected future need. Such report shall include an
analysis of the future demand for drinking water and other  com-
peting uses of  water, the availability and use  of methods  to con-
serve water or  reduce demand, the adequacy of present measures
to assure adequate and dependable supplies of safe drinking water,
and the problems (financial, legal, or other) which need to be re-
solved in order to assure  the availability of such supplies  for the
future.  Existing information and data  compiled  by  the National
Water Commission and others shall be utilized  to the extent possi-
ble.
  (d) The Administrator shall—
      (1) provide training for, and make grants for training (includ-
    ing postgraduate training) of (A) personnel of State agencies
    which have primary enforcement responsibility and of agencies
    of units of  local government to which enforcement responsibil-
    ities have been delegated by the State, and (B) personnel who
    manage or  operate public water systems, and
      (2) make grants for postgraduate  training of individuals (in-
    cluding grants to educational institutions for traineeships) for
    purposes of qualifying such individuals to work as personnel
    referred to  in paragraph (1).
Reasonable  fees may be charged for training provided under para-
graph (1KB) to  persons other than personnel of State  or local agen-
cies but such training shall be provided to personnel  of State or
local agencies without charge.
  (e) The Administrator is authorized to make grants to a public
water system which is required, under State or local law, to meet
standards relating  to drinking water turbidity which are more
stringent than  the standards in effect pursuant to this title. Such
grants shall be used by the public water system for the develop-
ment and demonstration (including construction and installation)
of any water filtration system which will demonstate a new or im-
proved method  of meeting such more stringent standards.
  (f) There are  authorized to be appropriated to carry out the pro-
visions of this section, other than subsection (aX2XB) and provisions
relating to  research, $15,000,000 for the fiscal year ending June 30,
1975; $25,000,000  for  the  fiscal year  ending  June  30,  1976;
$35,000,000 for  the fiscal year ending June 30, 1977; $17,000,000 for
each of the fiscal years 1978 and 1979; $21,405,000 for the fiscal
year ending September 30, 1980; $30,000,000 for the  fiscal year
ending  September 30, 1981; and $35,000,000 for the  fiscal year
ending September 30,  1982. There are authorized to be appropri-
ated to carry out subsection (aX2XB) $8,000,000 for each of the fiscal
years 1978 through 1982. There are authorized to be appropriated to
carry out subsection (aX2XB) not more than the following amount*:

 image: 






                               48
Fiscal year
    1987    
    1988    
    1989    
    1990    
    1991    
                                                           Amount
Fiscal year:
   1987 
   1988 
   1989 
   1990 
   1991 
                       7.6W.OOO
                       X.OAO.OOO
                       H.OAO.OOO
                       H.050.000
There are authorized to be appropriated to carry out the provisions
of this  section (other than  subsection (g),  subsection (aX2kB),  and
provisions  relating  to  research),  not more than  the following
amounts:
                                                           Amuunt
                     $J5,600.000
                      .15,600.000
                      3SMO.OOO
                      3S.OW.OOO
                      38,020,000
  (g)  The Administrator is  authorized to provide technical assist-
ance to small public water systems to enable such systems to achieve
and maintain compliance with national drinking water regulations.
Such  assistance may include "circuit-rider"programs, training, and
preliminary engineering studies.  There are authorized to be appro-
priated  to carry out this subsection $10,000,000 for each of the fiscal
years  1987 through 1991. Not less than the greater of—
      (1) 3 percent of the amounts appropriated under this subsec-
    tion, or
      (2) $280,000
shall  be utilized for technical assistance  to public water  systems
owned or operated by Indian tribes.

                  GRANTS FOR STATE PROGRAMS

  SEC. 1443.  (aXD From allotments made pursuant to  paragraph
(4), the  Administrator may make grants to States to carry out
public water system supervision programs.
  (2) No grant may be made under  paragraph (1) unless an applica-
tion therefor has been submitted to the Administrator in such form
and manner  as he may require. The Administrator may  not ap-
prove an application of a State for its first grant under  paragraph
(1) unless he determines that the State—
      (A) has established or will establish within one year from the
    date of such  grant a public water system supervision program,
    and
      (B) will,  within that one year, assume primary enforcement
    responsibility for public water system within the State.
No grant may be made  to a State under paragraph (1)  for  any
period beginning more than one year after the date of the State's
first grant unless the State has assumed and maintained primary
enforcement  responsibility  for public water systems within  the
State. The prohibitions contained  in  the preceding two sentences
shall  not apply to such grants when made to Indian Tribes.
  (3) A grant under paragraph (1) shall be made to cover not more
than  75 per  centum of the grant recipient's costs (as determined
under regulations of the Administrator) in carrying out, during the
one-year period beginning on the date the grant is made, a public
water system supervision program.
                               4!)

