United States
Environmental Protection
Agency
Office of Water
4601
EPA810-S-96-001
August 1996
wEPA SAFE DRINKING WATER ACT
AMENDMENTS OF 1996
GENERAL GUIDE TO PROVISIONS
-------
illllll I 111
".1
SI
. J iiii'i I1;1!; I,::: :;>':: a'iff.'E
'^M.ii.^'iSSP
*^.':M:»
..
i <,!«! ;1|!«i;i, Li" "iM'iuMtK
•:|||!^pi;.| fjpjpiiijlflil
llii Ill Ill
i I!;!!!,,:!,! Vto hU ;ft^ >'!MKtt^tHmtal|WHMI
I*;,:,!!. F'-!":«P/ ,!'• ,,!•„! i'.''i" i1:'I'll ,.',*'.«!' jf'iif•,»'!:, ':';!»,•!:' I. BiJiyiiMlilliB^^^^^^^^^^^^^^
". i1 (i.ig,'--;"]"; Lrs*'".'j'Si;,*::s"hi!'''•'!;''!'".Ji.i!"'*';"i'r".1'*"":'""
"!,,,,'» ",, IJii: 'Ik ',' ,' iHili '"'I i'llilink'SIIHiillil1!", 'l!!!r i1 i !.,'.:.' ii, 'i'i ! 'i !„ ,:'!' "f !'!; "I'v,; '.'"''
1 u '.'.i'ii" "i J '•!; i! i'iiiii; .; Aii.'*'j;-.:.)(ift>i'tiaH!,«ll.B
"• .,!• Sill III! (i ii Kt •IHtliiiift'ii'ii.:;:',: i Hi!! :,!!"!•! niij'n ! li^hHlK^
-------
Safe Drinking Water Act Amendments of 1996
GENERAL GUIDE TO PROVISIONS
Environmental Protection Agency
Office of Ground Water and Drinking Water
August 1996
The Safe Drinking Water Act Amendments of 1996 (PL 104-182) establish a new charter for
the nation's public -water systems, States, and the Environmental Protection Agency in protecting the
safety of drinking -water. The amendments include, among other things, new prevention approaches,
improved consumer information, changes to improve the regulatory program, and funding for States
and local water systems. President Clinton signed the Amendments on August 6, 1996. Copies are
available from the Government Printing Office (tel. 202/512-1808; fax 202/512-2250).
This General Guide provides a subject-indexed overview of the new amendments. The guide
•will be supplemented with additional summaries and explanatory materials now under preparation
by the Environmental Protection Agency.
TABLE OF CONTENTS
I. PREVENTION APPROACHES
Source Water Protection pg. 1
ASSESSMENT PROGRAMS
PROGRAM ELEMENTS
TIME FRAME FOR ASSESSMENTS
USE OF OTHER AUTHORITIES
ASSESSMENT LINK TO ALTERNATIVE MONITORING
DWSRF FUNDS FOR ASSESSMENTS
DEMONSTRATION PROJECT
PETITION PROGRAM
CONTAMINANTS ADDRESSED BY PETITIONS
RESPONSE TO PETITIONS
USE OF CLEAN WATER ACT FUNDS
GRANTS FOR STATE PROGRAMS
WELLHEAD PROTECTION
NEW YORK CITY WATERSHED
State Ground Water Protection pg. 2
Capacity Development pg. 3
NEW SYSTEM AUTHORITY
SYSTEMS IN SIGNIFICANT NONCOMPLIANCE
STATE CAPACITY DEVELOPMENT STRATEGIES
CONTENT OF STATE STRATEGY
EPA INFORMATION
EFFECT OF REGULATIONS ON CAPACITY
REPORT ON STATE PROGRESS
LINK TO SRF ASSISTANCE
FINANCE CENTERS
TECHNOLOGY ASSISTANCE CENTERS
Operator Certification pg. 4
CERTIFICATION PARTNERSHIP
CERTIFICATION GUIDELINES
STATE PROGRAMS
TRAINING REIMBURSEMENT
GROUND WATER GRANTS FOR STATES
GROUND WATER GRANT GUIDANCE
REPORT TO CONGRESS
-------
H. CONSUMER INFORMATION
Consumer Awareness pg. 5
CONSUMER CONFIDENCE REPORTS
COVERAGE
EPA REGULATIONS
HOTLINE
BOTTLED WATER CONSUMER STUDY
Public Notification pg. 5
GENERAL REQUIREMENTS
VIOLATIONS WITH SERIOUS EFFECTS
OTHER VIOLATIONS
STATE REPORTS
EPA REPORTS
ALTERNATIVE RADON STANDARD
STATE MULTIMEDIA RADON PROGRAMS
REVIEW OF MULTIMEDIA RADON PROGRAMS
SCHEDULE FOR MICROBIAL/DISINFECTION
BYPRODUCTS
DBP STANDARD-SETTING AND RISK-RISK
DBP STANDARD-SETTING
Drinking Water Studies
and Research
.pg. 10
BIOLOGICAL MECHANISMS
MICROBIAL/DBP STUDIES
WATERBORNE DISEASE STUDIES AND INFORMATION
SENSITIVE SUBPOPULATIONS
SCREENING FOR ESTROGENICSUBSTANCES
RESEARCH FUNDS
STRATEGIC PLAN
KERR LAB
IH. REGULATORY PROGRAM
Contaminant Selection pg. 6
GENERAL AUTHORITY
GOOD SCIENCE
OCCURRENCE DATABASE
CONTAMINANT LIST
DETERMINATION OF WHETHER TO REGULATE
URGENT THREATS
Standards and Regulation
Development
•Pg- 7
RISK COMMUNICATION
COST-BENEFIT ANALYSIS
SETTING MCLs
STANDARD SETTING FLEXIBILITY
LIMITATION ON FLEXIBILITY
RISK-RISK CONSIDERATIONS
JUDICIAL REVIEW
REVIEW OF STANDARDS
GROUND WATER DISINFECTION
EFFECTIVE DATE OF REGULATIONS
FILTER BACKWASH
REGULATION DEVELOPMENT FUNDING
BOTTLED WATER STANDARDS
Arsenic, Sulfate, Radon,
Disinfection Byproducts
.pg. 9
ARSENIC STUDY PLAN
ARSENIC DEADLINES
SULFATE STUDY AND REGULATION
RADON STUDY BY NAS
RADON STANDARD
Small Systems Technology, Variances,
and Exemptions pg. 11
AFFORDABLE TECHNOLOGIES
•SURFACE WApR TREATMENT RULE
VARIANCE TECHNOLOGY
SMALL SYSTEM VARIANCES
REGULATIONS FOR VARIANCES
BLOCK ON CERTAIN VARIANCES
VARIANCE TIME FRAMES
AFFORDABILITY CRITERIA
CHANGE TO EXISTING VARIANCE PROCESS
REVIEW OF VARIANCES
TECHNOLOGY INFORMATION
EXEMPTIONS
Monitoring pg. 13
INFORMATION COLLECTION
REVIEW OF MONITORING REQUIREMENTS
INTERIM MONITORING RELIEF
PERMANENT ALTERNATIVE MONITORING
EPA GUIDANCE
UNREGULATED CONTAMINANT MONITORING
SMALL AND MEDIUM SYSTEM MONITORING PLAN
RESULTS REPORTING
AUTHORIZATION
ANALYTICAL METHODS
Enforcement ....pg- 14
ADMINISTRATIVE ORDERS
PENALTY CAP :
PENALTY PROCESS
CONSOLIDATION INCENTIVE
ENFORCEABLE REQUIREMENTS
NOTIFICATION OF LOCAL OFFICIALS
EMERGENCY AUTHORITY PENALTY
-------
IV. FUNDING FOR STATES
AND WATER SYSTEMS
Drinking Water State
Revolving Fund
pg.15
ESTABLISHMENT
ALLOTMENT AND ELIGIBILITY
LINK TO PRIMACY
LINK TO CAPACITY DEVELOPMENT
LINK TO OPERATOR CERTIFICATION
USE OF FUNDS
INTENDED USE PLANS
STATE MATCH
SET-ASIDES
OTHER USES OF FUNDS
COMBINED FINANCIAL ADMINISTRATION
TRANSFER OF FUNDS
REGULATIONS AND GUIDANCE
AUDITS
NEEDS SURVEY
WATER CONSERVATION
Additional Assistance for Water,
8 nfrestructure and Watersheds pg. 20
(Title IV - does not amend SDWA)
GRANT AUTHORITY
USE OF GRANTS
FUNDING LEVELS
V. OTHER PROVISIONS
Public Water Supply
Supervision „
•Pg.17
TIME FRAME FOR STATE PRIMACY
ADMINISTRATIVE PENALTY REQUIREMENT FOR
PRIMACY
INTERIM PRIMACY
PUBLIC WATER SYSTEM SUPERVISION GRANTS
EPA PRIMACY
Federal Agencies pg. 17
SOVEREIGN IMMUNITY
REVIEW OF ORDERS
CITIZEN ACTION
Miscellaneous pg. 18
LEAD LEACHING STANDARD
LEAD PROHIBITION
LIMITED ALTERNATIVE TO FILTRATION
GRANTS FOR ALASKA NATIVE VILLAGES
RELATIONSHIP OF GRANTS TO SERF
WASHINGTON AQUEDUCT
DRINKING WATER FUNDS FOR COLONIAS
WASTEWATER FUNDS FOR COLONIAS
ZEBRA MUSSEL CONTROL
DEFINITIONAL CHANGE FOR ANALYTIC METHODS
DEFINITION OF COMMUNITY/NONCOMMUNITY
SYSTEM
OPEN CONVEYANCES
RETURN FLOWS
-------
-------
EPA General Guide to the Safe DrhiMng Water Act Amendments of 1996.
