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

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         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

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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

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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

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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

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 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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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