THE SAFE DRINKING WATER ACT

GOVERNMENT PRINTING OFFICE

WASHINGTON

67–528

COMMITTEE PRINT

106

ONGRESS

2nd Session

S. P

2000

106–59

THE SAFE DRINKING WATER ACT

AS AMENDED BY

THE SAFE DRINKING WATER ACT OF 1996

PUBLIC LAW 104–182, AUGUST 6, 1996

Printed for the use of the Committee on Environment and Public Works

For sale by the U.S. Government Printing Office

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

ONE HUNDRED SIXTH CONGRESS

BOB SMITH, New Hampshire, Chairman

JOHN W. WARNER, Virginia

JAMES M. INHOFE, Oklahoma

CRAIG THOMAS, Wyoming

CHRISTOPHER S. BOND, Missouri

GEORGE V. VOINOVICH, Ohio

MICHAEL D. CRAPO, Idaho

ROBERT F. BENNETT, Utah

KAY BAILEY HUTCHISON, Texas

LINCOLN CHAFEE, Rhode Island

MAX BAUCUS, Montana

DANIEL PATRICK MOYNIHAN, New York

FRANK R. LAUTENBERG, New Jersey

HARRY REID, Nevada

BOB GRAHAM, Florida

JOSEPH I. LIEBERMAN, Connecticut

BARBARA BOXER, California

RON WYDEN, Oregon

AVE

ONOVER

, Staff Director

LITER

, Minority Staff Director

(

)

(III)

This table of contents is not part of title XIV of the Public Health Service Act but is set

forth for the convenience of the users of this publication.

TABLE OF CONTENTS FOR TITLE XIV OF THE PUBLIC

HEALTH SERVICE ACT (‘‘SAFE DRINKING WATER ACT’’)

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS

Sec. 1400. Short title .............................................................................................. 1

ART

A—D

EFINITIONS

Sec. 1401. Definitions ............................................................................................ 1

ART

B—P

UBLIC

ATER

YSTEMS

Sec. 1411. Coverage ............................................................................................... 4

Sec. 1412. National drinking water regulations .................................................. 4

Sec. 1413. State primary enforcement responsibility .......................................... 24

Sec. 1414. Enforcement of drinking water regulations ....................................... 25

Sec. 1415. Variances .............................................................................................. 36

Sec. 1416. Exemptions ........................................................................................... 42

Sec. 1417. Prohibition on use of lead pipes, solder, and flux ............................. 46

Sec. 1418. Monitoring of contaminants ................................................................ 48

Sec. 1419. Operator certification ........................................................................... 51

Sec. 1420. Capacity development .......................................................................... 52

ART

C—P

ROTECTION OF

NDERGROUND

OURCES OF

RINKING

ATER

Sec. 1421. Regulations for State programs .......................................................... 56

Sec. 1422. State primary enforcement responsibility .......................................... 58

Sec. 1423. Enforcement of program ...................................................................... 60

Sec. 1424. Interim regulation of underground injections .................................... 63

Sec. 1425. Optional demonstration by States relating to oil or natural gas ..... 64

Sec. 1426. Regulation of State programs ............................................................. 65

Sec. 1427. Sole source aquifer demonstration program ...................................... 65

Sec. 1428. State programs to establish wellhead protection areas .................... 69

Sec. 1429. State ground water protection grants ................................................. 72

ART

D—E

MERGENCY

OWERS

Sec. 1431. Emergency powers ............................................................................... 73

Sec. 1432. Tampering with public water systems ............................................... 74

ART

E—G

ENERAL

ROVISIONS

Sec. 1441. Assurance of availability of adequate supplies of chemicals nec-

essary for treatment of water .............................................................................. 75

Sec. 1442. Research, technical assistance, information, training of personnel . 77

Sec. 1443. Grants for State programs .................................................................. 81

Sec. 1444. Special study and demonstration project grants; guaranteed loans 85

Sec. 1445. Records and inspections ...................................................................... 86

Sec. 1446. National Drinking Water Advisory Council ....................................... 92

Sec. 1447. Federal agencies ................................................................................... 93

Sec. 1448. Judicial review ..................................................................................... 96

Sec. 1449. Citizen’s civil action ............................................................................. 97

Sec. 1450. General provisions ............................................................................... 98

Sec. 1451. Indian tribes ......................................................................................... 101

Sec. 1452. State revolving loan funds ................................................................... 102

Page

Sec. 1453. Source water quality assessment ......................................................... 112

Sec. 1454. Source water petition program ............................................................ 113

Sec. 1455. Water conservation plan ...................................................................... 117

Sec. 1456. Assistance to colonias ........................................................................... 118

Sec. 1457. Estrogenic substances screening program ........................................... 118

Sec. 1458. Drinking water studies ........................................................................ 119

ART

F—A

DDITIONAL

EQUIREMENTS

EGULATE THE

AFETY OF

RINKING

ATER

Sec. 1461. Definitions ............................................................................................ 121

Sec. 1462. Recall of drinking water coolers with lead-lined tanks .................... 122

Sec. 1463. Drinking water coolers containing lead ............................................. 122

Sec. 1464. Lead contamination in school drinking water ................................... 123

Sec. 1465. øSchool drinking water¿ Federal assistance for State programs

regarding lead contamination in school drinking water ................................... 124

(1)

This title, the ‘‘Safe Drinking Water Act’’, consists of title XIV of the Public Health Service

Act (42 U.S.C. 300f–300j–9) as added by Public Law 93–523 (Dec. 16, 1974) and the amend-

ments made by subsequent enactments.

THE SAFE DRINKING WATER ACT

AS AMENDED BY

THE SAFE DRINKING WATER ACT OF 1996

NOTE

Amendments made by Public Law 104–182 are shown as follows:

Existing law omitted is enclosed in øblack brackets¿, new matter

is printed in italic, existing law in which no change occurs is shown

in roman:

TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE

SAFE DRINKING WATER ACT)

[As amended by P.L. 104–182, August 6, 1996]

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS

SHORT TITLE

. 1400. This title may be cited as the ‘‘Safe Drinking Water

Act’’.

ART

A—D

EFINITIONS

DEFINITIONS

. 1401. For purposes of this title:

(1) The term ‘‘primary drinking water regulation’’ means a

regulation which—

(A) applies to public water systems;

(B) specifies contaminants which, in the judgment of

the Administrator, may have any adverse effect on the

health of persons;

(i) a maximum contaminant level, if, in the judg-

ment of the Administrator, it is economically and tech-

nologically feasible to ascertain the level of such con-

taminant in water in public water systems, or

(ii) if, in the judgment of the Administrator, it is

not economically or technologically feasible to so ascer-

tain the level of such contaminant, each treatment

technique known to the Administrator which leads to

a reduction in the level of such contaminant sufficient

to satisfy the requirements of section 1412; and

(D) contains criteria and procedures to assure a supply

of drinking water which dependably complies with such

maximum contaminant levels; including accepted methods

for quality control and testing procedures to insure compli-

ance with such levels and to insure proper operation and

maintenance of the system, and requirements as to (i) the

minimum quality of water which may be taken into the

system and (ii) siting for new facilities for public water

systems. At any time after promulgation of a regulation re-

ferred to in this paragraph, the Administrator may add

equally effective quality control and testing procedures by

guidance published in the Federal Register. Such proce-

dures shall be treated as an alternative for public water

systems to the quality control and testing procedures listed

in the regulation.

(2) The term ‘‘secondary drinking water regulation’’ means

a regulation which applies to public water systems and which

specifies the maximum contaminant levels which, in the judg-

ment of the Administrator, are requisite to protect the public

welfare. Such regulations may apply to any contaminant in

drinking water (A) which may adversely affect the odor or ap-

pearance of such water and consequently may cause a substan-

tial number of the persons served by the public water system

providing such water to discontinue its use, or (B) which may

otherwise adversely affect the public welfare. Such regulations

may vary according to geographic and other circumstances.

(3) The term ‘‘maximum contaminant level’’ means the

maximum permissible level of a contaminant in water which is

delivered to any user of a public water system.

ø(4) The¿ (4) P

UBLIC WATER SYSTEM

.—

(A) I

N GENERAL

.—The term ‘‘public water system’’

means a system for the provision to the public of øpiped

water for human consumption¿ water for human consump-

tion through pipes or other constructed conveyances, if such

system has at least fifteen service connections or regularly

serves at least twenty-five individuals. Such term includes

øA¿ (i) any collection, treatment, storage, and distribution

facilities under control of the operator of such system and

used primarily in connection with such system, and øB¿

(ii) any collection or pretreatment storage facilities not

under such control which are used primarily in connection

with such system.

(B) C

ONNECTIONS

.—

(i) I

N GENERAL

.—For purposes of subparagraph

(A), a connection to a system that delivers water by a

constructed conveyance other than a pipe shall not be

considered a connection, if—

(I) the water is used exclusively for purposes

other than residential uses (consisting of drinking,

bathing, and cooking, or other similar uses);

(II) the Administrator or the State (in the case

of a State exercising primary enforcement respon-

sibility for public water systems) determines that

alternative water to achieve the equivalent level of

public health protection provided by the applicable

national primary drinking water regulation is pro-

vided for residential or similar uses for drinking

and cooking; or

(III) the Administrator or the State (in the

case of a State exercising primary enforcement re-

sponsibility for public water systems) determines

that the water provided for residential or similar

uses for drinking, cooking, and bathing is centrally

treated or treated at the point of entry by the pro-

vider, a pass-through entity, or the user to achieve

the equivalent level of protection provided by the

applicable national primary drinking water regu-

lations.

(ii) I

RRIGATION DISTRICTS

.—An irrigation district

in existence prior to May 18, 1994, that provides pri-

marily agricultural service through a piped water sys-

tem with only incidental residential or similar use

shall not be considered to be a public water system if

the system or the residential or similar users of the sys-

tem comply with subclause (II) or (III) of clause (i).

RANSITION PERIOD

.—A water supplier that would

be a public water system only as a result of modifications

made to this paragraph by the Safe Drinking Water Act

Amendments of 1996 shall not be considered a public water

system for purposes of the Act until the date that is two

years after the date of enactment of this subparagraph. If

a water supplier does not serve 15 service connections (as

defined in subparagraphs (A) and (B)) or 25 people at any

time after the conclusion of the 2-year period, the water

supplier shall not be considered a public water system.