August 1996
I. PREVENTION APPROACHES
SOURCE WATER PROTECTION
ASSESSMENT PROGRAMS: Establishes a new
Section 1453 for source water quality
assessments. States with PWSS-primacy shall -
submit source water assessment programs to
EPA for approval. EPA is required to publish
guidance to States by August 6, 1997. States
must submit their program to EPA no later
than 18 months after EPA publishes guidance.
A State program is automatically approved 9
months after submitted to EPA.unless EPA
disapproves program. [1453] Sec. 132(a)
PROGRAM ELEMENTS: A State assessment program
is required to: (1) delineate the boundaries of
the areas providing source waters for public
water systems, and (2) identify (to the extent
practicable) the origins of regulated and
certain unregulated contaminants in the
delineated area to determine the susceptibility
of public water systems to such contaminants.
[1453] Sec. 132(a)
TIME FRAME FOR ASSESSMENTS: Assessments are
to be completed for all public water systems
within 2 years after EPA approval of the
State's program. EPA may extend this period
up to 18 months taking into account funds
made available to the State under the
Drinking Water State Revolving Fund
(DWSRF). States shall make the results of the
source water assessments available to the
public. [1453] Sec. 132(a)
USE OF OTHER AUTHORITIES: To avoid duplication,
assessments may make use of sanitary
surveys, State wellhead protection programs,
pesticide State management plans, State
watershed initiatives including efforts under
the Surface Water Treatment Rule, and efforts
under the Federal Water Pollution Control Act
(Clean Water Act). [1453] Sec. I32(a)
ASSESSMENT LINK TO ALTERNATIVE MONITORING:
For a State to tailor alternative monitoring
requirements for pubic water systems under a
new permanent monitoring relief authority
(Section 1418), a State must have an EPA
approved source water assessment program.
Any public water system seeking alternative
monitoring requirements under a State's
permanent monitoring relief authority must
have a complete source water assessment.
[1453] Sec. 132(a)
DWSRF FUNDS FOR SOURCE WATER PROTECTION:
A State may use up to 10% of its DWSRF
allotment in both FY 1996 and 1997 to
delineate and assess source water protection
areas. Loans may also be used to acquire
land or conservation easements to protect
source waters and to implement voluntary
measures to facilitate compliance. A State
may use up to an additional 10% of its DWSRF
allotment to administer or provide technical
assistance through source water protection
programs. [1452(g), (k)] Sec. 130
DEMONSTRATION PROJECT: EPA is to conduct a
demonstration project of the most effective
and protective means of assessing and
protecting source waters serving large
metropolitan areas and located on Federal
lands. [1453] Sec. 132(a)
PETITION PROGRAM: A new authority is established
for a source water petition program. States
may establish a program to receive, approve
and respond to petitions from a public water
system operator/ owner or local government
entity to assist in the development of voluntary
local incentive-based partnerships to (1)
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
1
-------
I General Gnlde to the Saf« Hi-inking water Act Amendments of 1996.
August 1996
reduce the presence of contaminants, (2)
provide financial or technical assistance
requested, and (3) develop recommendations
for voluntary, long-term source water
protection strategies. [1454] Sec. 133(a)
CONTAMINANTS ADDRESSED BY PETITIONS:
- - - - -Petitions may address only either pathogenic
organisms which are regulated (or for which
regulation is required) or contaminants
detected that are not found "reliably and
consistently" below the MCL [1454]
Sec. 133(a)
RESPONSE TO PETITIONS: In responding to source
water petitions, a State is to provide, at a
minimum, information on: priority of the public
health concern identified by the petition; funds
available; and technical/financial assistance
available from other Federal and State pro-
grams, including the DWSRF and program-
matic grants of the CWA, Section 6217 of the
Coastal Zone Act, Title XI of the Food Security
Act, sole source aquifer, wellhead protection,
pesticide-ground water management plans,
etc. [1454] Sec. 133(a)
USE OF CLEAN WATER ACT FUNDS: A "Sense of
Congress" provision states that priorities
established under section 606(c) of the
Federal Water Pollution Control Act give
special consideration to projects
recommended pursuant to local source water
petitions. [Free standing— does not amend
SDWA] Sec.l33(b)
GRANTS FOR STATE PROGRAMS: By August 7,
1997, EPA is to publish guidance to assist
States in developing source water quality
protection partnership programs, and to assist
local governments and community water
systems in developing partnerships and
assessing source water quality. State grants
of $5 million are authorized to carry out such
programs. [1454(c)] Sec. 133(a) Also, up to
10% of a State's DWSRF allotment can be
used by States for responding to petitions.
[1452(g), (k)] Sec. 130
WELLHEAD PROTECTION: Annual funding for States
wellhead protection programs is reauthorized
for FYs 1997-2003 at $30 million, underground
injection control programs at $15 million, and
critical aquifer protection at $15 million.
[1428(k)l Sec. 120. States may use up to 10%
of their DWSRF allotment to implement then-
wellhead protection programs. [1452(g)]
Sec. 130
NEW YORK CITY WATERSHED: Establishes the New
York City watershed protection program. EPA
is authorized to provide financial assistance to
State of New York for demonstration projects
implemented as part of 'the watershed
program for the protection and enhancement
of the quality of source waters of the New York
City water supply system. Within 5 years, the
Governor of .New York is to provide EPA with a
report on the results of funded projects. $15
million grant to New York is authorized for
each fiscal year 1997 to 2003. [1443(d)]
Sec. 128
STATE GROUND WATER PROTECTION
GROUND WATER GRANTS FOR STATES: Establishes
a new Section 1429 for state ground water
protection programs. EPA may make grants
to States to develop programs to ensure
coordinated and comprehensive protection of
ground water resources within the State. $ 15
million is authorized for State grants for each
fiscal year 1997 to 2003. [1429] Sec. 131
Key:
The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
GROUND WATER GRANT GUIDANCE: By August 6,
1997, and annually thereafter, EPA is to
publish guidance establishing procedures for
State grant applications. [1429] Sec. 131
REPORT TO CONGRESS: By August, 1999, and every
three years thereafter, EPA is to report to
Congress on the quality of the Nation's ground
waters and effectiveness of State programs
for ground water protection. [1429] Sec. 131
CAPACITY DEVELOPMENT
NEW SYSTEM AUTHORITY: By October 1,1999, each
State must obtain the authority to ensure that
new community water systems and non-
transient noncommunity water systems have
the technical, financial, and managerial
capacity to meet National Primary Drinking
Water Regulations. A State will receive only
80% of its DWSRF cdlotrnent unless the State
has such authority. [1420(a)] Sec. 119
SYSTEMS IN SIGNIFICANT NONCOMPLIANCE:
States must prepare and submit to EPA by
August 6, 1997 (and periodically update) a list
of community water systems and non-
transient, non-community water systems that
have a history of significant noncompliance,
and the reasons for their noncompliance.
States must report to EPA in 5 years on the
success of efforts to .assist small systems in
improving capacity. [ 1420ft))] Sec. 119
STATE CAPACITY DEVELOPMENT STRATEGIES:
States are required to establish capacity
development strategies to assist systems in.
developing and maintaining technical,
financial and management capacity. States
not developing and implementing a strategy
receive only 90% of their DWSRF allotment in
Fiscal Year 2001; 85% in 2002; and 80% in
each subsequent fiscal year. [1420(c)] Sec.