  (4)  In  each fiscal year the Administrator shall, in ao.-onl.iru
with  regulations, allot the sums appropriated for such year und<-
paragraph (5) among the States on  the  basis of population, ne<
graphical area, number of public water systems, and other relevan
factors. No State shall receive less than 1  per centum of the annua
appropriation for grants under  paragraph (1): Provided,  That tin
Administrator  may  by  regulation,  reduce such  percentage  in ac-
cordance with the criteria specified in this paragraph: And pmvul
ed further, That such percentage shall not apply to grants allottee
to Guam, American Samoa, or the Virgin  Islands.
  (5)  The prohibition contained  in  the last sentence of paragraph
(2) may be waived by the Administrator with respect to a grant t<.
a SA.ate through fiscal year 1979 but such prohibition may only be
waived if, in the judgment of the Administrator—
      (A) the State is making diligent effort to assume and main
    tain primary enforcement responsibility for public water ays
    terns within the State;
      (B) the State has made significant progress toward  assuming
    and  maintaining such primary enforcement responsibility; and
      (C) there is reason to believe the State will assume such pn
    mary enforcement responsibility by October 1, 1979.
The amount of any grant awarded for the fiscal  years  197K and
1979 pursuant to a waiver under this paragraph may not exceed 7f>
per centum of  the allotment which the State would  have received
for such fiscal year if it had assumed and  maintained such primary
enforcement responsibility. The remaining  25 per centum of the
amount allotted to such State for such fiscal year shall be retained
by  the Administrator,  and  the Administrator  may award  such
amount to such State at such time as the State assumes such  re
sponsibility before the beginning of fiscal year 1980.  At the begin
ning  of each fiscal years 1979 and 1980  the amounts retained  by
the Administrator for any preceding fiscal year and  not awarded
by  the beginning  fiscal year 1979 or  1980 to the States  to which
such  amounts  were originally allotted may be  removed  from the
original allotment and real lot ted for fiscal year 1979 or 1980 (as the
case may be) to States  which have assumed primary enforcement
responsibility by the beginning of such fiscal  year.
  (6)  The Administrator shall notify  the  State of the approval or
disapproval of any application for a grant  under this section—
      (A) within ninety days  after receipt  of such application, or
      (B) not later than the  first day of  the fiscal year for which
    the grant application is made,
whichever is later.
  (7)  For the purposes of making grants under paragraph (1) there
are authorized to be appropriated $15,000,000 for the fiscal year
ending June 30, 1976, $25,000,000 for the fiscal year ending June
30, 1977, $35,000,000 for fiscal year  1978, $45,000,000 for fiscal year
1979, $29,450,000 for the fiscal year ending September  30.  19HO,
$32,000,000  for the fiscal  year ending September 30, 1981, and
$34,000,000 for the fiscal year ending  September 30,  1982 For the
purposes of making grants under paragraph (1) there are authorized
to be appropriated not more than the following amounts:

 image: 






 Fiscal yi'ar
    19ft?        t-l*
    198X                             i7.Mt.mn
    19X9                 40.1511.000
    1990                         40.1511,000
    1991         40.150.000

  (bXl) From allotments made pursuant to paragraph (4), the Ad-
ministrator may make grants to States to carry out underground
water source protection programs.
  (2) No grant may be made under paragraph (1) unless an applica-
tion therefor has been submitted to the Administrator in such  form
and manner as he may require. No  grant may be made  to any
State under paragraph (1) unless the State has assumed primary
enforcement responsibility within two years after the date the Ad-
ministrator promulgates regulations for State underground injec-
tion control  programs under section  1421.  The prohibition  con-
tained in  the preceding sentence shall not apply  to  such grants
when made to Indian Tribes.
  (3) A grant under paragraph (1 > shall be made to cover  not  more
than 75 per centum  of the grant  recipent's costs  (as determined
under  regulations of the Administrator) in carrying out, during the
one-year period beginning on the date  the grant is made, an under-
ground water source protection program.
  (4) In each fiscal year the Administrator  shall, in accordance
with regulations, allot the sums appropriated for such year under
paragraph (5) among  the  States on the basis of population, geo-
graphical  area, and other relevant factors.
  (5) For purposes of making grants under paragraph (1) there are
authorized to be appropriated $5,000,000 for the fiscal year ending
June 30, 1976, $7,500,000 for the fiscal year ending June 30,  1977.
$10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 for
the fiscal  year ending September 30, 1980, $18,000,000 for  the  fiscal
year ending September 30, 1981, and $21,000,000 for the fiscal year
ending September 30, 1982. For the purpose of making grants under
paragraph (1) there are authorized to be appropriated not more than
the following amounts:
                                                           Amount
                                     $19,700.000
                                      19.700.000
                                  20.8SO.OOO
                                  iO.8SO.OOO
                                  20.850.000
Fiscal year:
   1987 
   1988 
   1989 
   1990 
   1991 
  (c) For purposes 01 this section:
      (1) The term "public water  system supervision  program"
    means a program for the adoption and enforcement of drinking
    water  regulations (with such variances and exemptions from
    such regulations under conditions and in a manner which is
    not less stringent than the conditions under, and the manner
    in, which  variances and exemptions may be granted  under sec-
    tions 1415 and 1416) which are no less stringent than the na-
    tional  primary drinking water regulations under section 1412,
    and  for keeping records and  making  reports required by sec-
    tion 1413(aX3).
      (2)  The term  "underground  water source  protection pro-
    gram" means a program for the adoption  and pnforremet t of a
    section 1421 and for keeping records  and making reports re-
    quired by  section 1422<bXlKAXii). Such  term includes, where
    applicable, a program which meets the requirements of section
    1425.

  SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED
                             LOANS

  SEC. 1444 (at The Administrator may make grants to any person
 for the purposes of—
       (1) assisting  in the development and demonstration (includ-
    ing construction) of any project which will demonstrate a new
    or improved method, approach, or technology, for providing a
    dependable safe supply of drinking water to the public; and
       (2) assisting  in the development and demonstration (includ-
    ing construction) of any project  which  will investigate and
    demonstrate health  implications involved in the reclamation,
    recycling, and reuse of waste waters for drinking and the proc-
    esses and methods for the preparation of safe and acceptable
    drinking water.
  (b) Grants made by the Administrator  under this section shall be
 subject to the following limitations:
       (1)  Grants under  this  section  shall  not  exceed 66% per
    centum of the total cost of construction of any facility, and 75
    per centum of any other costs, as determined by the Adminis-
    trator.
       (2) Grants under  this section shall not be made  for any
    project involving the construction  or modification of any facili-
    ties for any public water system in a State unless such project
    has been approved by the State charged with the responsibility
    for safety of drinking water (or if  there is no such agency in a
    State, by the State health authority).
       (3) Grants under  this section shall not be made for any
    project unless the Administrator determines, after consulting
    the National Drinking Water  Advisory Council, that  such
    project will serve a useful purpose relating to the development
    and demonstration of new or improved techniques, or technol-
    ogies for the provision of safe water to the public for drinking.
      (4) Priority for grants under this section shall be given where
    there are known  or potential public health hazards which re-
    quire advanced technology for the removal of particles which
    are too small to be removed by ordinary treatment technology.
  (c) For the purposes of making grants  under subsections (a) and
(b)  of this  section  there  are  authorized   to  be appropriated
$7,500,000 for the fiscal year ending June  30, 1975; and $7,500,000
for  fiscal year ending June 30, 1976; and $10,000,000 for the fiscal
year ending June 30, 1977.
  (d) The Administrator during the fiscal years ending June 30,
 1975, and June 30, 1976, shall carry out a program of guaranteeing
loans  made by private lenders to small  public water  systems for
the purpose of enabling  such systems to  meet national drinking
water  regulations (including interim regulations) prescribed under sec-
tion 1412.  No  such guarantee  may be  made with respect  to  a
system unless (1) such system cannot  reasonably obtain financial

 image: 






                               52

 assistance necessary to comply with regulations from any  other
 source, and  (2) the Administrator determines that any  facilities
 constructed  with  a loan guaranteed  under this  subsection is  noi
 likely to he made obsolete by subsequent changes in primary regu-
 lations. The  aggregate amount of indebtedness guaranteed with re-
 spect to any  system may not exceed $50,000. The aggregate amount
 of indebtness guaranteed under  this subsection may not exceed
 $50,000,000. The Administrator shall prescribe regulations to carry
 out this subsection.

                    RECORDS AND INSPECTIONS

  SKC.  1445.  (aW Every person who is a supplier of water, who is
 or may be otherwise subject to a primary drinking water regula-
 tion prescribed under section 1412 or to an applicable underground
 injection control program  (as defined in section  1422(c)), who is or
 may be subject  to the permit requirement of section 1424 or  to an
 order issued  under section 1441, or who is  a grantee, shall establish
 and  maintain such records, make such reports, conduct such moni-
 toring, and  provide such  information as the Administrator may
 reasonably require by regulation to assist  him in establishing regu-
 lations under this title, i  > determining whether such person has
 acted or is acting  in compliance  with this title, in administering
 any  program of financial assistance under this title, in evaluating
 the health risks of unregulated contaminants, or in advising the
 public of such risks. In  requiring  a public water system to monitor
 under this subsection, the Administrator  may take into consider-
 ation the system size and the contaminants likely to  be found in the
 system s drinking water.
  (2) Not later than 18 months after enactment of the Safe Drinking
 Water Act Amendments of 1986,  the Administrator shall promul-
gate regulations requiring every public water system to conduct a
 monitoring program for  unregulated contaminants. The regulations
 shall require monitoring of drinking water supplied by the system
 and  shall vary  the frequency and schedule of monitoring require-
 ments for systems based on the number of persons served by the
 system, the source of supply,  and the contaminants likely to be
 found. Each  system shall be required to monitor at least once every
 5 years after the effective date of the Administrator's regulations
 unless the Administrator requires more frequent monitoring.
  (3)  Regulations  under paragraph (2) shall list unregulated con-
 taminants for which systems may  be required to monitor, and shall
 include criteria by which the primary enforcement authority in each
 State could show  cause for i ddition  or deletion of contaminants
 from  the designated list. The primary State enforcement authority
 may delete contaminants for an individual system, in accordance
 with  these criteria, after obtaining approval of assessment of the
 contaminants potentially to be found in the system. The Adminis-
 trator shall approve or disapprove such an assessment submitted by
 a State within 60 days. A  State may add contaminants, in accord-
 ance with these criteria, without making an assessment, but in  no
 event shall such additions  increase Federal expenditures authorized
 bv this section.
  (4) Public  water systems  conducting' monitoring of unregulated
contaminants pursuant to this section shall provide  the results of
such monitoring to the primary enforcement authority.
  (5) Notification of the availability of the results of the monitoring
programs required under paragraph (2), and notification of the
availability of the results of the monitoring program  referred to in
paragraph (6), shall be given to the persons served by the system and
the Administrator.
  (6)  The Administrator may waive  the  monitoring requirement
under paragraph (2) for a system which has conducted a monitoring
program after January 1, 1983, if the Administrator determines the
program to have been consistent with  the regulations promulgated
under this section.
  (7) Any system supplying less than 150 service connections shall be
treated  as complying with this subsection if such system provides
water samples or the opportunity for sampling according to rules es-
tablished by the Administrator.
  (8)  There are authorized  to be  appropriated $30,000,000 in the
fiscal year ending September 30, 1987 to remain available until ex-
pended  to carry out the provisions of this subsection.
  (bXD  Except  as  provided in  paragraph (2), the Administrator, or
representatives of the Administrator duly designated by him, upon
presenting appropriate credentials and a written notice to any sup-
plier of water  or other person subject  to (A) a national  primary
drinking water regulation prescribed under section 1412, (B) an ap-
plicable underground injection control program, or (C) any require-
ment to monitor an unregulated contaminant pursuant to subsec-
tion (a), or person in charge of any of the property of such supplier
or other person referred to in  clause (A), (B), or (C), is authorized to
enter any establishment, facility, or other property of such supplier
or other person in order to determine  whether  such supplier or
other person has  acted or is  acting in compliance with this title,
including for  this purpose,  inspection, at reasonable times,  of
records, files, papers, processes, controls, and facilities, or in order
to test  any  feature of a public  water  system, including its raw
water source. The Administrator or the Comptroller General (or
any representative designated by either) shall have access for the
purpose of audit and examination to any records, reports, or infor-
mation  of a  grantee which are required to be maintained  under
subsection (a) or which are pertinent to any financial assistance
under this title.
  (2) No entry  may be made under the first sentence of paragraph
(1)  in an establishment, facility, or other property of a supplier of
water or other  person subject  to a national primary drinking water
regulation if the establishment, facility, or other property is located
in a State which has primary enforcement responsibility for public
water systems  unless, before written notice of such entry is  made,
the Administrator (or his representative) notifies the State agency
charged with responsibility for safe drinking water of the reasons
for such entry. The  Administrator shall,  upon a showing by the
State agency that such an entry will be detrimental to the adminis-
tration  of the State's program of primary enforcement responsibil-
ity, take such showing into consideration  in determining whether
to make such entry.  No State agency which receives notice  under