(5) The term ‘‘supplier of water’’ means any person who

owns or operates a public water system.

(6) The term ‘‘contaminant’’ means any physical, chemical,

biological, or radiological substance or matter in water.

(7) The term ‘‘Administrator’’ means the Administrator of

the Environmental Protection Agency.

(8) The term ‘‘Agency’’ means the Environmental Protec-

tion Agency.

(9) The term ‘‘Council’’ means the National Drinking

Water Advisory Council established under section 1446.

(10) The term ‘‘municipality’’ means a city, town, or other

public body created by or pursuant to State law, or an Indian

tribe.

(11) The term ‘‘Federal agency’’ means any department,

agency, or instrumentality of the United States.

(12) The term ‘‘person’’ means an individual, corporation,

company, association, partnership, State, municipality, or Fed-

eral agency (and includes officers, employees, and agents of

any corporation, company, association, State, municipality, or

Federal agency).

(13) øThe¿ (A) Except as provided in subparagraph (B), the

term ‘‘State’’ includes, in addition to the several States, only

the District of Columbia, Guam, the Commonwealth of Puerto

Rico, the Northern Mariana Islands, the Virgin Islands, Amer-

ican Samoa, and the Trust Territory of the Pacific Islands.

(B) For purposes of section 1452, the term ‘‘State’’ means

each of the 50 States, the District of Columbia, and the Com-

monwealth of Puerto Rico.

(14) The term ‘‘Indian Tribe’’ means any Indian tribe hav-

ing a Federally recognized governing body carrying out sub-

stantial governmental duties and powers over any area. For

purposes of section 1452, the term includes any Native village

(as defined in section 3(c) of the Alaska Native Claims Settle-

ment Act (43 U.S.C. 1602(c))).

(15) C

OMMUNITY WATER SYSTEM

.—The term ‘‘community

water system’’ means a public water system that—

(A) serves at least 15 service connections used by year-

round residents of the area served by the system; or

(B) regularly serves at least 25 year-round residents.

(16) N

ONCOMMUNITY WATER SYSTEM

.—The term ‘‘non-

community water system’’ means a public water system that is

not a community water system.

[42 U.S.C. 300f]

ART

B—P

UBLIC

ATER

YSTEMS

COVERAGE

. 1411. Subject to sections 1415 and 1416, national primary

drinking water regulations under this part shall apply to each pub-

lic water system in each State; except that such regulations shall

not apply to a public water system—

(1) which consists only of distribution and storage facilities

(and does not have any collection and treatment facilities);

(2) which obtains all of its water from, but is not owned

or operated by, a public water system to which such regula-

tions apply;

(3) which does not sell water to any person; and

(4) which is not a carrier which conveys passengers in

interstate commerce.

[42 U.S.C. 300g]

NATIONAL DRINKING WATER REGULATIONS

. 1412. (a)(1) Effective on the enactment of the Safe Drink-

ing Water Act Amendments of 1986, each national interim or re-

vised primary drinking water regulation promulgated under this

section before such enactment shall be deemed to be a national pri-

mary drinking water regulation under subsection (b). No such regu-

lation shall be required to comply with the standards set forth in

subsection (b)(4) unless such regulation is amended to establish a

different maximum contaminant level after the enactment of such

amendments.

(2) After the enactment of the Safe Drinking Water Act

Amendments of 1986 each recommended maximum contaminant

level published before the enactment of such amendments shall

be treated as a maximum contaminant level goal.

(3) Whenever a national primary drinking water regulation is

proposed under øparagraph (1), (2), or (3) of subsection (b)¿ sub-

section (b) for any contaminant, the maximum contaminant level

goal for such contaminant shall be proposed simultaneously. When-

ever a national primary drinking water regulation is promulgated

under øparagraph (1), (2), or (3) of subsection (b)¿ subsection (b) for

any contaminant, the maximum contaminant level goal for such

contaminant shall be published simultaneously.

(4) Paragraph (3) shall not apply to any recommended maxi-

mum contaminant level published before the enactment of the Safe

Drinking Water Act Amendments of 1986.

ø(b)(1) In the case of those contaminants listed in the Advance

Notice of Proposed Rulemaking published in volume 47, Federal

45502, the Administrator shall publish maximum contaminant

level goals and promulgate national primary drinking water

regulations—

ø(A) not later than 12 months after the enactment of

the Safe Drinking Water Act Amendments of 1986 for not

less than 9 of those listed contaminants;

ø(B) not later than 24 months after such enactment

for not less than 40 of those listed contaminants; and

ø(C) not later than 36 months after such enactment

for the remainder of such listed contaminants.

ø(2)(A) If the Administrator identifies a drinking water

contaminant the regulation of which, in the judgment of the

Administrator, is more likely to be protective of public health

(taking into account the schedule for regulation under para-

graph (1) than a contaminant referred to in paragraph (1), the

Administrator may publish a maximum contaminant level goal

and promulgate a national primary drinking water regulation

for such identified contaminant in lieu of regulating the con-

taminant referred to in such paragraph. There may be no more

than 7 contaminants in paragraph (1) for which substitutions

may be made. Regulation of a contaminant identified under

this paragraph shall be in accordance with the schedule appli-

cable to the contaminant for which the substitution is made.

ø(B) If the Administrator identifies one or more con-

taminants for substitution under this paragraph, the Ad-

ministrator shall publish in the Federal Register not late

than one year after the enactment of the Safe Drinking

Water Act Amendments of 1986 a list of contaminants pro-

posed for substitution, the contaminants referred to in

paragraph (1) for which substitutions are to be made, and

the basis for the judgment that regulation of such pro-

posed substitute contaminants is more likely to be protec-

tive public health (taking into account the schedule for

regulation under such paragraph). Following a period of 60

days for public comment, the Administrator shall publish

in the Federal Register a final list of contaminants to be

substituted and contaminants referred to in paragraph (1)

for which substitutions are to be made, together with re-

sponses to significant comments.

ø(C) Any contaminant referred to in paragraph (1) for

which a substitution is made, pursuant to subparagraph

(A) of this paragraph, shall be included on the priority list

to be published by the Administrator not later than Janu-

ary 1, 1988, pursuant to paragraph (3)(A).

ø(D) The Administrator’s decision to regulate a con-

taminant identified pursuant to this paragraph in lieu of

a contaminant referred to in paragraph (1) shall not be

subject to judicial review.

ø(3)(A) The Administrator shall publish maximum con-

taminant level goals and promulgate national primary drink-

ing water regulations for each contaminant (other than a con-

taminant referred to in paragraph (1) or (2) for which a na-

tional primary drinking water regulation was promulgated)

which, in the judgment of the Administrator, may have any ad-

verse effect on the health of persons and which is known or an-

ticipated to occur in public water systems. Not later than Jan-

uary 1, 1988, and at 3-year intervals thereafter, the Adminis-

trator shall publish a list of contaminants which are known or

anticipated to occur in public water systems and which may re-

quire regulation under this Act.

ø(B) For the purpose of establishing the list under

subparagraph (A), the Administrator shall form an advi-

sory working group including members from the National

Toxicology Program and the Environmental Protection

Agency’s Offices of Drinking Water, Pesticides, Toxic Sub-

stances, Ground Water, Solid Waste and Emergency Re-

sponse and any others the Administrator deems appro-

priate. The Administrator’s consideration of priorities shall

include, but not be limited to, substances referred to in

section 101(14) of the Comprehensive Environmental Re-

sponse, Compensation, and Liability Act of 1980, and sub-

stances registered as pesticides under the Federal Insecti-

cide, Fungicide, and Rodenticide Act.

ø(C) Not later than 24 months after the listing of con-

taminants under subparagraph (A), the Administrator

shall publish proposed maximum contaminant level goals

and national primary drinking water regulations for not

less than 25 contaminants from the list established under

subparagraph (A).

ø(D) Not later than 36 months after the listing of con-

taminants under subparagraph (A), the Administrator

shall publish a maximum contaminant goal and promul-

gate a national primary drinking water regulation for

those contaminants for which proposed maximum contami-

nant level goals and proposed national primary drinking

water regulations were published under subparagraph

(C).¿

(b) S

TANDARDS

.—

(1) I

DENTIFICATION OF CONTAMINANTS FOR LISTING

.—

(A) G

ENERAL AUTHORITY

.—The Administrator shall, in

accordance with the procedures established by this sub-

section, publish a maximum contaminant level goal and

promulgate a national primary drinking water regulation

for a contaminant (other than a contaminant referred to in

paragraph (2) for which a national primary drinking water

regulation has been promulgated as of the date of enact-

ment of the Safe Drinking Water Act Amendments of 1996)

if the Administrator determines that—

(i) the contaminant may have an adverse effect on

the health of persons;

(ii) the contaminant is known to occur or there is

a substantial likelihood that the contaminant will

occur in public water systems with a frequency and at

levels of public health concern; and

(iii) in the sole judgment of the Administrator, reg-

ulation of such contaminant presents a meaningful op-

portunity for health risk reduction for persons served

by public water systems.

(B) R

EGULATION OF UNREGULATED CONTAMINANTS

.—

(i) L

ISTING OF CONTAMINANTS FOR CONSIDER

ATION

.—(I) Not later than 18 months after the date of

enactment of the Safe Drinking Water Act Amendments

of 1996 and every 5 years thereafter, the Administrator,

after consultation with the scientific community, in-

cluding the Science Advisory Board, after notice and

opportunity for public comment, and after considering

the occurrence data base established under section

1445(g), shall publish a list of contaminants which, at

the time of publication, are not subject to any proposed

or promulgated national primary drinking water regu-

lation, which are known or anticipated to occur in pub-

lic water systems, and which may require regulation

under this title.

(II) The unregulated contaminants considered

under subclause (I) shall include, but not be limited to,

substances referred to in section 101(14) of the Com-

prehensive Environmental Response, Compensation,

and Liability Act of 1980, and substances registered as

pesticides under the Federal Insecticide, Fungicide,

and Rodenticide Act.

(III) The Administrator’s decision whether or not

to select an unregulated contaminant for a list under

this clause shall not be subject to judicial review.