119. The total withholding for all capacity
development provisions may not exceed 20%.
[1452(a)(l)(G)]. Sec. 130
CONTENT OF STATE STRATEGY: In preparing its
capacity development strategy, each State
shall: consider the criteria it will use to identify -
public water supplies most in need of
improved capacity; describe factors that
encourage or impair capacity development-
describe how the State will use its authorities
to assist systems in complying, encourage
partnerships between systems, and assist in
training/certification of operators; describe
how the State will measure progress; and
identify parties interested in capacity
development [1420{c)] Sec. 119
EPA INFORMATION: Within 180 days of enactment,
EPA is to conduct a review of .existing State
capacity development efforts and publish
information to assist States and water systems
in capacity development efforts. Within 2
years of enactment EPA is to develop
guidance, in consultation with the States,
describing legal authorities and other means
to ensure that new systems demonstrate
technical, financial, and managerial capacity.
[1420(d)j Sec, 119
EFFECT OF REGULATIONS ON CAPACITY: When
promulgating new regulations, EPA must
include an analysis of the likely effect of the
regulations on the technical, financial, and
managerial capacity of water systems.
[1420(d)(3)]'Sec. 119
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
-------
EPA Ggiieral Gtdde to ths Safe Drinking Water Act Amendments of 1996.
August 1996
REPORT ON STATE PROGRESS: States must make
available to the public a report to the
Governor (within 2 years and every 3 years
thereafter) on the efficacy of their capacity
development strategy and progress in
improving water system capacity. [1420(c)(3)j
Sec. 119
LINK TO DWSRF ASSISTANCE: Systems that are in
significant noncompliance or lack technical,
financial and managerial capacity to ensure
compliance may not receive DWSRF
assistance unless the assistance will ensure
compliance and, where the system lacks
capacity, the system agrees to undertake
appropriate changes, as the State deems
necessary, to ensure capacity. [1452(a)(3)]
Sec. 130
FINANCE CENTERS: EPA is authorized to provide
initial funding for one or more university-
based environmental finance centers
(including a national public water system
capacity development clearinghouse) that
would provide technical assistance to State
and local officials in developing the financial
and managerial capacity of public water
systems. $1,500,000 is authorized for each
fiscal year 1997-2003. [1420(g)] Sec. 119
TECHNOLOGY ASSISTANCE CENTERS: EPA is
authorized to make grants to universities to
establish and operate small public water
system technology assistance centers. The
centers would conduct training and technical
assistance relating to the information, per-
formance, and technical needs of small water
systems. Criteria are provided for EPA to use
to select grant recipients. $2 million is
authorized for each of the fiscal years 1997
through 1999 and $5 million for each of the
fiscal years 2000 through 2003. [1420(0]
Sec. 119
OPERATOR CERTIFICATION
CERTIFICATION PARTNERSHIP: Within 180 days EPA
must initiate a partnership with States, Public
Water Systems, and the public to develop
information on recommended operator certifi-
cation re'qulre'ments. ~ The' information deve-
loped through this partnership must be
published within 18 months of enactment.
[1420(d)]Sec. 119
. CERTIFICATION GUIDELINES: Within 30 months of
enactment, in cooperation with the States, EPA
must publish guidelines specifying minimum-
standards for certification and recertification
of operators of community and nontransient,
noncommunity water systems. [1419(a)]
Existing State programs are to be considered
.substantially equivalent to the guidelines
unless the existing program fails to achieve
the overall public health objectives of the
guidelines. [i419(c)] Sec. 123
STATE PROGRAMS: Beginning 2 years after guide-
lines are published, 20% of a State's DWSRF
allotment will be withheld if the State is not
implementing an operator certification
program. [1419(b)] Sec. 123
TRAINING REIMBURSEMENT: EPA through grants to
the States (allocated on the basis of "reason-
able costs"), is required to reimburse training
and certification costs for operators of systems
serving fewer than 3,300, including per diem
for unsalaried operators, who are required to
undergo training as a result of the Federal
requirement. Grants of $30 million are
authorized, and the necessary funds may be
set aside from the DWSRF if appropriations
are not sufficient. [1419(d)] Sec. 123
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
II. CONSUMER INFORMATION
CONSUMER AWARENESS
CONSUMER CONFIDENCE REPORTS: Community
water systems are to prepare an annual
"consumer confidence report""orrthe source -
of their drinking water and the levels of
contaminants found in the drinking water. The
report is to be sent to all customers by mail.
The report is required annually, and must
include: (1) information on the source of
drinking water, (2) brief definitions of terms, (3)
(if regulated contaminants are found) the
MCLG, MCL, and the level found, (4) (if MCL is
violated) information on health effects, and (5)
information on levels of unregulated
contaminants (if required by EPA regulations).
[1414(c>] Sec. 114(a)
COVERAGE: Governors may allow systems serving
fewer than 10,000 persons to publish the
report in a local newspaper, in lieu of mailing.
Governors may also allow systems serving
fewer than 500 people to notify customers that
the report is available, in lieu of mailing. The
report is required annually. States may adopt
alternative requirements for the form and
content of consumer confidence reports
(through State regulation). [1414(c)(4)]
Sec. 114(a)
EPA REGULATIONS: EPA must issue regulations,
within 2 years of enactment, that establish the
requirements for the consumer confidence
reports. These regulations must be developed
in consultation with public water systems,
environmental groups, public interest groups,
risk communication experts, and the States.
The regulations must include plainly worded
definitions of "maximum contaminant level
goal," "maximum contaminant level,"
"variances," and "exemptions," as well as
plain-language explanations of the health
concerns associated with contaminants.
Sec.
HOTLINE: EPA is required to have a Hotline for
consumers to provide more information on
drinking water contaminants and potential
health effects. [1414(c)] Sec. 114(a)
BOTTLED WATER CONSUMER STUDY: The Food and
Drug Administration is required to publish in
18 months for public comment, a study on the
feasibility of appropriate methods for
informing consumers of the contents of bottled
water. The final study is to be done in 30
months. [1414(c)] Sec. 114(b)
PUBLIC NOTIFICATION
GENERAL REQUIREMENTS: Clarifies general require-
ments for public notification of violations of
any MCL, treatment technique, testing proce-
dure, or monitoring requirement, and the
existence or violation of a variance or
exemption. The general requirement includes
unregulated contaminants if (as in the old law)
notice is required by EPA regulations. The
basis for EPA's public notification regulation is
altered to clarify those violations requiring 24
hour notice and those that may be provided at
a later date..-'States are allowed to adopt
alternative "form and content" of public notice
through State regulation. [1414(c)] Sec. 114(a)
VIOLATIONS WITH SERIOUS EFFECTS: Notices for
violations with potential to have "serious
adverse effect" must contain an explanation of
the violation, the potential health effects, what
the system is doing to correct the problem,
and whether consumers need to use an
alternate source of water. Recipients of such
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
-------
EPA General Gnlde to the Safe Drinking Water Act Amendments of 1996.
August 1996
notices must include consumers and the
State. Notices must be given by "appropriate"
broadcast media and newspaper serving
area, or posted door-to-door in lieu of broad-
cast medioAiewspaper. Notices must be
given within 24 hours after occurrence of
violation. [1414(c)] Sec. 114(a)
OTHER VIOLATIONS: EPA is to prescribe the form
and manner of the notice for violations that do
riot have the potential to have a "serious
adverse effect." Persons served by a system
must receive the notice in the first bifl after the
violation, in an annual report, or by mail or
direct delivery within a year. [1414(c)]
Sec. 114(a)
STATE REPORTS: Each State is required to prepare
an annual report on violations. States are
also required to publish and distribute
summaries of the report and specify where the
full report is available. The first report is due
on January 1, 1998. [1414(c)] Sec. 114(a)
EPA REPORTS: EPA is required to prepare an annual
report summarizing States' reports and public
notices submitted by Indian Tribes. The report
will include EPA recommendations on resour-
ces needed to improve compliance and will
discuss EPA enforcement activity against, and
financial assistance to, Indian reservations.
EPA's first report is due in July, 1998. [1414(c)3
Sec. 114(a)
III. REGULATORY PROGRAM
CONTAMINANT SELECTION
GENERAL AUTHORITY: EPA's general authority to set
an MCLG and to regulate a contaminant is
modified to apply to contaminants that: may
adversely effect human health; are known or
likely to occur at a frequency and level of
pubic health concern in public water systems;
• and for which regulation presents a meaning-
ful opportunity for health risk reduction for
persons served by public water systems.