 image: 






                              r>4

this  paragraph of an entry proposed  to be made under paragraph
(11 may use the information contained in the notice to inform the
person whose property is proposed to be entered of the  proposed
entry; and if a State agency so uses such information, notice to the
agency under this paragraph is not required until such time as the
Administrator determines the agency has provided him satisfactory
assurances that it will no longer so use information contained in a
notice under this paragraph.
  (c) Whoever fails or refuses to comply with any requirement of
subsection (a) or to allow the Administrator, the Comptroller  Gen-
eral, or representatives of either, to enter and conduct any audit or
inspection authorized by subsection  (bl urn? be (m«d net  mw* thMt
#M**^ shall be subject to a civil penalty of not  to exceed $25,000.
  UlNl) Subject to paragraph (2), upon a showing satisfactory to the
\dministrator by any person that any information ra,:iired under
this  section from such person, if made public, would  divulge trade
secrets or secret processes of such person, the Administrator shall
consider such information confidential in accordance  with the pur-
poses of section 1905 of title 18 of the United States Code. If the
applicant fails to make a showing satisfactory to the Administra-
tor, the Administrator shall give such applicant thirty days' notice
before releasing the  information to which the application relates
(unless  the public health or  safety requires an  earlier release of
such information).
  (2) Any information required under this section (A) may be dis-
closed to other officers, employees, or authorized representatives of
the United States concerned with carrying out this title or to com-
mittees of the Congress, or when relevant  in any proceeding under
this  title, and (B) shall be disclosed to the extent it deals with the
level of contaminants in drinking water. For purposes of this sub-
section  the term "information required  under this section" means
any  papers,  books, documents, or  information,  or any particular
part thereof,  reported to or otherwise obtained by the Administra-
tor under this section.
  (e) For purposes of this section, (1) the term "grantee" means any
person  who  applies for or receives financial assistance  by grant,
contract,  or  loan guaranty  under  this  title, and  (2)  the  term
"person" includes a Fedei   agency.

           NATIONAL DRINKING WATER ADVISORY COUNCIL

  Sec. 1446. (a) There is established a National Drinking Water Ad-
visory Council which shall consist of fifteen members appointed by
the  Administrator after consultation  with the Secretary. Five mem-
bers shall be appointed from the general public; five members shall
be appointed from appropriate State and  local agencies concerned
with water  hygiene and public  water  supply;  and  five  members
shall be appointed from representatives of private organizations or
groups demonstrating an active interest in  the field of  water  hy-
giene and public water supply. Each member of the Council shall
hold office for a term of three years, except that—
       (1) any member appointed to fill a vacancy occuring prior to
     the expiration of the term for which his predecessor was ap-
     pointed shall be  appointed for the remainder of such  term; and
                               55

      (2) the terms of the members first taking office shall expire
    as follows: Five shall expire three years after the date of enact-
    ment of this title, five shall expire  two years after such date,
    and five shall expire one year after such date, as designated by
    the Administrator at the time of appointment.
The members of the Council shall be eligible for reappointment.
  (b) The Council shall advise, consult with, and make recommen-
dations  to,  the Administrator  on matters relating to activities,
functions, and policies of the Agency under this title.
  (c) Members of the Council  appointed under this section shall,
while attending meetings  or conferences of the  Council or other-
wise engaged  in business of the Council, receive compensation and
allowances at  the  rate to be fixed by the Administrator, but not ex-
ceeding  the daily equivalent of the annual rate of basic pay in
effect for grade GS-1H of  the General  Schedule for each  day  (in-
cluding travel time) during which they  are engaged in the actual
performance of duties vested in the Council. While away from their
homes or regular  places of business in the performance of services
for the Council, members of the Council  shall be allowed travel ex-
penses,  including per diem  in lieu of subsistence, in the same
manner  as  persons  employed  intermittently  in the Government
service are allowed expenses under section  5703(b) of title  5 of the
United States Code.
  (d) Section 14(a) of  the Federal Advisory Committee Act  relating
to termination, shall not apply to the Council.