(ii) D

ETERMINATION TO REGULATE

.—(I) Not later

than 5 years after the date of enactment of the Safe

Drinking Water Act Amendments of 1996, and every 5

years thereafter, the Administrator shall, after notice of

the preliminary determination and opportunity for

public comment, for not fewer than 5 contaminants in-

cluded on the list published under clause (i), make de-

terminations of whether or not to regulate such con-

taminants.

(II) A determination to regulate a contaminant

shall be based on findings that the criteria of clauses

(i), (ii), and (iii) of subparagraph (A) are satisfied.

Such findings shall be based on the best available pub-

lic health information, including the occurrence data

base established under section 1445(g).

(III) The Administrator may make a determination

to regulate a contaminant that does not appear on a

list under clause (i) if the determination to regulate is

made pursuant to subclause (II).

(IV) A determination under this clause not to regu-

late a contaminant shall be considered final agency ac-

tion and subject to judicial review.

(iii) R

EVIEW

.—Each document setting forth the de-

termination for a contaminant under clause (ii) shall

be available for public comment at such time as the de-

termination is published.

RIORITIES

.—In selecting unregulated contami-

nants for consideration under subparagraph (B), the Ad-

ministrator shall select contaminants that present the

greatest public health concern. The Administrator, in mak-

ing such selection, shall take into consideration, among

other factors of public health concern, the effect of such con-

taminants upon subgroups that comprise a meaningful por-

tion of the general population (such as infants, children,

pregnant women, the elderly, individuals with a history of

serious illness, or other subpopulations) that are identifi-

able as being at greater risk of adverse health effects due

to exposure to contaminants in drinking water than the

general population.

(D) U

RGENT THREATS TO PUBLIC HEALTH

.—The Admin-

istrator may promulgate an interim national primary

drinking water regulation for a contaminant without mak-

ing a determination for the contaminant under paragraph

(4)(C), or completing the analysis under paragraph (3)(C),

to address an urgent threat to public health as determined

by the Administrator after consultation with and written

response to any comments provided by the Secretary of

Health and Human Services, acting through the director of

the Centers for Disease Control and Prevention or the direc-

tor of the National Institutes of Health. A determination for

any contaminant in accordance with paragraph (4)(C) sub-

ject to an interim regulation under this subparagraph shall

be issued, and a completed analysis meeting the require-

ments of paragraph (3)(C) shall be published, not later

than 3 years after the date on which the regulation is pro-

mulgated and the regulation shall be repromulgated, or re-

vised if appropriate, not later than 5 years after that date.

(E) R

EGULATION

.—For each contaminant that the Ad-

ministrator determines to regulate under subparagraph (B),

the Administrator shall publish maximum contaminant

level goals and promulgate, by rule, national primary

drinking water regulations under this subsection. The Ad-

ministrator shall propose the maximum contaminant level

goal and national primary drinking water regulation for a

contaminant not later than 24 months after the determina-

tion to regulate under subparagraph (B), and may publish

such proposed regulation concurrent with the determination

to regulate. The Administrator shall publish a maximum

contaminant level goal and promulgate a national primary

drinking water regulation within 18 months after the pro-

posal thereof. The Administrator, by notice in the Federal

for up to 9 months.

(F) H

EALTH ADVISORIES AND OTHER ACTIONS

.—The Ad-

ministrator may publish health advisories (which are not

regulations) or take other appropriate actions for contami-

nants not subject to any national primary drinking water

regulation.

(2) S

CHEDULES AND DEADLINES

.—

(A) I

N GENERAL

.—In the case of the contaminants list-

ed in the Advance Notice of Proposed Rulemaking pub-

lished in volume 47, Federal Register, page 9352, and in

volume 48, Federal Register, page 45502, the Administrator

shall publish maximum contaminant level goals and pro-

mulgate national primary drinking water regulations—

(i) not later than 1 year after June 19, 1986, for

not fewer than 9 of the listed contaminants;

(ii) not later than 2 years after June 19, 1986, for

not fewer than 40 of the listed contaminants; and

(iii) not later than 3 years after June 19, 1986, for

the remainder of the listed contaminants.

(B) S

UBSTITUTION OF CONTAMINANTS

.—If the Adminis-

trator identifies a drinking water contaminant the regula-

tion of which, in the judgment of the Administrator, is

more likely to be protective of public health (taking into ac-

count the schedule for regulation under subparagraph (A))

than a contaminant referred to in subparagraph (A), the

Administrator may publish a maximum contaminant level

goal and promulgate a national primary drinking water

regulation for the identified contaminant in lieu of regulat-

ing the contaminant referred to in subparagraph (A). Sub-

stitutions may be made for not more than 7 contaminants

referred to in subparagraph (A). Regulation of a contami-

nant identified under this subparagraph shall be in accord-

ance with the schedule applicable to the contaminant for

which the substitution is made.

ISINFECTANTS AND DISINFECTION BYPRODUCTS

.—

The Administrator shall promulgate an Interim Enhanced

Surface Water Treatment Rule, a Final Enhanced Surface

Water Treatment Rule, a Stage I Disinfectants and Dis-

infection Byproducts Rule, and a Stage II Disinfectants

and Disinfection Byproducts Rule in accordance with the

schedule published in volume 59, Federal Register, page

6361 (February 10, 1994), in table III.13 of the proposed

Information Collection Rule. If a delay occurs with respect

to the promulgation of any rule in the schedule referred to

in this subparagraph, all subsequent rules shall be com-

pleted as expeditiously as practicable but no later than a

revised date that reflects the interval or intervals for the

rules in the schedule.

(3) R

ISK ASSESSMENT

MANAGEMENT

AND COMMUNICA

TION

.—

(A) U

SE OF SCIENCE IN DECISIONMAKING

.—In carrying

out this section, and, to the degree that an Agency action

is based on science, the Administrator shall use—

(i) the best available, peer-reviewed science and

supporting studies conducted in accordance with sound

and objective scientific practices; and

(ii) data collected by accepted methods or best

available methods (if the reliability of the method and

the nature of the decision justifies use of the data).

(B) P

UBLIC INFORMATION

.—In carrying out this section,

the Administrator shall ensure that the presentation of in-

formation on public health effects is comprehensive, inform-

ative, and understandable. The Administrator shall, in a

document made available to the public in support of a reg-

ulation promulgated under this section, specify, to the ex-

tent practicable—

(i) each population addressed by any estimate of

public health effects;

(ii) the expected risk or central estimate of risk for

the specific populations;

(iii) each appropriate upper-bound or lower-bound

estimate of risk;

(iv) each significant uncertainty identified in the

process of the assessment of public health effects and

studies that would assist in resolving the uncertainty;

and

(v) peer-reviewed studies known to the Adminis-

trator that support, are directly relevant to, or fail to

support any estimate of public health effects and the

methodology used to reconcile inconsistencies in the sci-

entific data.

EALTH RISK REDUCTION AND COST ANALYSIS

.—

(i) M

AXIMUM CONTAMINANT LEVELS

.—When pro-

posing any national primary drinking water regulation

that includes a maximum contaminant level, the Ad-

ministrator shall, with respect to a maximum contami-

nant level that is being considered in accordance with

paragraph (4) and each alternative maximum contami-

nant level that is being considered pursuant to para-

graph (5) or (6)(A), publish, seek public comment on,

and use for the purposes of paragraphs (4), (5), and (6)

an analysis of each of the following:

(I) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual

basis in the rulemaking record to conclude that

such benefits are likely to occur as the result of

treatment to comply with each level.

(II) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual

basis in the rulemaking record to conclude that

such benefits are likely to occur from reductions in

co-occurring contaminants that may be attributed

solely to compliance with the maximum contami-

nant level, excluding benefits resulting from com-

pliance with other proposed or promulgated regu-

lations.

(III) Quantifiable and nonquantifiable costs

for which there is a factual basis in the rule-

making record to conclude that such costs are like-

ly to occur solely as a result of compliance with the

maximum contaminant level, including monitor-

ing, treatment, and other costs and excluding costs

resulting from compliance with other proposed or

promulgated regulations.

(IV) The incremental costs and benefits associ-

ated with each alternative maximum contaminant

level considered.

(V) The effects of the contaminant on the gen-

eral population and on groups within the general

population such as infants, children, pregnant

women, the elderly, individuals with a history of

serious illness, or other subpopulations that are

identified as likely to be at greater risk of adverse

health effects due to exposure to contaminants in

drinking water than the general population.

(VI) Any increased health risk that may occur

as the result of compliance, including risks associ-

ated with co-occurring contaminants.

(VII) Other relevant factors, including the

quality and extent of the information, the uncer-

tainties in the analysis supporting subclauses (I)

through (VI), and factors with respect to the degree

and nature of the risk.

(ii) T

REATMENT TECHNIQUES

.—When proposing a

national primary drinking water regulation that in-

cludes a treatment technique in accordance with para-

graph (7)(A), the Administrator shall publish and seek

public comment on an analysis of the health risk re-

duction benefits and costs likely to be experienced as

the result of compliance with the treatment technique

and alternative treatment techniques that are being

considered, taking into account, as appropriate, the

factors described in clause (i).

(iii) A

PPROACHES TO MEASURE AND VALUE BENE

FITS

.—The Administrator may identify valid ap-

proaches for the measurement and valuation of benefits

under this subparagraph, including approaches to

identify consumer willingness to pay for reductions in

health risks from drinking water contaminants.

(iv) A

UTHORIZATION

.—There are authorized to be

appropriated to the Administrator, acting through the

Office of Ground Water and Drinking Water, to con-

duct studies, assessments, and analyses in support of

regulations or the development of methods, $35,000,000

for each of fiscal years 1996 through 2003.

ø(4) Each¿ (4) G

OALS AND STANDARDS

.—

(A) M

AXIMUM CONTAMINANT LEVEL GOALS

.—Each max-

imum contaminant level goal established under this sub-

section shall be set at the level at which no known or an-

ticipated adverse effects on the health of persons occur and

which allows an adequate margin of safety.

øEach national¿ (B) M

AXIMUM CONTAMINANT LEV

ELS

.—Except as provided in paragraphs (5) and (6), each

national primary drinking water regulation for a contami-

nant for which a ømaximum level¿ maximum contaminant

level goal is established under this subsection shall specify

a ømaximum level¿ maximum contaminant level for such

contaminant which is as close to the maximum contami-

nant level goal as is feasible.