[Section 1412(b)] Sec. 102(a)
GOOD SCIENCE: Continues the old law's
requirement that EPA consult with the EPA's
Science Advisory Board and National Drinking
Water Advisory Council in promulgating
regulations. A provision is added requiring
EPA to use the "best available, peer-reviewed
science" and data collected by accepted or
best available methods in carrying out
science-related actions under Section 1412
("National Drinking Water Regulations").
[1412(b)l Sec.103
OCCURRENCE DATABASE: EPA must establish
an occurrence database within 3 years of
enactment. In establishing the database, EPA
must solicit recommendations from the
Science Advisory Board, States, and other
interested parties. The database is to include
information on unregulated contaminants for
which monitoring is required by EPA and
regulated contaminants detected at quanti-
fiable levels (whether or not the level consti-
tutes a violation of a standard). The informa-
tion in the database must be made available
to the public in a readily accessible form.
[1445(g)] Sec. 126
CONTAMINANT LIST: Within 18 months of enactment
and every 5 years thereafter, EPA will publish
a list of contaminants not subject to any pro-
posed or final national primary drinking water
regulation and which are known or'
anticipated to occur in public water systems
and may require regulation. In developing the
list, EPA must consult with the scientific
Key:
The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
-------
EPA Geheral Guide to the Saf R nrinkftig Water Act Amendments of 1996.
August 1996
community, allow for public comment, and
consider the occurrence database (establish-
ed under Section 1445). [1412(b>] Sec. 102(a)
DETERMINATION OF WHETHER TO REGULATE:
The requirement that EPA regulate 25
additional contaminants every 3 years is
eliminated. Instead, starting five years from
the date of enactment and every 5 years
thereafter, EPA is required to determine
whether or not to regulate at least 5 of the
contaminants listed as potential contaminants
for regulation (see "contaminant list" above).
EPA is directed to make determinations for
contaminants that present the greatest public
health concern. In selecting such
contaminants, EPA must take into considera-
tion the effect of contaminants upon sensitive
subpopulations, such as infants, children,
pregnant women, the elderly, and individuals
• with a history of serious illness. Within 2 years
after a determination to regulate a contami-
nant, EPA must propose a maximum contami-
nant level goal and national primary drinking
water regulation. EPA must publish an MCLG
and final national primary drinking water
regulation 18 months thereafter. [1412(b)]
Sec. 102(b) (related to "25 every 3 years") and
Sec. 104(a) (related to "determination")
URGENT THREATS: EPA (after consultation with
the Department of Health and Human
Services) may issue interim regulations for
any contaminant which poses an urgent threat
to human health without making the usual
"determination to regulate" (see above) and
completing the cost-benefit analysis (see
"standards and regulation development"
below). However a cost-benefit analysis and
the required determination (to regulate or not)
must be done within 3 years after the interim
rule, and the rule must be repromulgated or
revised if necessary. [1412(b)l Sec. 102(a)
STANDARDS AND REGULATION
DEVELOPMENT
RISK COMMUNICATION: In support of each regula-
tion, EPA must make available to the public a
document that specifies, to the extent practi-
cable, the population addressed by the
regulation; the central, upper and lower esti-
mates of risk; significant uncertainties and
studies that would help resolve uncertainties;
and peer-reviewed studies that support or fail
to support estimates. [1412(b)] Sec. 103
COST-BENEFIT ANALYSIS: Whenever EPA proposes a
national primary drinking water regulation,
EPA must publish a cost-benefit analysis. The
analysis for alternative MCLs must include,
among other things, consideration of effects
on sensitive subpopulations. The analysis for
treatment technique regulations must take into
account "as appropriate" the cost and benefit
factors required for an MCL regulation. EPA
may identify health benefit measurement and
valuation methods, including consumer"
willingness to pay" for reductions in health
risks. [1412(b)] Sec. 103
SETTING MCLs: The new law retains the old require-
ment that MCLs be set as close to MCLGs "as
is feasible," except when EPA determines that
the cost of a. standard at that level are not
justified by the benefits, or when certain "risk-
risk" considerations apply. [1412(b)l Sec. 104
STANDARD SETTING FTZXffilUTY: When EPA
proposes an MCL, EPA must publish a
determination as to whether the costs of the
standard are justified by the benefits. If EPA
determines that the costs of an MCL are not
justified by the benefits, the law allows EPA to
set an MCL that maximizes health risk
reduction benefits at a cost that is justified by
the benefits. [1412(b)(6)] Sec. 104
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
LIMITATION ON FLEXTBIIHY: EPA cannot use the
authority to adjust the MCL from the feasible
level if the benefits are justified (at the feasible
level) for systems that serve 10,000 or more
persons and for systems that are unlikely to
receive a variance. [1412(b)(6)l Sec. 104
RISK-BISK CONSIDERATIONS: EPA may consider
"risk-risk" tradeoffs when setting an MCL. An
MCL may be set at a level other than the
feasible level if the technology to meet the
MCL would increase health risk by (i) increas-
ing concentration of other contaminants in
drinking water, or (ii) interfering with treatment
used to comply with other primary drinking
water regulations. When establishing such an
MCL, EPA shall (i) minimize overall risk by
balancing both the risk reductions from
treating the individual contaminant with
possible side-effects of such treatment on
concentrations of other contaminants, and (ii)
assure that the combination of treatments for
the individual contaminant and other
contaminants shall not be more stringent than
the "feasible" standard. [1412(b)(5)] Sec. 104
JUDICIAL REVIEW: EPA's determination of whether an
MCL's benefits justify the cost is judicially
reviewable only as part of a Court's review of
the associated primary drinking water
regulation. [1412(b)(6)] Sec. 104
REVIEW OF STANDARDS: The requirement for EPA to
review every regulation is changed from 3
years to 6 years. EPA shall revise national
primary drinking water standards, as appro-
priate. Any revisions must be in accordance
with the new provisions of section 1412, except
that each revision "shall maintain, or provide
for greater, protection of the health of
persons." [1412(b)(9)] Sec. 104(c)
GROUND WATER DISINFECTION: EPA shall issue
regulations requiring disinfection "as
necessary" for ground water systems. These
regulations shall be issued at any time after
August 1999 and no later than the final
disinfection byproducts Stage n rule. After
consultation with the States, EPA shall
promulgate criteria -for-determining whether
disinfection shall be required as a treatment
technique for groundwater systems.
C1412(b)(8)] Sec. 107
EFFECTIVE DATE OF REGULATIONS: National pri-
mary drinking water regulations shall take
effect 3 years from date of promulgation
unless EPA determines an earlier date is
"practicable." An additional 2 years for
compliance may be provided if necessary for
capital improvements. [1412(b)(10)] Sec. 108
FILTER BACKWASH: Not later than August 2000,
EPA shall promulgate a regulation for filter
backwash recycling within the treatment
process of public water supply systems,
unless such recycling has been addressed in
the Enhanced Surface Water Treatment Rule
prior to that date. [1412(b)(14)] Sec. 110
REGULATION DEVELOPMENT FUNDING: $35 million
is authorized for conducting studies,
assessments, and analyses in support of
regulations or the development of methods for
fiscal years 1996-2003. [1412(b)(3)(Q] Sec. 103
BOTTLED WATER STANDARDS: FDA is required to
regulate the same contaminants in bottled
water that EPA regulates in public water
supplies, unless the FDA makes a finding that
such a regulation is not necessary to protect
public health. The standard of quality regula-
tion for bottled water shall be "no less strin-
gent" than the MCL established by a national
primary drinking water regulation, and the
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
-------
EPA General Guide to the Safe llrinldng Water Act Amendments of 1996.
August 1996
regulations must include appropriate
monitoring requirements. [Section 410 of the
Federal Food, Drug, and Cosmetic Act]
Sec. 305
ARSENIC, SULFATE, RADON,
DISINFECTION BYPRODUCTS ------
ARSENIC STUDY PLAN: 180 days after enactment,
EPA must develop an arsenic study plan to
assess health risks associated with exposure
to low levels of arsenic. In conducting this
study, EPA must consult with, and may enter
into a cooperative agreement with, the
National Academy of Sciences (NAS), other
Federal agencies, and interested
stakeholders. [1412(b)(12)(A>] Sec. 109(a)
ARSENIC DEADLINES: EPA must propose an arsenic
national primary drinking water regulation by
January 1, 2000 and issue a final regulation by
January 1, 2001. [1412(b)(12)(A)] Sec. 109(a)
SULFATE STUDY AND REGULATION: Prior to regulat-
ing sulfate, EPA and CDC must conduct a
study of the dose response relationship for
adverse human health effects from sulfate in
drinking water, including effects on
populations at greater risk. The study shall be
completed not later than 30 months after the
date of enactment. Sulfate must be among
the 5 contaminants considered for regulation
in the first 5 year cycle. If sulfate is regulated,
"notification" and "alternative" water must be
included as means of compliance.