                       FEDERAL AGENCIES
  SEC. 1447. (a) Each Federal  agency (1) having jurisdiction over
any federally  owned  or maintained  public water system or (2) en-
gaged in any activity resulting, or which  may  result in, under-
ground  injection  which endangers drinking  water (within  the
meaning of section 1421(dM2)) shall be subject to,  and comply with,
all  Federal,  State, and local requirements, administrative  authori-
ties, and process  and sanctions respecting the  provision of safe
drinking water and respecting any underground injection program
in the same manner, and  to the same extent, as any nongovern-
mental  entity. The preceding sentence shall apply  (A) to any re-
quirement whether substantive or procedural  (including any rec-
ordkeeping or reporting requirement, any requirement respecting
permits, and any other requirement whatsoever), (B) to the  exercise
of any Federal, State, or local administrative authority, and (C) to
any process or sanction,  whether  enforced in Federal, State, or
local courts  or in  any other manner. This subsection shall apply,
notwithstanding any  immunity of such agencies, under any law or
rule of  law. No officer, agent, or employee of the  United States
shall be personally liable for any civil penalty under this title with
respect  to any act or  omission within  the scope of his official
duties.
  (b) The Administrator shall waive compliance with subsection (a)
upon request of the Secretary of Defense  and upon a determination
by the President that the requested waiver  is necessary in the in-
terest of national security. The Administrator shall maintain a
written  record of  the basis upon which  such waiver was srranted

 image: 






and make such record  available for in  camera examination when
relevant in  a judicial proceeding under this title.  Upon  the issu
ance of such a waiver,  the Administrator shall publish in the Fed-
eral Register a notice that the waiver was granted for national se-
curity purposes,  unless, upon the request of the Secretary of De-
fense, the Administrator determines to omit such publication  be-
cause the publication itself would  be contrary  to  the interests of
national security, in which event the Administrator  shall submit
notice to the Armed Services Committee of the Senate and Mouse
of Representatives.
  IcKll Nothing  in the Safe  Drinking Water Amendments of 1977
shall be construed to alter or affect the status of American Indian
 lands or water  rights nor to waive any sovereignty over  Indian
 lands guaranteed by treaty or statute.
   (2) For the purposes of this Act, the term "Federal agency" shall
 not be construed to  refer to  or include any American Indian tribe,
 nor  to the Secretary of the Interior in  his capacity  as  trustee of

 Indian lands.
                         JUDICIAL REVIEW

   SEC. 1448. (a)  A petition for review of—
        H-) o«tM»n  «t the  Adminiutfiuof m promulgating any national  primary
      drinking water regulation ««4er mitten 141'ii, o*y  regulation wnder Meetion
      141 «t(bM 1), <Hty regulation under fleetten HI4(c). w»y regulation for State

      regulation for the adminiotration ef thw  title may he (Mod only in the

        (I) actions pertaining to the establishment of national pri-
      mary drinking  water regulations (including maximum contami-
      nant level goals) may be filed only in the United States Court of
      Appeals for the District of Columbia circuit; and
        (4) aettefi ef the Adminiotrator  m promulgating any ether regulation

      tWroNWl tntvv* WW WWO nifty OO  nfvtt ORIV fcft inv UlllioG AWratta OUUrl fft ftp
       peak for the appropriate etMttife
         (2) any other action of the Administrator under this Act may
       be filed in the circuit  in which the petitioner resides or trans-
       acts business which is directly affected by the action.
   Any such  petition  shall be Tiled within the 45-day period beginning
   on the date of the  promulgation of the regulation or issuance of the
   order with respect to which review is sought  or  on  the date of the
   determination with  respect to which review is sought,  and may be
   Hied after the expiration  of  such 45-day period if the petition is
   based solely on grounds arising after the expiration of such period.
   Action of the Administrator with respect to which review could
   have been obtained  under this subsection shall not be subject to ju-
   dicial review  in any civil or criminal proceeding for enforcement or
    in any civil action to enjoin enforcement.
      (b) The United States district courts shall have jurisdiction of ac-
    tions brought to review (1) the granting of, or the refusing to grant,
    a variance or exemption  under  section  1415 or 1416 or (2) the re-
    quirements of any schedule prescribed for a variance or exemption
    under such section or the  failure to prescribe such a schedule. Such
                               57

an action may only be brought upon a petition for review filed with
the court within the 45-day period beginning on the date the action
sought  to be reviewed is taken or, in the case of a  petition  to
review the refusal to grant a variance or exemption or the failure
to prescribe a schedule, within the 45-day period beginning on the
date action is required to be taken on the variance, exemption,  or
schedule, as the case  may  be. A petition  for such  review may  be
filed after the expiration of such period  if the petition is  based
solely  on  grounds arising after the  expiration of such period
Action  with respect  to  which  review could have been  obtained
under this subsection shall  not be subject to judicial review in any
civil or criminal proceeding for enforcement or  in any civil action
to enjoin enforcement.
  (c) In any judicial proceeding in which review is  sought of a de-
termination  under this  title  required to  be made on  the record
after notice and opportunity for hearing, if any party applies to the
court for  leave to adduce additional evidence and shows to the sat-
isfaction of the court that such additional evidence  is material and
that there were reasonable grounds for the failure  to adduce such
evidence in the proceeding before the Administrator, the court may
order such additional evidence (and evidence in rebuttal thereof) to
be taken  before the Administrator, in such manner and upon such
terms and conditions as the court may deem proper. The Adminis-
trator may modify his findings as  to the facts, or make new find-
ings, by reason of the additional evidence so taken, and he shall
file such modified or new findings, and his recommendation, if any,
for  the  modification or setting aside of his original determination,
with the return of such additional evidence.

