<DOC>
[DOCID: f:67528.wais]


106th Congress                                                  S. Prt.
 2nd Session                COMMITTEE PRINT                      106-59

_______________________________________________________________________

                                     


                      THE SAFE DRINKING WATER ACT

                             AS AMENDED BY

                  THE SAFE DRINKING WATER ACT OF 1996

                               __________

                  0PUBLIC LAW 104-182, AUGUST 6, 1996



                                     
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


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

                               __________

                     U.S. GOVERNMENT PRINTING OFFICE
67-528CC                     WASHINGTON : 2000

              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             MAX BAUCUS, Montana
JAMES M. INHOFE, Oklahoma            DANIEL PATRICK MOYNIHAN, New York
CRAIG THOMAS, Wyoming                FRANK R. LAUTENBERG, New Jersey
CHRISTOPHER S. BOND, Missouri        HARRY REID, Nevada
GEORGE V. VOINOVICH, Ohio            BOB GRAHAM, Florida
MICHAEL D. CRAPO, Idaho              JOSEPH I. LIEBERMAN, Connecticut
ROBERT F. BENNETT, Utah              BARBARA BOXER, California
KAY BAILEY HUTCHISON, Texas          RON WYDEN, Oregon
LINCOLN CHAFEE, Rhode Island
                      Dave Conover, Staff Director
                  Tom Sliter, Minority Staff Director

                                  (ii)

  


   TABLE OF CONTENTS FOR TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT 
                   (``SAFE DRINKING WATER ACT'') \1\
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

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

                          Part A--Definitions

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

                      Part B--Public Water Systems

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

      Part C--Protection of Underground Sources of Drinking Water

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

                        Part D--Emergency Powers

Sec. 1431. Emergency powers......................................    73
Sec. 1432. Tampering with public water systems...................    74

                       Part E--General Provisions

Sec. 1441. Assurance of availability of adequate supplies of 
  chemicals necessary 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
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

  Part F--Additional Requirements To Regulate the Safety of Drinking 
                                 Water

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. [School drinking water] Federal assistance for State 
  programs regarding lead contamination in school drinking water.   124

 
                      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 [black 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) <SUP>1

           </SUP>[As amended by P.L. 104-182, August 6, 1996]

               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS


                              short title


    Sec. 1400. This title may be cited as the ``Safe Drinking 
Water Act''.

                          Part A--Definitions

                              definitions

    Sec. 1401. For purposes of this title:
---------------------------------------------------------------------------
    \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 amendments made by 
subsequent enactments.
---------------------------------------------------------------------------
            (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;
                    (C) specifies for each such contaminant 
                either--
                            (i) a maximum contaminant level, 
                        if, in the judgment of the 
                        Administrator, it is economically and 
                        technologically feasible to ascertain 
                        the level of such contaminant in water 
                        in public water systems, or
                            (ii) if, in the judgment of the 
                        Administrator, it is not economically 
                        or technologically feasible to so 
                        ascertain the level of such 
                        contaminant, each treatment 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 compliance 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 referred to in 
                this paragraph, the Administrator may add 
                equally effective quality control and testing 
                procedures by guidance published in the Federal 
                Register. Such procedures 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 judgment 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 appearance of such water and consequently may 
        cause a substantial 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.
            [(4) The] (4) Public water system.--
                    (A) In general.--The term ``public water 
                system'' means a system for the provision to 
                the public of [piped water for human 
                consumption] water for human consumption 
                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 [A] 
                (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 [B] (ii) any 
                collection or pretreatment storage facilities 
                not under such control which are used primarily 
                in connection with such system.
                    (B) Connections.--
                            (i) In 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 responsibility 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 
                                provided 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 responsibility 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 
                                provider, a pass-through 
                                entity, or the user to achieve 
                                the equivalent level of 
                                protection provided by the 
                                applicable national primary 
                                drinking water regulations.
                            (ii) Irrigation districts.--An 
                        irrigation district in existence prior 
                        to May 18, 1994, that provides 
                        primarily agricultural service through 
                        a piped water system 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 
                        system comply with subclause (II) or 
                        (III) of clause (i).
                    (C) Transition 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 
        Protection 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 Federal agency (and includes officers, 
        employees, and agents of any corporation, company, 
        association, State, municipality, or Federal agency).
            (13) [The] (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, American 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 Commonwealth of Puerto Rico.
            (14) The term ``Indian Tribe'' means any Indian 
        tribe having a Federally recognized governing body 
        carrying out substantial governmental duties and powers 
        over any area. For purposes of section 1452, the term 
        includes any Native village (as defined in section 3(c) 
        of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602(c))).
            (15) Community 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) Noncommunity water system.--The term 
        ``noncommunity water system'' means a public water 
        system that is not a community water system.

[42 U.S.C. 300f]

                      Part B--Public Water Systems

                                coverage

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

[42 U.S.C. 300g]