ETERMINATION

.—At the time the Administrator

proposes a national primary drinking water regulation

under this paragraph, the Administrator shall publish a

determination as to whether the benefits of the maximum

contaminant level justify, or do not justify, the costs based

on the analysis conducted under paragraph (3)(C).

ø(5) For the¿ (D) D

EFINITION OF FEASIBLE

.—For the

purposes of this subsection, the term ‘‘feasible’’ means fea-

sible with the use of the best technology, treatment tech-

niques and other means which the Administrator finds,

after examination for efficacy under field conditions and

not solely under laboratory conditions, are available (tak-

ing cost into consideration). For the purpose of øparagraph

4¿ this paragraph, granular activated carbon is feasible for

the control of synthetic organic chemicals, and any tech-

nology, treatment technique, or other means found to be

the best available for the control of synthetic organic

chemicals must be at least as effective in controlling syn-

thetic organic chemicals as granular activated carbon.

ø(6) Each national¿ (E) F

EASIBLE TECHNOLOGIES

.—

(i) I

N GENERAL

.—Each national primary drinking

water regulation which establishes a maximum con-

taminant level shall list the technology, treatment

techniques, and other means which the Administrator

finds to be feasible for purposes of meeting such maxi-

mum contaminant level, but a regulation under øthis

paragraph¿ this subsection shall not require that any

specified technology, treatment technique, or other

means be used for purposes of meeting such maximum

contaminant level.

(ii) L

IST OF TECHNOLOGIES FOR SMALL SYSTEMS

.—

The Administrator shall include in the list any tech-

nology, treatment technique, or other means that is af-

fordable, as determined by the Administrator in con-

sultation with the States, for small public water sys-

tems serving—

(I) a population of 10,000 or fewer but more

than 3,300;

(II) a population of 3,300 or fewer but more

than 500; and

(III) a population of 500 or fewer but more

than 25;

and that achieves compliance with the maximum con-

taminant level or treatment technique, including

packaged or modular systems and point-of-entry or

point-of-use treatment units. Point-of-entry and point-

of-use treatment units shall be owned, controlled and

maintained by the public water system or by a person

under contract with the public water system to ensure

proper operation and maintenance and compliance

with the maximum contaminant level or treatment

technique and equipped with mechanical warnings to

ensure that customers are automatically notified of

operational problems. The Administrator shall not in-

clude in the list any point-of-use treatment technology,

treatment technique, or other means to achieve compli-

ance with a maximum contaminant level or treatment

technique requirement for a microbial contaminant (or

an indicator of a microbial contaminant). If the Amer-

ican National Standards Institute has issued product

standards applicable to a specific type of point-of-entry

or point-of-use treatment unit, individual units of that

type shall not be accepted for compliance with a maxi-

mum contaminant level or treatment technique require-

ment unless they are independently certified in accord-

ance with such standards. In listing any technology,

treatment technique, or other means pursuant to this

clause, the Administrator shall consider the quality of

the source water to be treated.

(iii) L

IST OF TECHNOLOGIES THAT ACHIEVE COMPLI

ANCE

.—Except as provided in clause (v), not later than

2 years after the date of enactment of this clause and

after consultation with the States, the Administrator

shall issue a list of technologies that achieve compli-

ance with the maximum contaminant level or treat-

ment technique for each category of public water sys-

tems described in subclauses (I), (II), and (III) of clause

(ii) for each national primary drinking water regula-

tion promulgated prior to the date of enactment of this

paragraph.

(iv) A

DDITIONAL TECHNOLOGIES

.—The Adminis-

trator may, at any time after a national primary drink-

ing water regulation has been promulgated, supple-

ment the list of technologies describing additional or

new or innovative treatment technologies that meet the

requirements of this paragraph for categories of small

public water systems described in subclauses (I), (II),

and (III) of clause (ii) that are subject to the regulation.

(v) T

ECHNOLOGIES THAT MEET SURFACE WATER

TREATMENT RULE

.—Within one year after the date of

enactment of this clause, the Administrator shall list

technologies that meet the Surface Water Treatment

Rule for each category of public water systems de-

scribed in subclauses (I), (II), and (III) of clause (ii).

(5) A

DDITIONAL HEALTH RISK CONSIDERATIONS

.—

(A) I

N GENERAL

.—Notwithstanding paragraph (4), the

Administrator may establish a maximum contaminant

level for a contaminant at a level other than the feasible

level, if the technology, treatment techniques, and other

means used to determine the feasible level would result in

an increase in the health risk from drinking water by—

(i) increasing the concentration of other contami-

nants in drinking water; or

(ii) interfering with the efficacy of drinking water

treatment techniques or processes that are used to com-

ply with other national primary drinking water regula-

tions.

(B) E

STABLISHMENT OF LEVEL

.—If the Administrator

establishes a maximum contaminant level or levels or re-

quires the use of treatment techniques for any contaminant

or contaminants pursuant to the authority of this

paragraph—

(i) the level or levels or treatment techniques shall

minimize the overall risk of adverse health effects by

balancing the risk from the contaminant and the risk

from other contaminants the concentrations of which

may be affected by the use of a treatment technique or

process that would be employed to attain the maximum

contaminant level or levels; and

(ii) the combination of technology, treatment tech-

niques, or other means required to meet the level or lev-

els shall not be more stringent than is feasible (as de-

fined in paragraph (4)(D)).

(6) A

DDITIONAL HEALTH RISK REDUCTION AND COST CONSID

ERATIONS

.—

(A) I

N GENERAL

.—Notwithstanding paragraph (4), if

the Administrator determines based on an analysis con-

ducted under paragraph (3)(C) that the benefits of a maxi-

mum contaminant level promulgated in accordance with

paragraph (4) would not justify the costs of complying with

the level, the Administrator may, after notice and oppor-

tunity for public comment, promulgate a maximum con-

taminant level for the contaminant that maximizes health

risk reduction benefits at a cost that is justified by the bene-

fits.

(B) E

XCEPTION

.—The Administrator shall not use the

authority of this paragraph to promulgate a maximum con-

taminant level for a contaminant, if the benefits of compli-

ance with a national primary drinking water regulation for

the contaminant that would be promulgated in accordance

with paragraph (4) experienced by—

(i) persons served by large public water systems;

and

(ii) persons served by such other systems as are un-

likely, based on information provided by the States, to

receive a variance under section 1415(e) (relating to

small system variances);

would justify the costs to the systems of complying with the

regulation. This subparagraph shall not apply if the con-

taminant is found almost exclusively in small systems eligi-

ble under section 1415(e) for a small system variance.

ISINFECTANTS AND DISINFECTION BYPRODUCTS

.—

The Administrator may not use the authority of this para-

graph to establish a maximum contaminant level in a

Stage I or Stage II national primary drinking water regu-

lation (as described in paragraph (2)(C)) for contaminants

that are disinfectants or disinfection byproducts, or to es-

tablish a maximum contaminant level or treatment tech-

nique requirement for the control of cryptosporidium. The

authority of this paragraph may be used to establish regu-

lations for the use of disinfection by systems relying on

ground water sources as required by paragraph (8).

(D) J

UDICIAL REVIEW

.—A determination by the Admin-

istrator that the benefits of a maximum contaminant level

or treatment requirement justify or do not justify the costs

of complying with the level shall be reviewed by the court

pursuant to section 1448 only as part of a review of a final

national primary drinking water regulation that has been

promulgated based on the determination and shall not be

set aside by the court under that section unless the court

finds that the determination is arbitrary and capricious.

(7)(A) The Administrator is authorized to promulgate a na-

tional primary drinking water regulation that requires the use of

a treatment technique in lieu of establishing a maximum contami-

nant level, if the Administrator makes a finding that it is not eco-

nomically or technologically feasible to ascertain the level of the

contaminant. In such case, the Administrator shall identify those

treatment techniques which, in the Administrator’s judgment,

would prevent known or anticipated adverse effects on the health

of persons to the extent feasible. Such regulations shall specify

each treatment technique known to the Administrator which meets

the requirements of this paragraph, but the Administrator may

grant a variance from any specified treatment technique in accord-

ance with section 1415(a)(3).

(B) Any schedule referred to in this subsection for the promul-

gation of a national primary drinking water regulation for any con-

taminant shall apply in the same manner if the regulation requires

a treatment technique in lieu of establishing a maximum contami-

nant level.

(C)(i) Not later than 18 months after the enactment of the Safe

Drinking Water Act Amendments of 1986, the Administrator shall

propose and promulgate national primary drinking water regula-

tions specifying criteria under which filtration (including coagula-

tion and sedimentation, as appropriate) is required as a treatment

technique for public water systems supplied by surface water

sources. In promulgating such rules, the Administrator shall con-

sider the quality of source waters, protection afforded by watershed

management, treatment practices (such as disinfection and length

of water storage) and other factors relevant to protection of health.

(ii) In lieu of the provisions of section 1415 the Administrator

shall specify procedures by which the State determines which pub-

lic water systems within its jurisdiction shall adopt filtration under

the criteria of clause (i). The State may require the public water

system to provide studies or other information to assist in this de-

termination. The procedures shall provide notice and opportunity

for public hearing on this determination. If the State determines

that filtration is required, the State shall prescribe a schedule for

compliance by the public water system with the filtration require-

ment. A schedule shall require compliance within 18 months of a

determination made under clause (iii).

(iii) Within 18 months from the time that the Administrator

establishes the criteria and procedures under this subparagraph, a

State with primary enforcement responsibility shall adopt any nec-

essary regulations to implement this subparagraph. Within 12

months of adoption of such regulations the State shall make deter-

minations regarding filtration for all the public water systems

within its jurisdiction supplied by surface waters.

(iv) If a State does not have primary enforcement responsibility

for public water systems, the Administrator shall have the same

authority to make the determination in clause (ii) in such State as

the State would have under that clause. Any filtration requirement

or schedule under this subparagraph shall be treated as if it were

a requirement of a national primary drinking water regulation.