Sec. 109(a)
RADON STUDY BY NAS: EPA will arrange for the NAS
to prepare a risk assessment for radon and an
assessment of risk reduction benefits from
various mitigation measures. [1412(b)(13)l
Sec. 109(b)
RADON STANDARD: Within 30 months of enactment, -
EPA will publish a health risk reduction and
cost analysis associated with possible maxi-
mum contaminant levels. Within 3 years after
enactment, EPA is to propose a maximum
contaminant level goal and drinking water
regulation for radon. The final rule must be
promulgated 1 year thereafter. [1412(b)(13)I
Sec. 109(b)
ALTERNATIVE RADON STANDARD: EPA is required to
also establish an "alternative MCL" for radon
if the MCL is set a level that is "more stringent
than necessary to reduce the contribution to
radon in indoor air from drinking water to a
concentration that is equivalent to the national
average concentration of radon in outdoor
air." The level of the alternative MCL is linked
to average outdoor radon levels. If an
alternative MCL is established, then EPA must
publish guidelines for States to develop
multimedia radon programs. [1412(b)(13)]
Sec. 109(b)
STATE MULTIMEDIA RADON PROGRAMS: Water
systems may comply with the alternative MCL
in a State that submits a multimedia radon
program that is approved by EPA. EPA
approval is required if a State's program is
expected to achieve risk reduction benefits
that are equal or greater than the benefits that
would be achieved by implementing the
(regular) MCL. EPA's approval or disapproval
is required within 180 day of receipt of the
State submittal. The compliance date of the
radon regulation is extended for 18 months in
a State if the Governor of a State submits a
letter to EPA (within 90 days after the regula-
tion is promulgated) committing to develop a
multimedia program. [1412(b)(13)]
Sec. 109(b)
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
-------
EPA general Snide to the Safe Drinking Water Act Amendments of 1996.
August 1996
REVIEW OF MULTIMEDIA RADON PROGRAMS: EPA
is to review State multimedia programs every
5 years, and may withdraw approval of pro-
grams that do not meet the approval require-
ments (achieving equal or greater risk reduc-
tion). Individual public water systems may
also submit mitigation programs where a
• • •- -State fails to submit a program or where the
State program is disapproved. [1412(b)(13)]
Sec. 109(b)
SCHEDULE FOR MICROBIAL/ DISINFECTION
BYPRODUCTS: EPA will promulgate an Interim En-
hanced Surface Water Treatment rule, a Final
Enhanced Surface Water Treatment Rule, a
Stage I Disinfectants and Disinfection Bypro-
ducts Rule, and a Stage H Disinfection Bypro-
ducts Rule in accordance with a February 10,
1994 Federal Register notice. If schedule
delays occur, all subsequent rules must be
completed no later than a revised date
reflecting the intervals for the rule.
[1412(b)(8)] Sec. 102
DBF STANDARD-SErnNGAND RISK-RISK: EPA may
use "risk-risk" considerations in setting DBP
Stage I and H standards. The considerations
used in proposing the DBP rule in 1994
(developed through a regulatory negotiation)
"shall be treated as consistent" with the risk-
risk authority for the purpose of finalizing the
DBP regulations. [Free standing provision -
does not amend SDWAJ Sec. 104(b)
DBP STANDARD-SETTING: EPA may not use the
standard setting flexibility (1412(b)(6)(A)0 to
establish an MCL in Stage I and Stage n of
the DBP rule, or for Crypfosporidium. EPA
may use such authority to establish ground
water disinfection regulations. [1412(b)(6XQ]
Sec. 104(a)(b)
DRINKING WATER STUDIES
AND RESEARCH
BIOLOGICAL MECHANISMS: EPA must conduct
studies to understand the mechanisms by
which chemicals cause adverse effects and
on new approaches for studying the adverse
effects of contaminant mixtures in drinking
water. [1458(b)] Sec. 137
MICROBIAL/DBP STUDIES: Within 180 days of
enactment EPA, after consultation with HHS
and USDA, must conduct studies to support
the development of the DBP/microbial
pathogen rules. The authorization to conduct
the Studies is $12.5 million annually for 1997-
2003. The studies must include: toxicological
and, if warranted, epidemiological studies to
determine the adverse effects from
disinfectants and disinfectant by-products;
and the development of dose-response curves
for Cryptosporidium and Norwalk virus.
[1458(c)] Sec. 137
WATERBORNE DISEASE STUDIES AND
INFORMATION: Within 2 years of enactment, EPA and
CDC must conduct pilot waterbome disease
occurrence studies for at least 5 major U.S.
communities or public water systems and
within 5 years of enactment must prepare a
report on the findings and provide a national
estimate of waterbome disease occurrence.
EPA and CDC must establish a national
training and public education campaign to
educate professional health care providers
and the general public about waterbome
disease and'the symptoms that may be
caused by infectious agents, including
microbial contaminants. The authorization for
these activities is $3 million/year for 1997
through 2001 [1458(d)] Sec. 137
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
10
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
SENSITIVE SUBPOPULATIONS: Within 4 years of
enactment, and periodically as new data be-
comes available, EPA must conduct studies to
identify subpopulations at greater risk (e.g.,
infants, children, pregnant women) than the
general public of adverse health, effects from
exposure to contaminants in drinking water,
and report to Congress on the results of
studies. [1458(a)J Sec. 137
SCREENING FOR ESTROGENIC SUBSTANCES: EPA
may conduct testing under Section 408(p) of
the Food, Drug and Cosmetic Act screening
program for substances that may be found in
sources of drinking water in which a
substantial population may be exposed.
[1457] Sec. 136
RESEARCH FUNDS: Funds "as may be necessary"
are authorized for research, not to exceed
$26.593 million, for drinking water research for
fiscal years 1997-2003. Title Il-Sec. 201
STRATEGIC PLAN: EPA must develop a strategic plan
for drinking water research and transmit this
plan to Congress and the public for review (no
deadlines included for completing the plan).
Title H-Sec. 202]
KERR LAB: EPA is allowed to re-establish a
partnership between the Kerr Environmental
Research Lab and the National Center for
Ground Water Research to conduct research,
training, and technology transfer for ground
water quality (no funds are authorized for this
activity). Title E-Sec. 203
SMALL SYSTEMS TECHNOLOGY,
VARIANCES, AND EXEMPTIONS
AFFORDABLE TECHNOLOGIES: When promulgating
new national primary drinking water regula-
tions, EPA is to identify technologies that are
affordable and which achieve compliance for
categories of systems serving fewer than
10,000. Technologies may include packaged
or modular systems and point-of-use (POU)/
point-of-entry (POE) units under the control of
the water 'system (no POU for microbial
contaminants). [1412(b)(4)(E)] Sec. 105
SURFACE WATER TREATMENT RULE (SWTR): EPA
must within 1 year list small system technolo-
gies that meet the SWTR. Within 2 years, EPA
(in consultation with the States) must list tech-
nologies that achieve compliance with all
existing regulations. [1412(b)(4)(E)J Sec. 105
VARIANCE TECHNOLOGY: Whenever an affordable
technology cannot be identified that meets an
MCL, EPA is required to identify "variance
technologies" that are affordable, but do not
necessarily meet the MCL. Such technologies
shall "achieve the maximum reduction or
inactivation efficiency that is affordable
considering the size of the system and the
quality of the source water." EPA is to issue
guidance on variance technologies for
existing regulations within 2 years.
Sec.lll(a)
SMALL SYSTEM VARIANCES: States are authorized
to grant variances from standards for systems
serving up to 3,300 people if the system cannot
afford to comply (through treatment, an
alternative source of supply, or restructuring)
and the system installs the variance
technology. The terms of the variance must
ensure adequate protection of human health.
States can grant variances to systems serving
3,300-10,000 people with EPA approval.