                      CITIZEN'S CIVIL ACTION

  Sec.  1449. (a) Except as provided in  subsection (b) of this section,
any person may commence a civil action on his own behalf—
      (1)  against any person (including (A) the United States, and
    (B)  any other governmental instrumentality or agency to the
    extent permitted by the eleventh  amendment to the Constitu-
    tion)  who is alleged to be in violation  of any requirement pre-
    scribed by or under this title, or
      (2) against the Administrator where there  is alleged a failure
    of  the Administrator to perform  any act or duty under this
    title which is not discretionary with the Administrator.
No  action may be brought under  paragraph (1) against a public
water system for  a violation of a  requirement prescribed by  or
under this title which occurred within the 27-month period begin-
ning on the first day  of the month in which this title is enacted.
The United States district  courts shall have jurisdiction,  without
regard to the amount in controversy or the citizenship of the par
ites, to enforce in  an action brought under this  subsection any re-
quirement prescribed by or under this title or to order the Admin-
istrator to perform an act, or duty described in paragraph (2),  as
the case may be.
  (b) No civil action may be commenced—
      (1)  under subsection (aMl) of this section respecting violation
    of a requirement prescribed bv or under thin  titl*—

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                              58

          (A) prior to sixty days after the plaintiff has given notice
        of such violation (i) to the Administrator, (ii) to any alleged
        violator of such requirement and (iii) to the State in which
        the violation occurs, or
          (B) if the  Administrator, the Attorney General, or the
        State has commenced and is  diligently prosecuting a civil
        action in a court of the United States to  require compli-
        ance with such requirement,  but  in any such action in a
        court of the  United States any person may intervene as a
        matter of right; or
      (2) under subsection (aX2) of this  section prior to sixty days
    after the plaintiff has given notice of such action to the Admin-
    istrator.
Notice required by this subsection shall be given in  such manner as
the Administrator shall prescribe by regulation. No person may
commence a civil action under subsection (a) to require a State to
prescribe a schedule under section 1415 or 1416 for a variance or
exemption, unless such person shows  to the  satisfaction of the
court that the State has in a substantial number of cases failed to
prescribe such schedules.
  (c) In any action under this section, the Administrator or the At-
torney General, if not a party, may intervene as a  matter of right.
  (d) The court, in issuing any final  order in any action brought
under subsection (a) of this section, may award costs of  litigation
(including  reasonable  attorney and  expert witness  fees) to  any
party whenever the court determines such an award is appropriate.
The court may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equivalent securi-
ty in accordance with the Federal Rules  of Civil Procedure.
  (e)  Nothing in this  section shall restrict any right which  any
person (or class of persons) may have under any statute or common
law to seek enforcement of any requirement prescribed by or under
this title or to seek any other relief.  Nothing  in this  section or in
any other law of the  United States shall be construed to prohibit,
exclude, or restrict any State or local government from—
      (1) bringing any action or obtaining any remedy or sanction
    in any State or local court, or
      (2) bringing any administrative action or obtaining any ad-
    ministrative remedy or sanction,
against any agency of the United States under State or local law to
enforce any requirement respecting the provision  of safe drinking
water or  respecting any underground  injection control  program.
Nothing in this  section  shall be construed to authorize judicial
review of regulations or orders of the Administrator under  this
title,  except as provided  in section 1448.  For  provisions  providing
for application of certain requirements to such  agencies in the
same manner as to nongovernmental entities, see section  1447.

                       GENERAL PROVISIONS

   SEC.  1450. (aXD The  Administrator  is authorized to  prescribe
such  regulations as are necessary or appropriate  to carry out his
functions under this title.
                              59

  (2) The Administrator may delegate any of his functions under
this title (other than prescribing regulations) to any officer or em-
ployee of the Agency.
  (b) The Administrator, with the consent of the head of any other
agency of the United States, may utilize such officers and employ-
ees of such agency as he deems necessary to assist him in carrying
out the purposes of this title.
  (c) Upon the request  of a State or interstate agency, the Adminis-
trator  may assign personnel of the Agency to such  State or inter-
state agency  for the purposes of carrying out the provisions of this
title.
  (dXD The Administrator  may make payments of grants under
this title (after  necessary  adjustment  on account of previously
made underpayments or overpayments) in advance or by way of re-
imbursement, and in such installments and on such conditions  as
he may determine.
  (2) Financial assistance may be made available in the form  of
grants  only to individuals and nonprofit agencies or institutions.
For purposes of this paragraph, the term "nonprofit agency or in-
stitution" means  an agency  or institution no part of the net earn-
ings of which inure, or may lawfully inure,  to the benefit of any
private shareholder or  individual.
  (e) The Administrator shall take such action as may be necessary
to assure compliance with provisions of the Act of March 3, 1931
(known as the Davis-Bacon Act; 40 U.S.C.  276a-276a(5)). The Secre-
tary of Labor shall have, with  respect to the labor standards speci-
fied in  this subsection,  the authority and functions set forth in Re-
organization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267)
and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
  (f) The Administrator shall  request the Attorney  General  to
appear and represent him in any civil action instituted under this
title to which the Administrator  is a party. Unless, within a rea-
sonable time, the Attorney General notifies the Administrator that
he will appear in such  action, attorneys appointed by the Adminis-
trator shall appear and represent him.
  (g) The provisions of  this title shall not be construed as affecting
any authority of the Administrator under part G of title III of this
Act.
  (h) Not later than April 1 of each year, the Administrator shall
submit to the Committee on  Commerce of the Senate and the Com-
mittee  on Interstate and Foreign Commerce of the House of Repre-
sentatives a  report respecting the activities of the Agency under
this title and containing such recommendations for legislation  as
he considers necessary. The  report of the Administrator under this
subsection which  is due not  later than April 1, 1975, and each sub-
sequent report of the Administrator under this subsection shall in-
clude a statement on  the actual and anticipated  cost to public
water systems in each  State of compliance with the requirements
of this  title. The Office  of Management and Budget may review any
report  required by this subsection before its submission  to  such
committees of Congress, but the  Office may not revise any  such
report, require any revision in any such report, or delay its submis-
sion beyond the dav DresrrihpH for ita onKmioo^r.  o«/» — -•• ~..w~:»