(v) As an additional alternative to the regulations promulgated

pursuant to clauses (i) and (iii), including the criteria for avoiding

filtration contained in 40 CFR 141.71, a State exercising primary

enforcement responsibility for public water systems may, on a case-

by-case basis, and after notice and opportunity for public comment,

establish treatment requirements as an alternative to filtration in

the case of systems having uninhabited, undeveloped watersheds in

consolidated ownership, and having control over access to, and ac-

tivities in, those watersheds, if the State determines (and the Ad-

ministrator concurs) that the quality of the source water and the al-

ternative treatment requirements established by the State ensure

greater removal or inactivation efficiencies of pathogenic organisms

for which national primary drinking water regulations have been

promulgated or that are of public health concern than would be

achieved by the combination of filtration and chlorine disinfection

(in compliance with this section).

ø(8) Not later than 36 months after the enactment of the

Safe Drinking Water Act Amendments of 1986, the Adminis-

trator shall propose and promulgate¿ D

ISINFECTION

.—At any

time after the end of the 3-year period that begins on the date

of enactment of the Safe Drinking Water Act Amendments of

1996, but not later than the date on which the Administrator

promulgates a Stage II rulemaking for disinfectants and dis-

infection byproducts (as described in paragraph (2)(C)), the Ad-

ministrator shall also promulgate national primary drinking

water regulations requiring disinfection as a treatment tech-

nique for all public water systems, including surface water sys-

tems and, as necessary, ground water systems. After consulta-

tion with the States, the Administrator shall (as part of the

regulations) promulgate criteria that the Administrator, or a

State that has primary enforcement responsibility under sec-

tion 1413, shall apply to determine whether disinfection shall

be required as a treatment technique for any public water sys-

tem served by ground water. The Administrator shall simulta-

neously promulgate a rule specifying criteria that will be used

by the Administrator (or delegated State authorities) to grant

variances from this requirement according to the provisions of

sections 1415(a)(1)(B) and 1415(a)(3). In implementing section

ø1442(g)¿ 1442(e) the Administrator or the delegated State au-

thority shall, where appropriate, give special consideration to

providing technical assistance to small public water systems in

complying with the regulations promulgated under this para-

graph.

ø(9) National primary drinking water regulations shall be

amended whenever changes in technology, treatment tech-

niques, and other means permit greater protection of the

health of persons, but in any event such regulations shall be

reviewed at least once every 3 years. Such review shall include

an analysis of innovations or changes in technology, treatment

techniques or other activities that have occurred over the pre-

vious 3-year period and that may Drovide for greater protec-

tion of the health of Dersons. The findings of such review shall

be published in the Federal Register. If, after opportunity for

public comment, the Administrator concludes that the tech-

nology, treatment techniques, or other means resulting from

such innovations or changes are not feasible within the mean-

ing of Daraaraph (5), an explanation of such conclusion shall

be pubished in the Federal Register.¿

(9) R

EVIEW AND REVISION

.—The Administrator shall, not

less often than every 6 years, review and revise, as appropriate,

each national primary drinking water regulation promulgated

under this title. Any revision of a national primary drinking

water regulation shall be promulgated in accordance with this

section, except that each revision shall maintain, or provide for

greater, protection of the health of persons.

øNational primary drinking water regulations promul-

gated under this subsection (and amendments thereto) shall

take effect eighteen months after the date of their promulga-

tion. Regulations under subsection (a) shall be superseded by

regulations under this subsection to the extent provided by the

regulations under this subsection.¿

(10) E

FFECTIVE DATE

.—A national primary drinking water

regulation promulgated under this section (and any amendment

thereto) shall take effect on the date that is 3 years after the

date on which the regulation is promulgated unless the Admin-

istrator determines that an earlier date is practicable, except

that the Administrator, or a State (in the case of an individual

system), may allow up to 2 additional years to comply with a

maximum contaminant level or treatment technique if the Ad-

ministrator or State (in the case of an individual system) deter-

mines that additional time is necessary for capital improve-

ments.

(11) No national primary drinking water regulation may

require the addition of any substance for preventive health care

purposes unrelated to contamination of drinking water.

(12) C

ERTAIN CONTAMINANTS

.—

(A) A

RSENIC

.—

(i) S

CHEDULE AND STANDARD

.—Notwithstanding

the deadlines set forth in paragraph (1), the Adminis-

trator shall promulgate a national primary drinking

water regulation for arsenic pursuant to this sub-

section, in accordance with the schedule established by

this paragraph.

(ii) S

TUDY PLAN

.—Not later than 180 days after

the date of enactment of this paragraph, the Adminis-

trator shall develop a comprehensive plan for study in

support of drinking water rulemaking to reduce the un-

certainty in assessing health risks associated with ex-

posure to low levels of arsenic. In conducting such

study, the Administrator shall consult with the Na-

tional Academy of Sciences, other Federal agencies,

and interested public and private entities.

(iii) C

OOPERATIVE AGREEMENTS

.—In carrying out

the study plan, the Administrator may enter into coop-

erative agreements with other Federal agencies, State

and local governments, and other interested public and

private entities.

(iv) P

ROPOSED REGULATIONS

.—The Administrator

shall propose a national primary drinking water regu-

lation for arsenic not later than January 1, 2000.

(v) F

INAL REGULATIONS

.—Not later than January

1, 2001, after notice and opportunity for public com-

ment, the Administrator shall promulgate a national

primary drinking water regulation for arsenic.

(vi) A

UTHORIZATION

.—There are authorized to be

appropriated $2,500,000 for each of fiscal years 1997

through 2000 for the studies required by this para-

graph.

(B) S

ULFATE

.—

(i) A

DDITIONAL STUDY

.—Prior to promulgating a

national primary drinking water regulation for sulfate,

the Administrator and the Director of the Centers for

Disease Control and Prevention shall jointly conduct

an additional study to establish a reliable dose-re-

sponse relationship for the adverse human health ef-

fects that may result from exposure to sulfate in drink-

ing water, including the health effects that may be ex-

perienced by groups within the general population (in-

cluding infants and travelers) that are potentially at

greater risk of adverse health effects as the result of

such exposure. The study shall be conducted in con-

sultation with interested States, shall be based on the

best available, peer-reviewed science and supporting

studies conducted in accordance with sound and objec-

tive scientific practices, and shall be completed not

later than 30 months after the date of enactment of the

Safe Drinking Water Act Amendments of 1996.

(ii) D

ETERMINATION

.—The Administrator shall include

sulfate among the 5 or more contaminants for which a de-

termination is made pursuant to paragraph (3)(B) not later

than 5 years after the date of enactment of the Safe Drink-

ing Water Act Amendments of 1996.

(iii) P

ROPOSED AND FINAL RULE

.—Notwithstanding the

deadlines set forth in paragraph (2), the Administrator

may, pursuant to the authorities of this subsection and

after notice and opportunity for public comment, promul-

gate a final national primary drinking water regulation for

sulfate. Any such regulation shall include requirements for

public notification and options for the provision of alter-

native water supplies to populations at risk as a means of

complying with the regulation in lieu of a best available

treatment technology or other means.

(13) R

ADON IN DRINKING WATER

.—

(A) N

ATIONAL PRIMARY DRINKING WATER REGULA

TION

.—Notwithstanding paragraph (2), the Administrator

shall withdraw any national primary drinking water regu-

lation for radon proposed prior to the date of enactment of

this paragraph and shall propose and promulgate a regula-

tion for radon under this section, as amended by the Safe

Drinking Water Act Amendments of 1996.

(B) R

ISK ASSESSMENT AND STUDIES

.—

(i) A

SSESSMENT BY NAS

.—Prior to proposing a na-

tional primary drinking water regulation for radon,

the Administrator shall arrange for the National Acad-

emy of Sciences to prepare a risk assessment for radon

in drinking water using the best available science in

accordance with the requirements of paragraph (3).

The risk assessment shall consider each of the risks as-

sociated with exposure to radon from drinking water

and consider studies on the health effects of radon at

levels and under conditions likely to be experienced

through residential exposure. The risk assessment shall

be peer-reviewed.

(ii) S

TUDY OF OTHER MEASURES

.—The Adminis-

trator shall arrange for the National Academy of

Sciences to prepare an assessment of the health risk re-

duction benefits associated with various mitigation

measures to reduce radon levels in indoor air. The as-

sessment may be conducted as part of the risk assess-

ment authorized by clause (i) and shall be used by the

Administrator to prepare the guidance and approve

State programs under subparagraph (G).

(iii) O

THER ORGANIZATION

.—If the National Acad-

emy of Sciences declines to prepare the risk assessment

or studies required by this subparagraph, the Adminis-

trator shall enter into a contract or cooperative agree-

ment with another independent, scientific organization

to prepare such assessments or studies.

EALTH RISK REDUCTION AND COST ANALYSIS

.—Not

later than 30 months after the date of enactment of this

paragraph, the Administrator shall publish, and seek pub-

lic comment on, a health risk reduction and cost analysis

meeting the requirements of paragraph (3)(C) for potential

maximum contaminant levels that are being considered for

radon in drinking water. The Administrator shall include

a response to all significant public comments received on

the analysis with the preamble for the proposed rule pub-

lished under subparagraph (D).

(D) P

ROPOSED REGULATION

.—Not later than 36 months

after the date of enactment of this paragraph, the Adminis-

trator shall propose a maximum contaminant level goal

and a national primary drinking water regulation for

radon pursuant to this section.

(E) F

INAL REGULATION

.—Not later than 12 months

after the date of the proposal under subparagraph (D), the

Administrator shall publish a maximum contaminant level

goal and promulgate a national primary drinking water

regulation for radon pursuant to this section based on the

risk assessment prepared pursuant to subparagraph (B)

and the health risk reduction and cost analysis published

pursuant to subparagraph (C). In considering the risk as-

sessment and the health risk reduction and cost analysis in

connection with the promulgation of such a standard, the

Administrator shall take into account the costs and benefits

of control programs for radon from other sources.

(F) A

LTERNATIVE MAXIMUM CONTAMINANT LEVEL

.—If

the maximum contaminant level for radon in drinking

water promulgated pursuant to subparagraph (E) 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 Administrator shall, simultaneously

with the promulgation of such level, promulgate an alter-

native maximum contaminant level for radon that would

result in a contribution of radon from drinking water to

radon levels in indoor air equivalent to the national aver-

age concentration of radon in outdoor air. If the Adminis-

trator promulgates an alternative maximum contaminant

level under this subparagraph, the Administrator shall,

after notice and opportunity for public comment and in

consultation with the States, publish guidelines for State

programs, including criteria for multimedia measures to

mitigate radon levels in indoor air, to be used by the States

in preparing programs under subparagraph (G). The guide-

lines shall take into account data from existing radon miti-

gation programs and the assessment of mitigation meas-

ures prepared under subparagraph (B).