[1415(e)]Sec. 116
Key: The first Ibracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 -- the bill passed by Congress August 2, 1996
11
-------
EPA Ssneral Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
REGULATIONS FOR VARIANCES: Within 2 years, EPA,
in consultation with the States, must promul-
gate regulations for variances. Regulations
must specify procedures to be used to grant or
deny variances, requirements for the installa-
tion and proper operation of variance tech-
nologies, eligibility criteria for a variance, and
information requirements for variance
applications. [1415(e)(7)] Sec. 116(a)
BLOCK ON CERTAIN VARIANCES: Variances are not
available for microbial contaminants or for
contaminants regulated prior to 1986.
[1415(e)(6)] Sec. 116
VARIANCE TIME FRAMES: A variance must require
compliance with its conditions within 3 years
of the date it is issued. States may allow an
additional 2 years when needed. [1415(e)(4>]
States must review variances every 5 years
following the compliance date established in
thevariance.[1415(e)(5)] Sec. 116
AFFORDABimY CRITERIA: Within 18 months of
enactment, EPA, in consultation with the-
States and the Rural Utilities Service of the
Department of Agriculture, must publish
information to assist States in developing
affordability criteria to use in making variance
determinations. [1415(e)(7)(B)] Sec. 116
CHANGE TO EXISTING VARIANCE PROCESS: The
process for variances (retained from the old
law) is streamlined by allowing a system to
receive a variance "on the condition" that the
system install the BAT, rather than after the
installation of the technology, as previously
required under SDWA. (NOTE: This change
applies to ALL system sizes, not just small
systems.) [1415(a)(l)(A)J Sec. 115
REVIEW OF VARIANCES: EPA must review/approve
variances for systems serving 3,300-10,000
people. EPA may review and object to any
proposed variance. Consumers of water
systems for which a State proposes a variance
may petition EPA to object to a variance.
States must respond to EPA objections before
granting a variance. [1415(e)(10)] Sec. 116
TECHNOLOGY-INFORMATIONrfPATnay request
information from manufacturers, States, and
other interested persons on the effectiveness
of commercially available treatment systems
and technologies for the purpose of
developing guidance or regulations related to
small system technologies and variances.
[1445(h)] Sec.
EXEMPTIONS: In granting exemptions, a State may
consider whether a community may be
defined as "disadvantaged" for the purpose of
receiving DWSRF funds, or whether DWSRF
funds are reasonably likely to be received.
States must determine whether management
or restructuring changes (or both) would
improve water quality or achieve compliance
before granting an exemption. Schedules for
compliance must include "increments of
progress" (retained from old law) or
"measures to develop an alternative source of
water supply" (new law). A system is not
eligible for an exemption if the system
receives a small system variance. The period
of an exemption is lengthened from 1 year (old
law) to 3 years. Eligibility for renewable
exemptions is expanded from systems
serving fewer than 500 service connections
(approximately 1500 persons) under the old
law, to systems serving fewer than 3,300
persons. Renewals are limited to a total of 6
years. [1416] Sec. 117
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
12
-------
EPA General Guide to the Safe Drinkhiff Water Act Amendments of 1996.
August 1996
MONITORING
INFORMATION COLLECTION: Previous low is
modified to clarify that EPA may collect inform-
ation from "every person who is subject to any
requirement of this title or who is a grantee."
By regulation, EPA may require information to
assist in developing standards; determining
compliance, and evaluating health risk or
advising the public of risks. EPA may require
information without rulemaking to determine,
on a case-by-case basis, whether a person
has or is acting in compliance. EPA may also
require information without rulemaking to
assist in developing standards, but EPA may
not require the installation of treatment, testing
of technologies, or analysis of monitoring
samples unless EPA provides funding.
[1445{a)] Sec. 125(a)
REVIEW OF MONITORING REQUIREMENTS: Within
two years after enactment, EPA is required to
review the monitoring requirements for at least
12 contaminants and promulgate any neces-
sary modifications. [1445(a)] Sec. 125(a)
INTERIM MONITORING RELIEF: A State may modify
'the monitoring requirements for public water
systems serving 10,000 or fewer persons for
any regulated or unregulated contaminant
(except for microbial contaminants,
disinfection byproducts, or corrosion
byproducts) so that no further quarterly moni-
toring be required if initial monitoring fails to
detect the presence of the contaminant, and
the State determines that the contaminant is
unlikely to be detected by further monitoring.
This monitoring relief will end when perm-
anent monitoring relief is adopted or 36
months after enactment. [1418] Sec. 125(b)
PERMANENT ALTERNATIVE MONITORING: A State
exercising primary enforcement authority for
public water systems may adopt permanent
alternative monitoring requirements in
accordance with EPA guidelines, if the State
has an approved source water assessment
program. The States alternative monitoring
program must be adequate to assure
compliance with, and enforcement of,
applicable drinking water regulations. The
alternative requirements may not apply to
regulated microbial contaminants or
indicators thereof (e.g., Gi'ardia, coliform),
disinfectants or disinfection by-products, or
corrosion by-products. [1418] Sec. 125(b)
EPA GUIDANCE: EPA must issue guidelines for alter-
native monitoring requirements at the same
time as guidelines for source water assess-
ments (under section 1453). EPA may also
approve alternative monitoring requirements
for systems in a State that does not have
primacy. [1418] Sec. 125(b)
UNREGULATED CONTAMINANT MONITORING: EPA
must issue regulations establishing criteria for
the monitoring of unregulated contaminants.
Monitoring-shall vary based on system size,
source water, and contaminants likely to be
found. Only a representative sample of
systems serving 10,000 persons or fewer must
monitor. EPA.shall list for unregulated
contaminant monitoring no more than 30
contaminants within 3 years after enactment,
and every 5 years thereafter. Results of the
monitoring are to be included in the national
contaminant occurrence data base. [1445(a)]
Sec. 125(c) .
SMALL AND MEDIUM- SYSTEM MONITORING PLAN:
Each State may develop an unregulated
contaminant monitoring plan for small and
medium systems (serving fewer than 10,000).
EPA is required to cover the reasonable costs
of testing and laboratory analysis for such
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
13
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
plans, using funds authorized for unregulated
contaminant monitoring (see below), or a $2
million DWSRF reservation. EPA shall waive
the requirement for monitoring of unregulated
contaminants in a State if the State demon-
strates that the criteria for monitoring are not
applicable in the State. [1445(a)] Sec. 125(c)
RESULTS REPORTING: Water systems must provide
the results of unregulated contaminant moni-
toring to the primacy agency (State/EPA) and
must notify persons served by the system of
the availability of results. [1445(a)]Sec. 125(c)
AUTHORIZATION: Congress authorizes $10,000,000
per year for FYs 1997-2003 to carry out
provisions for unregulated contaminant
monitoring. [1445(a)] Sec. 125(c)
ANALYTICAL METHODS: EPA is required to review
new methods for screening regulated
contaminants, and may approve them, if they
are more accurate or more cost-effective than
established methods approved for use in
compliance monitoring. [1445(i)3 Sec. 125(d)
ENFORCEMENT
ADMINISTRATIVE ORDERS: The process for issuing
administrative compliance orders is stream-
lined by deleting the requirement for EPA to
issue a proposed order. [1414] Sec. 113(a)
PENALTY CAP: The maximum administrative penalty
for violating an administrative order is raised
from $5,000 to $25,000. [1414] Sec. 113(a)
PENALTY" PROCESS: The process for assessing an
administrative penalty of $5,000 or less is
streamlined by deleting the requirement for a
hearing in accordance with the Administrative
Procedures Act for these penalties. Requires
a hearing in accordance with APA procedures
if the penalty sought is between $5,000 and
$25,000. [1414] Sec. 113(a)
CONSOLIDATION INCENTIVE: A public water supply
may submit a plan (with specific measures
and schedules) for approval by EPA or a
primary enforcement State for consolidation
(physical or managerial) or transfer of owner-
ship. If the plan is approved, no enforcement
action shall be taken with respect to the
specific violation identified in the approved
plan prior to 2 years after plan approval or the
date on which consolidation is completed,
whichever is first. [1414(h)]. Sec. 113(a)
ENFORCEABLE REQUIREMENTS: Defines provisions
that are enforceable ("applicable require-
ments of this title"). Applicable requirements
are defined as requirements of 1412, 1414,
1415, 1416, 1417, 1441, or 1445; regulations
promulgated pursuant to those sections;
schedules or requirements imposed pursuant
to those sections; and requirements of, or
permits issued under a State program which
satisfies the requirements of section 1413 or is
otherwise approved by EPA. [1414] Sec. 113(a)
NOTIFICATION OF LOCAL OFFICIALS: In nonprimacy
states, EPA is required to notify an appropriate
locally elected public official before
proceeding with an enforcement action.