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                               60

to such committees of Congress its comments repecting any  such
report.
  (iXl) No employer  nay discharge any employee or otherwise dis-
criminate against any employee with respect to  his compensation,
terms, conditions, or privileges of employment because the employ-
ee (or any person acting pursuant  to a request of the employee)
has—
      (A) commenced, caused to be commenced, or is about to  com-
    mence or cause to be commenced a proceeding under this title
    or a proceeding for the administration or enforcement of drink-
    ing water  regulations or  underground  injection control  pro-
    grams of a  State.
      (B) testified or is about to testify in any such proceeding, or
      (C) assisted or participated or is about to assist or participate
    in any manner in such a proceeding or in any other action to
    carry out the purposes of this title.
  12XA) Any employee who believes  that he has been discharged or
otherwise discriminated against by any person in violation of para-
graph (1) may, within 30 days after such violation occurs,  file (or
have any person  Hie on his behalf) a complaint with the Secretary
of Labor (hereinafter in this subsection referred to as  the "Secre-
tary") alleging such discharge or discrimination. Upon receipt of
such a complaint, the Secretary shall notify the person named in
the complaint of the filing of the complaint.
  (BMi) Upon receipt of a complaint Tiled under subparagraph (A),
the Secretary shall conduct an  investigation of the violation alleged
in the complaint. Within 30 days of the receipt of such complaint,
the Secretary shall  complete such investigation and shall notify in
writing the complainant (and any person acting in his  behalf) and
the person alleged to have committed such violation of the results
of the  investigation  conducted pursuant to this subparagraph.
Within 90 days of the receipt of such complaint the Secretary shall,
unless the proceeding on the complaint is terminated by the Secre-
tary on the basis of a settlement entered into by the Secretary and
the person alleged to have committed such violation, issue an order
either providing the relief prescribed by clause  (ii) or denying the
complaint. An  order of the Secretary shall be made on the record
after notice  and opportunity  for agency hearing. The Secretary
may  not enter into a settlement terminating a proceeding on  a
complaint without the participation and consent of the complain-
ant.
  (ii) If in response to n complaint filed under subparagraph (A) the
Secretary determines that a  violation of paragraph  (1) has oc-
curred, the Secretary shall order (I) the person who committed
such  violation to take affirmative action to abate the violation, (II)
such  person to reinstate the complainant to his former  position to-
gether with  the  compensation (including back pay),  terms, condi-
tions, and privileges  of his employment, (III) compensatory dam-
ages, and (IV)  where appropriate, exemplary damages. If such an
order is issued, the Secretary, at the  request of the complainant,
shall assess against the person against  whom the order is issued a
sum equal to the aggregate amount of all costs  and expenses (in-
cluding attorneys' fees) reasonably incurred, as determined hv th<>
                              61

Secretary, by the complainant for, or in connection with, the bring-
ing of the complaint upon which the order was issued.
  (3KA) Any person adversely affected or aggrieved by an order
issued  under paragraph (2) may obtain review of the order in the
United States Court of Appeals for the circuit in which the viola-
tion, with  respect  to  which the order was issued,  allegedly  oc-
curred. The petition for review must be filed within sixty days from
the issuance of the Secretary's  order.  Review shall conform to
chapter 7 of title 5 of the United States Code. The commencement
of proceedings  under this subparagraph shall not,  unless ordered
by the court, operate as a stay of the Secretary's order.
  (B) An order of the Secretary with respect to which review could
have been obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceeding.
  (4) Whenever a person has failed to comply with an order issued
under paragraph (2KB), the Secretary shall file a civil action in the
United States District  Court for the district in which the violation
was found to occur to enforce such order. In actions brought under
this paragraph, the district courts shall have jurisdiction to grant
all  appropriate relief including, but not limited to, injunctive relief,
compensatory,  and exemplary damages. Civil actions filed under
this paragraph shall be heard and decided expeditiously.
  (5) Any nondiscretionary duty imposed by this section is enforce-
able in mandamus proceeding brought under section 1361 of title
28 of the United States Code.
  (6) Paragraph (1) shall not apply with respect to any employee
who, acting without direction from his employer (or the employer's
agent), deliberately causes a violation  of any requirement of this
title.