(G) M

ULTIMEDIA RADON MITIGATION PROGRAMS

.—

(i) I

N GENERAL

.—A State may develop and submit

a multimedia program to mitigate radon levels in in-

door air for approval by the Administrator under this

subparagraph. If, after notice and the opportunity for

public comment, such program is approved by the Ad-

ministrator, public water systems in the State may

comply with the alternative maximum contaminant

level promulgated under subparagraph (F) in lieu of

the maximum contaminant level in the national pri-

mary drinking water regulation promulgated under

subparagraph (E).

(ii) E

LEMENTS OF PROGRAMS

.—State programs

may rely on a variety of mitigation measures including

public education, testing, training, technical assistance,

remediation grant and loan or incentive programs, or

other regulatory or nonregulatory measures. The effec-

tiveness of elements in State programs shall be evalu-

ated by the Administrator based on the assessment pre-

pared by the National Academy of Sciences under sub-

paragraph (B) and the guidelines published by the Ad-

ministrator under subparagraph (F).

(iii) A

PPROVAL

.—The Administrator shall approve

a State program submitted under this paragraph if the

health risk reduction benefits expected to be achieved

by the program are equal to or greater than the health

risk reduction benefits that would be achieved if each

public water system in the State complied with the

maximum contaminant level promulgated under sub-

paragraph (E). The Administrator shall approve or dis-

approve a program submitted under this paragraph

within 180 days of receipt. A program that is not dis-

approved during such period shall be deemed ap-

proved. A program that is disapproved may be modi-

fied to address the objections of the Administrator and

be resubmitted for approval.

(iv) R

EVIEW

.—The Administrator shall periodi-

cally, but not less often than every 5 years, review each

multimedia mitigation program approved under this

subparagraph to determine whether it continues to

meet the requirements of clause (iii) and shall, after

written notice to the State and an opportunity for the

State to correct any deficiency in the program, with-

draw approval of programs that no longer comply with

such requirements.

(v) E

XTENSION

.—If, within 90 days after the pro-

mulgation of an alternative maximum contaminant

level under subparagraph (F), the Governor of a State

submits a letter to the Administrator committing to de-

velop a multimedia mitigation program under this sub-

paragraph, the effective date of the national primary

drinking water regulation for radon in the State that

would be applicable under paragraph (10) shall be ex-

tended for a period of 18 months.

(vi) L

OCAL PROGRAMS

.—In the event that a State

chooses not to submit a multimedia mitigation pro-

gram for approval under this subparagraph or has

submitted a program that has been disapproved, any

public water system in the State may submit a pro-

gram for approval by the Administrator according to

the same criteria, conditions, and approval process that

would apply to a State program. The Administrator

shall approve a multimedia mitigation program if the

health risk reduction benefits expected to be achieved

by the program are equal to or greater than the health

risk reduction benefits that would result from compli-

ance by the public water system with the maximum

contaminant level for radon promulgated under sub-

paragraph (E).

(14) R

ECYCLING OF FILTER BACKWASH

.—The Administrator

shall promulgate a regulation to govern the recycling of filter

backwash water within the treatment process of a public water

system. The Administrator shall promulgate such regulation

not later than 4 years after the date of enactment of the Safe

Drinking Water Act Amendments of 1996 unless such recycling

has been addressed by the Administrator’s Enhanced Surface

Water Treatment Rule prior to such date.

(15) V

ARIANCE TECHNOLOGIES

.—

(A) I

N GENERAL

.—At the same time as the Adminis-

trator promulgates a national primary drinking water reg-

ulation for a contaminant pursuant to this section, the Ad-

ministrator shall issue guidance or regulations describing

the best treatment technologies, treatment techniques, or

other means (referred to in this paragraph as ‘‘variance

technology’’) for the contaminant that the Administrator

finds, after examination for efficacy under field conditions

and not solely under laboratory conditions, are available

and affordable, as determined by the Administrator in con-

sultation with the States, for public water systems of vary-

ing size, considering the quality of the source water to be

treated. The Administrator shall identify such variance

technologies for public water systems serving—

(i) a population of 10,000 or fewer but more than

3,300;

(ii) a population of 3,300 or fewer but more than

500; and

(iii) a population of 500 or fewer but more than 25,

if, considering the quality of the source water to be treated,

no treatment technology is listed for public water systems

of that size under paragraph (4)(E). Variance technologies

identified by the Administrator pursuant to this paragraph

may not achieve compliance with the maximum contami-

nant level or treatment technique requirement of such regu-

lation, but shall achieve the maximum reduction or inac-

tivation efficiency that is affordable considering the size of

the system and the quality of the source water. The guid-

ance or regulations shall not require the use of a technology

from a specific manufacturer or brand.

(B) L

IMITATION

.—The Administrator shall not identify

any variance technology under this paragraph, unless the

Administrator has determined, considering the quality of

the source water to be treated and the expected useful life

of the technology, that the variance technology is protective

of public health.

DDITIONAL INFORMATION

.—The Administrator

shall include in the guidance or regulations identifying

variance technologies under this paragraph any assump-

tions supporting the public health determination referred to

in subparagraph (B), where such assumptions concern the

public water system to which the technology may be ap-

plied, or its source waters. The Administrator shall provide

any assumptions used in determining affordability, taking

into consideration the number of persons served by such

systems. The Administrator shall provide as much reliable

information as practicable on performance, effectiveness,

limitations, costs, and other relevant factors including the

applicability of variance technology to waters from surface

and underground sources.

(D) R

EGULATIONS AND GUIDANCE

.—Not later than 2

years after the date of enactment of this paragraph and

after consultation with the States, the Administrator shall

issue guidance or regulations under subparagraph (A) for

each national primary drinking water regulation promul-

gated prior to the date of enactment of this paragraph for

which a variance may be granted under section 1415(e).

The Administrator may, at any time after a national pri-

mary drinking water regulation has been promulgated,

issue guidance or regulations describing additional vari-

ance technologies. The Administrator shall, not less often

than every 7 years, or upon receipt of a petition supported

by substantial information, review variance technologies

identified under this paragraph. The Administrator shall

issue revised guidance or regulations if new or innovative

variance technologies become available that meet the re-

quirements of this paragraph and achieve an equal or

greater reduction or inactivation efficiency than the vari-

ance technologies previously identified under this subpara-

graph. No public water system shall be required to replace

a variance technology during the useful life of the tech-

nology for the sole reason that a more efficient variance

technology has been listed under this subparagraph.

ary drinking water regulations within 270 days after the date of

enactment of this title. Within 90 days after publication of any

such regulation, he shall promulgate such regulation with such

modifications as he deems appropriate. Regulations under this sub-

section may be amended from time to time.

(d) Regulations under this section shall be prescribed in ac-

cordance with section 553 of title 5, United States Code (relating

to rulemaking), except that the Administrator shall provide oppor-

tunity for public hearing prior to promulgation of such regulations.

In proposing and promulgating regulations under this section, the

Administrator shall consult with the Secretary and the National

Drinking Water Advisory Council.

(e) The Administrator shall request comments from the Science

Advisory Board (established under the Environmental Research,

Development, and Demonstration Act of 1978) prior to proposal of

a maximum contaminant level goal and national primary drinking

water regulation. The Board shall respond, as it deems appro-

priate, within the time period applicable for promulgation of the

national primary drinking water standard concerned. This sub-

section shall, under no circumstances, be used to delay final pro-

mulgation of any national primary drinking water standard.

[42 U.S.C. 300g–1]

STATE PRIMARY ENFORCEMENT RESPONSIBILITY

. 1413. (a) For purposes of this title, a State has primary

enforcement responsibility for public water systems during any pe-

riod for which the Administrator determines (pursuant to regula-

tions prescribed under subsection (b)) that such State—

ø(1) has adopted drinking water regulations which are no

less stringent than the national primary drinking water regu-

lations in effect under such section 1412(a) and 1412(b);¿

(1) has adopted drinking water regulations that are no less

stringent than the national primary drinking water regulations

promulgated by the Administrator under subsections (a) and (b)

of section 1412 not later than 2 years after the date on which

the regulations are promulgated by the Administrator, except

that the Administrator may provide for an extension of not

more than 2 years if, after submission and review of appro-

priate, adequate documentation from the State, the Adminis-

trator determines that the extension is necessary and justified;

(2) has adopted and is implementing adequate procedures

for the enforcement of such State regulations, including con-

ducting such monitoring and making such inspections as the

Administrator may require by regulation;

(3) will keep such records and make such reports with re-

spect to its activities under paragraphs (1) and (2) as the Ad-

ministrator may require by regulation;

(4) if it permits variances or exemptions, or both, from the

requirements of its drinking water regulations which meet the

requirements of paragraph (1), permits such variances and ex-

emptions under conditions and in a manner which is not less

stringent than the conditions under, and the manner in, which

variances and exemptions may be granted under sections 1415

and 1416; øand¿

(5) has adopted and can implement an adequate plan for

the provision of safe drinking water under emergency cir-

cumstances including earthquakes, floods, hurricanes, and

other natural disasters, as appropriateƒ.≈; and

(6) has adopted authority for administrative penalties (un-

less the constitution of the State prohibits the adoption of the

authority) in a maximum amount—

(A) in the case of a system serving a population of more

than 10,000, that is not less than $1,000 per day per viola-

tion; and

(B) in the case of any other system, that is adequate to

ensure compliance (as determined by the State);

except that a State may establish a maximum limitation on the

total amount of administrative penalties that may be imposed

on a public water system per violation.