[1414] Sec. 113(a)
EMERGENCY AUTHORITY PENALTY: The penalty for
violating an order issued under Section 1431
(Emergency Powers) is increased from $5,000
per day to $15,000 per day. [1414] Sec. 113(d)
Key:
The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
14
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
1996
IV. FUNDING FOR STATES
AND WATER SYSTEMS
PRINKING WATER STATE
REVOLVING FUND
ESTABLISHMENT: EPA is required to enter into agree-
ments -with eligible States to make capitali-
zation grants to further the health protection
objectives of the Safe Drinking Water Act
(SDWA). A total of $9.6 billion - $599 million in
FY94 and $1.0 billion annually - is authorized
in FY's 95-2003. To be eligible to receive a
grant, a State must establish a drinking water
treatment revolving loan fund and comply with
other requirements of this section.
[1452(a),(m)] Sec. 130
ALLOTMENT AND ELIGIBILnY: Through fiscal year
1997, funds will be allotted by the formula used
to distribute federal grants to States for drink-
ing water program implementation ("public
water supply supervision program"). A mini-
mum grant amount of 1% will be available for
all States, including Wyoming and DC. Up to
0.33% is available for allotment to other
specified areas (Virgin Islands, Guam, et. al.).
Funds for FY98 and beyond will be allotted
based on the results of the most recent
Drinking Water State Revolving Fund (DWSRF)
needs survey. Eligible systems are community
water systems and non-profit non-community
water systems. No loans can be made to
Federal systems. [1452(a),(i)] Sec. 130
LINK TO PRIMACY: States that lose primacy in the
future, except for Wyoming, will not be eligible
for DWSRF grants. [1452(a)(l)(F)] Sec. 130
LINK TO CAPACITY DEVELOPMENT: EPA is required
to withhold DWSRF funds from States that do
not set up capacity development programs
(20% of DWSRF grant starting in FY99 for new
system authority; and 10% in 2001,15% in 2002,
and 20% in 2003 for capacity development
strategies). Withholding for all capacity
development purposes is capped at 20% total.
[1452(a)(l)(G)] Sec. 130
LINK TO OPERATOR CERTIFICATION: EPA is required
to withhold 20% of DWSRF funds if a State
does not meet the requirement for operator
certification programs. [1452(a)(l)(G)]
Sec. 130
USE OF FUNDS: DWSRF funds can be used for loans,
loan guarantees, source of reserve and
security for leveraged loans (proceeds of
which are placed in the DWSRF), and other
uses as allowed in the Act. Funds may be
used by a public water system only to
"facilitate compliance with national primary
drinking water regulations" and "significantly
further the health protection objectives of this
title." Small systems (fewer than 10,000
persons) are to receive 15% of annual
assistance from a State's DWSRF, to the
extent such funds can be obligated for eligible
projects. Disadvantaged systems may receive
loan subsidies (including forgiveness of.
principal) up to 30% of a State's DWSRF
annual assistance. [1452(a)(2)] Sec. 130
INTENDED USE PLANS: States must annually pre-
pare, after providing for public review and
comment, an Intended Use Plan that identifies
how the DWSRF funds will be used. States
must give highest priority to projects that
address the most serious risks to public
health, are necessary to achieve compliance,
and assist systems most in need on a per
household basis. Types of assistance which
may be made using State loan funds are
specifically defined. [1452(b), 1452(0]
Sec. 130
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
15
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
STATE MATCH: States must contribute an amount
equal to 20% of the total federal contribution.
State funds must be received on or before the
date federal funds are received, except that
States may delay the deposit of funds until no
later than September 30, 1999 for grant
payments made for fiscal years 1994-1997.
[1452(e>] Sec. 130
SET-ASIDES: (Prior to allotment to States) $10,000,000
per year is reserved for health effects research
and, starting in FY 1998, $2,000,000 per year
for unregulated contaminant monitoring. An
amount up to 2% of the funds appropriated
may be reserved by EPA for technical assis-
tance, and may be used to supplement fund-
ing for technical assistance under Section
1442(e). EPA may use up to 1.5% of funds for
grants }o Indian Tribes and Alaska Native
Villages for public water systems. Funds must
also be reserved for operator training cost
reimbursement if there is no separate
appropriation. [1452(i),(n),(o),(q); 1419(d)(4)]
Sec 130, Sec 123
OTHER USES OF FUNDS: (After allotment to States)
Up to 4% of State allotment may be used by
the State for administration of the fund. An
additional 2% may be used for small system
technical assistance. Up to ten percent may
be used for a combination of the following:
PWSS activities. State capacity development
strategies, operator certification programs,
and source water protection programs.
[1452(g)] Sec. 130
Up to 15% may be used for a combination of
the following: loans for the acquisition of land
or conservation easements, loans to imple-
ment voluntary source water protection
measures; technical and financial assistance
to water systems as part of a State capacity
development strategy; delineations/assess-
ments of source water protection areas; and
establishment and implementation of well-
head protection programs. No single item can
receive greater than 10%. [1452(a)] Sec. 130
COMBINED FINANCIAL ADMINISTRATION: Financial
administration can be combined with other
funds, such as the Clean-Water-Act DWSRF,
as long as separate accounts are maintained.
The authority to establish assistance priorities
and oversight responsibilities will be carried
out by the primacy agency. [1452(g>] Sec. 130
TRANSFER OF FUNDS: Anytime after one year after a
State establishes a DWSRF, but prior to fiscal
year 2002, the Governor of a State may
transfer 33% of the funds in the Drinking Water
DWSRF to the Clean Water Act DWSRF. The
same dollar amount may be transferred from
the Qean Water Act DWSRF to the Drinking
Water DWSRF. Within 4 years, EPA must
submit a report to Congress regarding
implementation of the transfer provisions.
[Free standing provision - Title HI, Sec. 302]
REGULATIONS AND GUIDANCE: EPA is required to
publish DWSRF regulations and guidance as
necessary. The regulations and guidance will
address how States commit and expend
allotted funds, use funds efficiently, prevent
waste, fraud and abuse, and avoid the use of
funds for expansion of public water systems.
Guidance and regulations must also ensure
that States and public water systems use
accounting, audit, and fiscal procedures that
conform to generally accepted accounting
standards. [1452(g)(3)l Sec. 130
AUDITS: States are required to publish and submit to
EPA a report every 2 years that describes
program activities and expenditures and
includes the most recent audit of the State's
program. [1452(g)(4)] Sec. 130
Key:
The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
16
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
NEEDS SURVEY: EPA is required to perform on
assessment of the capital improvement needs
of all eligible public water systems, including
Native American systems, and submit a report
within 180 days of passage of the Act. Addi-
tional surveys will be conducted every 4 years
thereafter. [1452{h)] Sec. 130
WATER CONSERVATION: Within two years of enact-
ment of the 1996 amendments to the SDWA,
EPA must publish guidelines for water
conservation plans. Within a year of pub-
lication of the guidelines, a State may, as a:
condition of receiving a DWSRF loan, require
a water system to submit a water conservation
plan. [1455(a),(b)] Sec. 134
V. OTHER PROVISIONS
PUBLIC WATER SUPPLY SUPERVISION
TIME FRAME FOR STATE PRIMACY: In order to
maintain primary enforcement responsibility
for regulations promulgated under the SDWA,
States must adopt regulations that are no less
stringent than federal regulations within 2
years of the date of promulgation of the fed-
eral regulations. EPA may grant an extension
of 2 additional years if EPA determines that the
extension is necessary and justified.
[1413(a)(l)]Sec.
ADMINISTRATIVE PENALTY REQUIREMENT FOR
PRIMACY: As a condition of primacy, States must
have the authority for administrative penalties.
Specifically, for systems serving more than
10,000 persons. States must be able to assess
not less than $ 1,000 per day per violation. For
smaller systems. States must have authority
which is adequate to ensure compliance. The
State may establish a maximum amount of
administrative penalties which may be
imposed on c: public water system. [1413(a)j
Sec. 11303)
INTERIM PRIMACY: States with up-to-date primacy
programs are considered to have interim
primacy for new regulations promulgated by
EPA beginning on the effective date of the
State regulations adopted and submitted by
the State, and ending at such time as EPA
disapproves a State program. [Section
1413(c)] Sec. 112(a)
PUBLIC WATER SYSTEM SUPERVISION GRANT: The
authorization for carrying out State Public
Water System Supervision Programs (PWSS)
is increased to $100 million for each of fiscal
years 1997-2003. [1443(a)] Sec. 124
EPA PRIMACY: EPA is given authority to use funds
from a State's portion of the Public Water
System Supervision Program grant to imple-
ment the program where the State does not
have primary enforcement responsibility
(primacy). EPA may cover a shortfall in funds
by using a portion of a State's DWSRF
allocation to carry out primary enforcement
authority. If such funds are used, EPA must
carry out all activities required of a State.