                         INDIAN TRIBES

  SBC. 1451. (a) IN GENERAL.—Subject  to the provisions of subsec
tion (b), the Administrator—
      (I) is authorized to treat Indian  Tribes as  States under this
    title
      (2) may delegate such Tribes primary enforcement responsibil-
    ity for public water systems and for underground injection con-
    trol, and
      (3) may provide  such  Tribes grant and contract assistance to
    carry out functions provided by this title.
  (b) EPA REGULATIONS.—
      (1) SPECIFIC PROVISIONS.—The Administrator shall, within 18
    months after  the  enactment  of the Safe  Drinking Water Act
    Amendments of 1986,  promulgate final regulations specifying
    those provisions of this title for which it is appropriate to treat
    Indian Tribes  as  States.  Such treatment shall be authorized
    only if:
          (A) the Indian Tribe is recognized by the Secretary of the
        Interior and has a governing body carrying out substantial
        governmental  duties and powers;
          (B) the functions to be exercised by the Indian Tribe are
        within the area of the Tribal Government's jurisdiction;'

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                                62

            (C) the Indian TVifte is reasonably expected to be capable,
          in the Administrator's judgment, of carrying out the func-
          tions to be exercised in a manner consistent with  the terms
          and purposes of this title and of all applicable regulations.
        <2)  PROVISIONS  WHERE  TREATMENT  AS STATE  INAPPROPRI-
      ATE.—For any provision of this title where treatment of Indian
      Tribes as identical to States is inappropriate, administratively
      infeasible or otherwise inconsistent with the purposes of this
      title, the Administrator may include in  the regulations promul-
     gated under this section, other means  for administering such
     provision in a manner that wil achieve the purpose of the provi-
     sion.  Nothing in this section shall be construed to allow Indian
      Tribes to assume or maintain primary enforcement responsibil-
     ity for public, water systems or for underground injection control
     in a manner less protective of the health of persons than such
     responsibility may  be  assumed or maintained by  a State. An
     Indian tribe  shall not be required to exercise criminal enforce-
     ment jurisdiction for purposes of complying with the preceding
     sentence.

  Sections of P.L. 99-339 Which Do Not Amend the Safe Drinking
                            Water Act

   SEC.  109. (c) BAN ON LEAD WATER PIPES,  SOLDER, AND FLUX IN
 VA AND HUD INSURED OR ASSISTED PROPERTY.—
       (1) PROHIBITION.—The Secretary of Housing and Urban De-
     velopment and the Administrator of the Veterans'  Administra-
     tion may not insure or guarantee a mortgage or furnish assist-
     ance with respect  to  newly constructed residential property
     which contains a potable water system unless such  system uses
     only lead free pipe, solder, and flux.
      (2) DEFINITION OF LEAD FREE.—For purposes of paragraph (1)
     the term "lead free"—
           (A) when used with respect to sojders and flux refers to
        solders and flux containing not more than 0.2 percent lead,
        and
           (B) when used with  respect  to pipes and pipe  fittings
        refers to  pipes and pipe fittings containing not more than
        8.0 percent lead.
      (3) EFFECTIVE DATE.—Paragraph (1) shall become  effective 24
     months after the enactment of this Act.
  (d) LEAD SOLDER AS A HAZARDOUS SUBSTANCE.—
      (1)  IN GENERAL.—Section  2(fXl) of  the Federal  Hazardous
     Substances Act is amended  by adding the following at the end
     thereof:
      "(E) Any solder which has a lead content in  excess of 0.2 per-
     cent.".
      (2)  LABELING.—Section 4  of  the Federal  Hazardous  Sub-
     stances Act is amended by  adding the following at the  end
     thereof:
  "(k) The introduction or delivery for introduction into interstate
commerce of any lead solder which has a lead content in excess of
0.2  percent which does  not prominently display  a warning label
stating the lead content  of the solder and warning that the use of
                              63

such solder in  the  making of joints or fittings in  any private or
public potable water supply system is prohibited."
      (3) EFFECTIVE DATE.—The amendments made by this subsec-
    tion shall become effective 24 months after the enactment of
    this Act.
  SEC. 201. (c) SECTION 7010.—<1) Section 7010(c) of the Solid Waste
Disposal Act is  amended by striking "sections 7002 and 7003 of this
Act" and inserting in lieu thereof "the provisions of this Act".
  (2) Section 7010 of the Solid Waste Disposal Act is renumbered as
section 3020 and inserted after section 3019 of such Act. Section
7012 of such Act is renumbered as section 7010. The item relating
to section 7010  in the table of contents for such Act is renumbered
as section 3020  and inserted after the item relating to section 3019.
The item  relating to section 7012 in the table of contents for such
Act is renumbered as section 7010. Such table of contents is further
amended by inserting after section 3015 the following new item:
"Sec. 3016. Inventory of Federal Agency hazardous waste facilities.".
  SEC.  302. (e)  STUDY.—The Administrator of the Environmental
Protection Agency, in cooperation with the Director of the Indian
Health Service, shall, within 12 months after the enactment of this
Act, conduct a survey of drinking water on Indian  reservations,
identifying drinking water problems and the need, if any, for alter-
native drinking water supplies.
  SEC. 304. (b) COMPARATIVE  HEALTH EFFECTS ASSESSMENT.—The
Administrator  of the Environmental  Protection Agency shall con-
duct a comparative health effects assessment, using available data,
to compare the public health effects (both  positive and negative) as-
sociated with water treatment chemicals and their byproducts to
the  public health effects associated  with contaminants found in
public water supplies. Not later than 18  months after the date of
the enactment  of this Act, the Administrator shall submit a report
to the Congress setting forth the results of such assessment.

                               O

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