(b)(1) The Administrator shall, by regulation (proposed within

180 days of the date of the enactment of this title), prescribe the

manner in which a State may apply to the Administrator for a de-

termination that the requirements of paragraphs (1), (2), (3), and

(4) of subsection (a) are satisfied with respect to the State, the

manner in which the determination is made, the period for which

the determination will be effective, and the manner in which the

Administrator may determine that such requirements are no longer

met. Such regulations shall require that before a determination of

the Administrator that such requirements are met or are no longer

met with respect to a State may become effective, the Adminis-

trator shall notify such State of the determination and the reasons

therefor and shall provide an opportunity for public hearing on the

determination. Such regulations shall be promulgated (with such

modifications as the Administrator deems appropriate) within 90

days of the publication of the proposed regulations in the Federal

chief executive officer of each State of the promulgation of regula-

tions under this paragraph. Such notice shall contain a copy of the

regulations and shall specify a State’s authority under this title

when it is determined to have primary enforcement responsibility

for public water systems.

(2) When an application is submitted in accordance with the

Administrator’s regulations under paragraph (1), the Administrator

shall within 90 days of the date on which such application is sub-

mitted (A) make the determination applied for, or (B) deny the ap-

plication and notify the applicant in writing of the reasons for his

denial.

NTERIM

RIMARY

NFORCEMENT

UTHORITY

.—A State that

has primary enforcement authority under this section with respect

to each existing national primary drinking water regulation shall be

considered to have primary enforcement authority with respect to

each new or revised national primary drinking water regulation

during the period beginning on the effective date of a regulation

adopted and submitted by the State with respect to the new or re-

vised national primary drinking water regulation in accordance

with subsection (b)(1) and ending at such time as the Administrator

makes a determination under subsection (b)(2)(B) with respect to the

regulation.

[42 U.S.C. 300g–2]

ENFORCEMENT OF DRINKING WATER REGULATIONS

. 1414. (a)(1)(A) Whenever the Administrator finds during

a period during which a State has primary enforcement responsibil-

ity for public water systems (within the meaning of section 1413(a))

that any public water system—

(i) for which a variance under section 1415 or an exemp-

tion under section 1416 is not in effect, does not comply with

øany national primary drinking water regulation in effect

under section 1412¿ any applicable requirement, or

(ii) for which a variance under section 1415 or an exemp-

tion under section 1416 is in effect, does not comply with any

schedule or other requirement imposed pursuant thereto,

he shall so notify the State and such public water system and pro-

vide such advice and technical assistance to such State and public

water system as may be appropriate to bring the system into com-

pliance øwith such regulation or requirement¿ with the require-

ment by the earliest feasible time.

(B) If, beyond the thirtieth day after the Administrator’s notifi-

cation under subparagraph (A), the State has not commenced ap-

propriate enforcement action, the Administrator shall issue an

order under subsection (g) requiring the public water system to

comply with such øregulation or¿ applicable requirement or the

Administrator shall commence a civil action under subsection (b).

ø(2) Whenever, on the basis of information available to

him, the Administrator finds during a period during which a

State does not have primary enforcement responsibility for

public water systems that a public water system in such

State—

ø(A) for which a variance under section 1415(a)(2) or

an exemption under section 1416(f) is not in effect, does

not comply with any national primary drinking water reg-

ulation in effect under section 1412, or

ø(B) for which a variance under section 1415(a)(2) or

an exemption under section 1416(f) is in effect, does not

comply with any schedule or other requirement imposed

pursuant thereto,

the Administrator shall issue an order under subsection (g) re-

quiring the public water system to comply with such regulation

or requirement or the Administrator shall commence a civil ac-

tion under subsection (b).¿

(2) E

NFORCEMENT IN NONPRIMACY STATES

.—

(A) I

N GENERAL

.—If, on the basis of information avail-

able to the Administrator, the Administrator finds, with re-

spect to a period in which a State does not have primary

enforcement responsibility for public water systems, that a

public water system in the State—

(i) for which a variance under section 1415 or an

exemption under section 1416 is not in effect, does not

comply with any applicable requirement; or

(ii) for which a variance under section 1415 or an

exemption under section 1416 is in effect, does not com-

ply with any schedule or other requirement imposed

pursuant to the variance or exemption;

the Administrator shall issue an order under subsection (g)

requiring the public water system to comply with the re-

quirement, or commence a civil action under subsection (b).

(B) N

OTICE

.—If the Administrator takes any action

pursuant to this paragraph, the Administrator shall notify

an appropriate local elected official, if any, with jurisdic-

tion over the public water system of the action prior to the

time that the action is taken.

(b) The Administrator may bring a civil action in the appro-

priate United States district court to require compliance with øa

national primary drinking water regulation¿ any applicable re-

quirement, with an order issued under subsection (g), or with any

schedule or other requirement imposed pursuant to a variance or

exemption granted under section 1415 or 1416 if—

(1) authorized under paragraph (1) or (2) of subsection (a),

(2) if requested by (A) the chief executive officer of the

State in which is located the public water system which is not

in compliance with such regulation or requirement, or (B) the

agency of such State which has jurisdiction over compliance by

public water systems in the State with national primary drink-

ing water regulations or State drinking water regulations.

The court may enter, in an action brought under this subsection,

such judgment as protection of public health may require, taking

into consideration the time necessary to comply and the availability

of alternative water supplies; and, if the court determines that

there has been a violation of the regulation or schedule or other re-

quirement with respect to which the action was brought, the court

may, taking into account the seriousness of the violation, the popu-

lation at risk, and other appropriate factors, impose on the violator

a civil penalty of not to exceed $25,000 for each day in which such

violation occurs.

ø(c) Each owner or operator of a public water system shall give

notice to the persons served by it—

ø(1) of any failure on the part of the public water system to—

ø(A) comply with an applicable maximum contaminant

level or treatment technique requirement of, or a testing proce-

dure prescribed by, a national primary drinking water regula-

tion, or

ø(B) perform monitoring required by section 1445(a), and

ø(2) if the public water system is subject to a variance granted

under section 1415(a)(1)(A) or 1415(a)(2) for an inability to meet a

maximum contaminant level requirement or is subject to an ex-

emption granted under section 1416, of—

ø(A) the existence of such variance or exemption, and

ø(B) any failure to comply with the requirements of any

schedule prescribed pursuant to the variance or exemption.

øThe Administrator shall by regulation prescribe the form,

manner, and frequency for giving notice under this subsection.

Within 15 months after the enactment of the Safe Drinking Water

Act Amendments of 1986, the Administrator shall amend such reg-

ulations to provide for different types and frequencies of notice

based on the differences between violations which are intermittent

or infrequent and violations which are continuous or frequent. Such

regulations shall also take into account the seriousness of any po-

tential adverse health effects which may be involved. Notice of any

violation of a maximum contaminant level or any other violation

designated by the Administrator as posing a serious potential ad-

verse health effect shall be given as soon as possible, but in no case

later than 14 days after the violation. Notice of a continuous viola-

tion of a regulation other than a maximum contaminant level shall

be given no less frequently than every 3 months. Notice of viola-

tions judged to be less serious shall be given no less frequently

than annually. The Administrator shall specify the types of notice

to be used to provide information as promptly and effectively as

possible taking into account both the seriousness of any potential

adverse health effects and the likelihood of reaching all affected

persons. Notification of violations shall include notice by general

circulation newspaper serving the area and, whenever appropriate,

shall also include a press release to electronic media and individual

mailings. Notice under this subsection shall provide a clear and

readily understandable explanation of the violation, any potential

adverse health effects, the steps that the system is taking to cor-

rect such violation and the necessity for seeking alternative water

supplies, if any until the violation is corrected. Until such amended

regulations are promulgated, the regulations in effect on the date

of the enactment of the Safe Drinking Water Act Amendments of

1986 shall remain in effect. The Administrator may also require

the owner or operator of a public water system to give notice to the

persons served by it of contaminant levels of any unregulated con-

taminant required to be monitored under section 1445(a). Any per-

son who violates this subsection or regulations issued under this

subsection shall be subject to a civil penalty of not to exceed

$25,000.¿

OTICE TO

ERSONS

ERVED

.—

(1) I

N GENERAL

.—Each owner or operator of a public water

system shall give notice of each of the following to the persons

served by the system:

(A) Notice of any failure on the part of the public water

system to—

(i) comply with an applicable maximum contami-

nant level or treatment technique requirement of, or a

testing procedure prescribed by, a national primary

drinking water regulation; or

(ii) perform monitoring required by section

1445(a).

(B) If the public water system is subject to a variance

granted under subsection (a)(1)(A), (a)(2), or (e) of section

1415 for an inability to meet a maximum contaminant level

requirement or is subject to an exemption granted under

section 1416, notice of—

(i) the existence of the variance or exemption; and

(ii) any failure to comply with the requirements of

any schedule prescribed pursuant to the variance or ex-

emption.

contaminant for which the Administrator has required pub-

lic notice pursuant to paragraph (2)(E).

(2) F

ORM

MANNER

AND FREQUENCY OF NOTICE

.—

(A) I

N GENERAL

.—The Administrator shall, by regula-

tion, and after consultation with the States, prescribe the

manner, frequency, form, and content for giving notice

under this subsection. The regulations shall—

(i) provide for different frequencies of notice based

on the differences between violations that are intermit-

tent or infrequent and violations that are continuous or

frequent; and

(ii) take into account the seriousness of any poten-

tial adverse health effects that may be involved.

(B) S

TATE REQUIREMENTS

.—

(i) I

N GENERAL

.—A State may, by rule, establish

alternative notification requirements—

(I) with respect to the form and content of no-

tice given under and in a manner in accordance

with subparagraph (C); and

(II) with respect to the form and content of no-

tice given under subparagraph (D).

(ii) C

ONTENTS

.—The alternative requirements

shall provide the same type and amount of information

as required pursuant to this subsection and regulations

issued under subparagraph (A).

(iii) R

ELATIONSHIP TO SECTION 1413

.—Nothing in

this subparagraph shall be construed or applied to

modify the requirements of section 1413.