[1443(0)1 Sec. 124, [1452(a)(l)(F)j Sec. 130
FEDERAL AGENCIES
SOVEREIGN IMMUNITY: Contains a clear waiver of
sovereign immunity for federal agencies with
respect to all federal, State and local require-
ments. Provides EPA with authority to issue
an administrative penalty order if EPA finds
that a federal agency has violated an appli-
cable requirement of this title. The penalty
may not exceed $25,000 per day per violation.
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
17
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
Augnst 1996
Funds collected by a State from the federal
government in fines or penalties must be used
by the State for projects designed to improve
or protect the environment or defray the costs
of environmental protection or enforcement.
[1447] Sec. 129(a)
REVIEW ©F-ORDERSr Any interested party may obtain
review in US District Court of an administrative
penalty order issued by EPA to a federal
agency. [1447] Sec. 129(a)
CITIZEN ACTION: A citizen may bring an action for
the collection of a penalty against a federal
agency that fails to pay a penalty by the date
which is 18 months after the effective date of
the final order. The citizen is required to notify
the Attorney General and the affected federal
agency 60 days before the suit is filed. [1447]
Sec. 129(b)
MISCELLANEOUS
LEAD LEACHING STANDARD: If a voluntary standard
for the leaching of lead from new plumbing
fittings and fixtures is not established within
one year of the effective date of the Act, then
EPA must promulgate regulations setting a
performance based standard for lead
leaching levels from such components. (Note:
A voluntary standard is now in place.) [1417]
Sec. 118
LEAD PROHIBITION: Two years after enactment, it
becomes illegal for any pipe or plumbing
fixture that is not lead-free to be introduced
into commerce. The exception is pipes used
in manufacturing or industrial processing. It
will also be illegal, two years after enactment,
to sell solder or flux that is not lead-free.
Solder that is not lead-free may be sold if it
bears a prominent label stating that it is illegal
to use it in the installation or repair of
plumbing providing water for human
consumption. [1417] Sec. 118
LIMITED ALTERNATIVE TO FILTRATION: States may
allow unfiltered water systems with surface
water sources to use treatment other than
filtration. In order to qualify for alternative
treatment, a water system must have an
uninhabited, undeveloped watershed in
consolidated ownership and have control over
access to and activities in the watershed. The
alternative treatment must ensure greater
removal or inactivation efficiencies of
pathogenic organisms than would be
achieved by the combination of filtration and
chlorine disinfection required by section 1412
(b)(7)(C). [1412(b)(7)(Q] Sec. 106
GRANTS FOR ALASKA NATIVE VILLAGES: The
Administrator'is authorized to make grants to
the State of Alaska to pay 50 percent of the
cost of improving sanitation for rural and
Alaska Native villages. Grants will be for
development and construction of public water
and wastewater systems and also for training,
technical assistance, and educational pro-
grams. The State may use up to 4 percent of
the amount of the grant for related administra-
tive expenses. EPA is required to consult with
' the State of Alaska to prioritize the needs of
individual villages. Authorization for this
provision is at $15,000,000 for each FY'97-2000.
Title EH-Sec.' 303
RELATIONSHIP OF GRANTS TO DWSRF FUND: A
"Sense of the Congress" states that
appropriations for grants should not be
provided for watershed protection in New York
City's watersheds, sanitation improvements at
colonias, or sanitation improvements for
Alaska Native Villages if such appropriations
would prevent adequate funding for state
revolving loan funds. Title El-Sec 304
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 - the bill passed by Congress August 2, 1996
18
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
WASHINGTON AQUEDUCT: Congress grants consent
for the District of Columbia Arlington County,
VA and the city of Falls Church to establish an
entity to operate, maintain and manage the
Washington Aqueduct. The Secretary of the
Army is required to develop a plan, within 1
year, for the transfer of the Washington
Aqueduct to a non-Federal entity. The Corps
of Engineers is authorized to borrow up to $29
million in 1997, $24 million for 1998, and $22
million for 1999 to carry out capital improve-
ments until the time of transfer. (Title IH-Sec.
304.) The Secretary of the Army may. not pass
on the. costs of an enforcement penalty to the
customers of the Washington Aqueduct
system. [1447] Sec.l29(c)
DRINKING WATER FUNDS FOR COLONIAS: EPA and
other appropriate Federal agencies are
authorized to award grants to Arizona,
California, New Mexico, and Texas, to provide
assistance (up to 50% of project costs) to
colonias where the residents are subject to a
significant health risk attributable to the lack
of access to an adequate and affordable
drinking water system. Appropriations of
$25,000,000 for each of the fiscal years 1997
through 1999 is authorized. [1456] Sec. 135
WASTEWATER FUNDS FOR COLONIAS: The Admini-
strator is authorized to make grants for plan-
ning, design, construction, or improvement of
sewers, treatment works, and appropriate
connections for wastewater treatment for
colonias. Grants cannot exceed 50 percent of
the cost of carrying out any project. $25 mil-
lion is authorized for this provision in fiscal
years 1997 through 1999. Title IE-Sec. 307
ZEBRA MUSSEL CONTROL: The Nonindigenous
Aquatic Nuisance Prevention and Control Act
of 1990 is amended to include Lake
Champlain at 16 U.S.C. 4701(a). Provision
references zebra mussel control in Lake
Champlain. Title Ill-Sec. 308
DEFENITIONAL CHANGE FOR ANALYTIC METHODS:
Modifies the pre-existing requirement that
national primary drinking water regulations
(NPDWR) contain quality control and testing
procedures for compliance purposes to now
require "accepted methods for" quality control
and testing procedures. After the promulga-
tion of a NPDWR, EPA is allowed to "add
equally effective" quality control and testing
procedures through guidance published in the
Federal Register. [1401] Sec. 101 (a)
DEFINITION OF COMMUNnY/NONCOMMUNTTY
SYSTEM: "Community water system" is defined as a
public water system that has at least 15
service connections or serves 25 persons year-
round. "Noncommunity water system" is
defined as a public water system that is not a
community water system: [1401] Sec. 101(a)
OPEN CONVEYANCES: The general definition of
"public water system" (PWS) is broadened
from water systems that deliver water through
pipes to include systems that use "construct-
ed conveyances." However, certain
connections that might otherwise qualify a
system as a public water system under the
broadened definition are excluded from
consideration where: the water is not used for
"residential uses"; alternative water is
provided for drinking and cooking; or water for
drinking, cooking, and bathing is treated
(centrally or by point of entry). Alternative or
treated water must provide a level of health
protection equivalent to the applicable
standard(s).' A transition period of 2 years is
provided for compliance. [1401] Sec. 101(b)
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
19
-------
EPA General Guide to the Safe Drinking Water Act Amendments of 1996.
August 1996
RETURN FLOWS: Repeals Section 3013 of PL 102-486
(Energy Act). Deletes Energy Act provision
which encourages the use of heat exchange
units. Title HI
ADDITIONAL ASSISTANCE
FOR WATER INFRASTRUCTURE
AND WATERSHEDS
(Title iV-does not amend the SDWA)
GRANT AUTHORITY: EPA may provide technical and
financial assistance in the form 9f grants to
States for water supply improvements and for
source water quality programs consistent with
Section 319 of the Clean Water Act (to address
contaminants for the purpose of making
supplies usable for water systems). Not more
than 30% of funds appropriated may be used
for Section 319 activities. Title IV
USE OF GRANTS: As a condition for receiving a grant,
a State must ensure that assistance will be
used in the most cost-effective manner. The
Federal share of activities funded with grants
shall be 50 percent. Title IV
FUNDING LEVELS: Annual funding of $25 million is
authorized for grants for fiscal years 1997-
2003. An additional $25 million is authorized
for each fiscal year 1997-2003 if the
appropriations for the Drinking Water DWSRF
exceed 75% of the authorized level. Title IV
Key: The first [bracketed] number refers to the SDWA as amended.
The second number refers to S. 1316 — the bill passed by Congress August 2, 1996
20
-------
-------
------- |