IOLATIONS WITH POTENTIAL TO HAVE SERIOUS AD

VERSE EFFECTS ON HUMAN HEALTH

.—Regulations issued

under subparagraph (A) shall specify notification proce-

dures for each violation by a public water system that has

the potential to have serious adverse effects on human

health as a result of short-term exposure. Each notice of

violation provided under this subparagraph shall—

(i) be distributed as soon as practicable after the

occurrence of the violation, but not later than 24 hours

after the occurrence of the violation;

(ii) provide a clear and readily understandable ex-

planation of—

(I) the violation;

(II) the potential adverse effects on human

health;

(III) the steps that the public water system is

taking to correct the violation; and

(IV) the necessity of seeking alternative water

supplies until the violation is corrected;

(iii) be provided to the Administrator or the head

of the State agency that has primary enforcement re-

sponsibility under section 1413 as soon as practicable,

but not later than 24 hours after the occurrence of the

violation; and

(iv) as required by the State agency in general reg-

ulations of the State agency, or on a case-by-case basis

after the consultation referred to in clause (iii), consid-

ering the health risks involved—

(I) be provided to appropriate broadcast

media;

(II) be prominently published in a newspaper

of general circulation serving the area not later

than 1 day after distribution of a notice pursuant

to clause (i) or the date of publication of the next

issue of the newspaper; or

(III) be provided by posting or door-to-door no-

tification in lieu of notification by means of broad-

cast media or newspaper.

(D) W

RITTEN NOTICE

.—

(i) I

N GENERAL

.—Regulations issued under sub-

paragraph (A) shall specify notification procedures for

violations other than the violations covered by subpara-

graph (C). The procedures shall specify that a public

water system shall provide written notice to each per-

son served by the system by notice (I) in the first bill

(if any) prepared after the date of occurrence of the vio-

lation, (II) in an annual report issued not later than 1

year after the date of occurrence of the violation, or

(III) by mail or direct delivery as soon as practicable,

but not later than 1 year after the date of occurrence

of the violation.

(ii) F

ORM AND MANNER OF NOTICE

.—The Adminis-

trator shall prescribe the form and manner of the no-

tice to provide a clear and readily understandable ex-

planation of the violation, any potential adverse health

effects, and the steps that the system is taking to seek

alternative water supplies, if any, until the violation is

corrected.

(E) U

NREGULATED CONTAMINANTS

.—The Administrator

may require the owner or operator of a public water system

to give notice to the persons served by the system of the con-

centration levels of an unregulated contaminant required to

be monitored under section 1445(a).

(3) R

EPORTS

.—

(A) A

NNUAL REPORT BY STATE

.—

(i) I

N GENERAL

.—Not later than January 1, 1998,

and annually thereafter, each State that has primary

enforcement responsibility under section 1413 shall

prepare, make readily available to the public, and sub-

mit to the Administrator an annual report on viola-

tions of national primary drinking water regulations

by public water systems in the State, including viola-

tions with respect to (I) maximum contaminant levels,

(II) treatment requirements, (III) variances and exemp-

tions, and (IV) monitoring requirements determined to

be significant by the Administrator after consultation

with the States.

(ii) D

ISTRIBUTION

.—The State shall publish and

distribute summaries of the report and indicate where

the full report is available for review.

(B) A

NNUAL REPORT BY ADMINISTRATOR

.—Not later

than July 1, 1998, and annually thereafter, the Adminis-

trator shall prepare and make available to the public an

annual report summarizing and evaluating reports submit-

ted by States pursuant to subparagraph (A) and notices

submitted by public water systems serving Indian Tribes

provided to the Administrator pursuant to subparagraph

concerning the resources needed to improve compliance

with this title. The report shall include information about

public water system compliance on Indian reservations and

about enforcement activities undertaken and financial as-

sistance provided by the Administrator on Indian reserva-

tions, and shall make specific recommendations concerning

the resources needed to improve compliance with this title

on Indian reservations.

(4) C

ONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER

SYSTEMS

.—

(A) A

NNUAL REPORTS TO CONSUMERS

.—The Adminis-

trator, in consultation with public water systems, environ-

mental groups, public interest groups, risk communication

experts, and the States, and other interested parties, shall

issue regulations within 24 months after the date of enact-

ment of this paragraph to require each community water

system to mail to each customer of the system at least once

annually a report on the level of contaminants in the drink-

ing water purveyed by that system (referred to in this para-

graph as a ‘‘consumer confidence report’’). Such regulations

shall provide a brief and plainly worded definition of the

terms ‘‘maximum contaminant level goal’’, ‘‘maximum con-

taminant level’’, ‘‘variances’’, and ‘‘exemptions’’ and brief

statements in plain language regarding the health concerns

that resulted in regulation of each regulated contaminant.

The regulations shall also include a brief and plainly

worded explanation regarding contaminants that may rea-

sonably be expected to be present in drinking water, includ-

ing bottled water. The regulations shall also provide for an

Environmental Protection Agency toll-free hotline that con-

sumers can call for more information and explanation.

(B) C

ONTENTS OF REPORT

.—The consumer confidence

reports under this paragraph shall include, but not be lim-

ited to, each of the following:

(i) Information on the source of the water

purveyed.

(ii) A brief and plainly worded definition of the

terms ‘‘maximum contaminant level goal’’, ‘‘maximum

contaminant level’’, ‘‘variances’’, and ‘‘exemptions’’ as

provided in the regulations of the Administrator.

(iii) If any regulated contaminant is detected in the

water purveyed by the public water system, a statement

setting forth (I) the maximum contaminant level goal,

(II) the maximum contaminant level, (III) the level of

such contaminant in such water system, and (IV) for

any regulated contaminant for which there has been a

violation of the maximum contaminant level during the

year concerned, the brief statement in plain language

regarding the health concerns that resulted in regula-

tion of such contaminant, as provided by the Adminis-

trator in regulations under subparagraph (A).

(iv) Information on compliance with national pri-

mary drinking water regulations, as required by the

Administrator, and notice if the system is operating

under a variance or exemption and the basis on which

the variance or exemption was granted.

(v) Information on the levels of unregulated con-

taminants for which monitoring is required under sec-

tion 1445(a)(2) (including levels of cryptosporidium

and radon where States determine they may be found).

(vi) A statement that the presence of contaminants

in drinking water does not necessarily indicate that the

drinking water poses a health risk and that more infor-

mation about contaminants and potential health effects

can be obtained by calling the Environmental Protec-

tion Agency hotline.

A public water system may include such additional infor-

mation as it deems appropriate for public education. The

Administrator may, for not more than 3 regulated contami-

nants other than those referred to in subclause (IV) of

clause (iii), require a consumer confidence report under this

paragraph to include the brief statement in plain language

regarding the health concerns that resulted in regulation of

the contaminant or contaminants concerned, as provided by

the Administrator in regulations under subparagraph (A).

OVERAGE

.—The Governor of a State may deter-

mine not to apply the mailing requirement of subparagraph

(A) to a community water system serving fewer than 10,000

persons. Any such system shall—

(i) inform, in the newspaper notice required by

clause (iii) or by other means, its customers that the

system will not be mailing the report as required by

subparagraph (A);

(ii) make the consumer confidence report available

upon request to the public; and

(iii) publish the report referred to in subparagraph

(A) annually in one or more local newspapers serving

the area in which customers of the system are located.

(D) A

LTERNATIVE TO PUBLICATION

.—For any commu-

nity water system which, pursuant to subparagraph (C), is

not required to meet the mailing requirement of subpara-

graph (A) and which serves 500 persons or fewer, the com-

munity water system may elect not to comply with clause

(i) or (iii) of subparagraph (C). If the community water sys-

tem so elects, the system shall, at a minimum—

(i) prepare an annual consumer confidence report

pursuant to subparagraph (B); and

(ii) provide notice at least once per year to each of

its customers by mail, by door-to-door delivery, by post-

ing or by other means authorized by the regulations of

the Administrator that the consumer confidence report

is available upon request.

(E) A

LTERNATIVE FORM AND CONTENT

.—A State exer-

cising primary enforcement responsibility may establish, by

rule, after notice and public comment, alternative require-

ments with respect to the form and content of consumer

confidence reports under this paragraph.

(d) Whenever, on the basis of information available to him, the

Administrator finds that within a reasonable time after national

secondary drinking water regulations have been promulgated, one

or more public water systems in a State do not comply with such

secondary regulations, and that such noncompliance appears to re-

sult from a failure of such State to take reasonable action to assure

that public water systems throughout such State meet such second-

ary regulations, he shall so notify the State.

(e) Nothing in this title shall diminish any authority of a State

or political subdivision to adopt or enforce any law or regulation re-

specting drinking water regulations or public water systems, but no

such law or regulation shall relieve any person of any requirement

otherwise applicable under this title.

(f) If the Administrator makes a finding of noncompliance (de-

scribed in subparagraph (A) or (B) of subsection (a)(1)) with respect

to a public water system in a State which has primary enforcement

responsibility, the Administrator may, for the purpose of assisting

that State in carrying out such responsibility and upon the petition

of such State or public water system or persons served by such sys-

tem, hold, after appropriate notice, public hearings for the purpose

of gathering information from technical or other experts, Federal,

State, or other public officials, representatives of such public water

system, persons served by such system, and other interested per-

sons on—

(1) the ways in which such system can within the earliest

feasible time be brought into compliance with the regulation or

requirement with respect to which such finding was made, and

(2) the means for the maximum feasible protection of the

public health during any period in which such system is not in

compliance with a national primary drinking water regulation

or requirement applicable to a variance or exemption.

On the basis of such hearings the Administrator shall issue rec-

ommendations which shall be sent to such State and public water

system and shall be made available to the public and communica-

tions media.

(g)(1) In any case in which the Administrator is authorized to

bring a civil action under this section or under section 1445 with

respect to any øregulation, schedule, or other¿ applicable require-

ment, the Administrator also may issue an order to require compli-

ance with such øregulation, schedule, or other¿ applicable require-

ment.

(2) An order issued under this subsection shall not take øeffect

until after notice and opportunity for public hearing and,¿ effect, in

the case of a State having primary enforcement responsibility for

public water systems in that State, until after the Administrator

has provided the State with an opportunity to confer with the Ad-

ministrator regarding the øproposed¿ order. A copy of any order is-

sued under this subsection shall be sent to the appropriate State

agency of the State involved if the State has primary enforcement

responsibility for public water systems in that State. Any order

øproposed to be¿ issued under this subsection shall state with rea-

sonable specificity the nature of the violation. In any case in which

an order under this subsection is issued to a corporation, a copy of

such order shall be issued to appropriate corporate officers.

(3)(A) Any person who violates, or fails or refuses to comply

with, an order under this subsection shall be liable to the United

States for a civil penalty of not more than $25,000 per day of viola-

tion.

ø(B) any failure to comply with the requirements of any sched-

ule prescribed pursuant to the variance or exemption.