                  national drinking water regulations


    Sec. 1412. (a)(1) Effective on the enactment of the Safe 
Drinking Water Act Amendments of 1986, each national interim or 
revised primary drinking water regulation promulgated under 
this section before such enactment shall be deemed to be a 
national primary drinking water regulation under subsection 
(b). No such regulation shall be required to comply with the 
standards set forth in 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 [paragraph (1), (2), or (3) of subsection 
(b)] subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be proposed 
simultaneously. Whenever a national primary drinking water 
regulation is promulgated under [paragraph (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 
maximum contaminant level published before the enactment of the 
Safe Drinking Water Act Amendments of 1986.
    [(b)(1) In the case of those contaminants listed in the 
Advance Notice of Proposed Rulemaking published in volume 47, 
Federal Register, page 9352, and in volume 48, Federal 
Register, page 45502, the Administrator shall publish maximum 
contaminant level goals and promulgate national primary 
drinking water regulations--
                    [(A) not later than 12 months after the 
                enactment of the Safe Drinking Water Act 
                Amendments of 1986 for not less than 9 of those 
                listed contaminants;
                    [(B) not later than 24 months after such 
                enactment for not less than 40 of those listed 
                contaminants; and
                    [(C) not later than 36 months after such 
                enactment for the remainder of such listed 
                contaminants.
            [(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 paragraph (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 contaminant referred to in such 
        paragraph. There may be no more than 7 contaminants in 
        paragraph (1) for which substitutions may be made. 
        Regulation of a contaminant identified under this 
        paragraph shall be in accordance with the schedule 
        applicable to the contaminant for which the 
        substitution is made.
                    [(B) If the Administrator identifies one or 
                more contaminants for substitution under this 
                paragraph, the Administrator shall publish in 
                the Federal Register not late than one year 
                after the enactment of the Safe Drinking Water 
                Act Amendments of 1986 a list of contaminants 
                proposed for substitution, the contaminants 
                referred to in paragraph (1) for which 
                substitutions are to be made, and the basis for 
                the judgment that regulation of such proposed 
                substitute contaminants is more likely to be 
                protective 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 
                responses to significant comments.
                    [(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 
                January 1, 1988, pursuant to paragraph (3)(A).
                    [(D) The Administrator's decision to 
                regulate a contaminant identified pursuant to 
                this paragraph in lieu of a contaminant 
                referred to in paragraph (1) shall not be 
                subject to judicial review.
            [(3)(A) The Administrator shall publish maximum 
        contaminant level goals and promulgate national primary 
        drinking water regulations for each contaminant (other 
        than a contaminant referred to in paragraph (1) or (2) 
        for which a national primary drinking water regulation 
        was promulgated) which, in the judgment of the 
        Administrator, may have any adverse effect on the 
        health of persons and which is known or anticipated to 
        occur in public water systems. Not later than January 
        1, 1988, and at 3-year intervals thereafter, the 
        Administrator shall publish a list of contaminants 
        which are known or anticipated to occur in public water 
        systems and which may require regulation under this 
        Act.
                    [(B) For the purpose of establishing the 
                list under subparagraph (A), the Administrator 
                shall form an advisory working group including 
                members from the National Toxicology Program 
                and the Environmental Protection Agency's 
                Offices of Drinking Water, Pesticides, Toxic 
                Substances, Ground Water, Solid Waste and 
                Emergency Response and any others the 
                Administrator deems appropriate. The 
                Administrator's consideration of priorities 
                shall include, but not be limited to, 
                substances referred to in section 101(14) of 
                the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980, and 
                substances registered as pesticides under the 
                Federal Insecticide, Fungicide, and Rodenticide 
                Act.
                    [(C) Not later than 24 months after the 
                listing of contaminants 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).
                    [(D) Not later than 36 months after the 
                listing of contaminants under subparagraph (A), 
                the Administrator shall publish a maximum 
                contaminant goal and promulgate a national 
                primary drinking water regulation for those 
                contaminants for which proposed maximum 
                contaminant level goals and proposed national 
                primary drinking water regulations were 
                published under subparagraph (C).]
    (b) Standards._
            (1) Identification of contaminants for listing._
                    (A) General authority.--The Administrator 
                shall, in accordance with the procedures 
                established by this subsection, 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 enactment 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, regulation of such 
                        contaminant presents a meaningful 
                        opportunity for health risk reduction 
                        for persons served by public water 
                        systems.
                    (B) Regulation of unregulated 
                contaminants.--
                            (i) Listing of contaminants for 
                        consideration.--(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, 
                        including 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 regulation, 
                        which are known or anticipated to occur 
                        in public 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 Comprehensive 
                        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) Determination 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 included on the list 
                        published under clause (i), make 
                        determinations of whether or not to 
                        regulate such contaminants.
                            (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 public 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 regulate a contaminant 
                        shall be considered final agency action 
                        and subject to judicial review.
                            (iii) Review.--Each document 
                        setting forth the determination for a 
                        contaminant under clause (ii) shall be 
                        available for public comment at such 
                        time as the determination is published.
                    (C) Priorities.--In selecting unregulated 
                contaminants for consideration under 
                subparagraph (B), the Administrator shall 
                select contaminants that present the greatest 
                public health concern. The Administrator, in 
                making such selection, shall take into 
                consideration, among other factors of public 
                health concern, the effect of such contaminants 
                upon subgroups that comprise a meaningful 
                portion of the general population (such as 
                infants, children, pregnant women, the elderly, 
                individuals with a history of serious illness, 
                or other subpopulations) that are identifiable 
                as being at greater risk of adverse health 
                effects due to exposure to contaminants in 
                drinking water than the general population.
                    (D) Urgent threats to public health.--The 
                Administrator may promulgate an interim 
                national primary drinking water regulation for 
                a contaminant without making 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 director of the National 
                Institutes of Health. A determination for any 
                contaminant in accordance with paragraph (4)(C) 
                subject to an interim regulation under this 
                subparagraph shall be issued, and a completed 
                analysis meeting the requirements of paragraph 
                (3)(C) shall be published, not later than 3 
                years after the date on which the regulation is 
                promulgated and the regulation shall be 
                repromulgated, or revised if appropriate, not 
                later than 5 years after that date.
                    (E) Regulation.--For each contaminant that 
                the Administrator 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 
                Administrator shall propose the maximum 
                contaminant level goal and national primary 
                drinking water regulation for a contaminant not 
                later than 24 months after the determination 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 proposal thereof. 
                The Administrator, by notice in the Federal 
                Register, may extend the deadline for such 
                promulgation for up to 9 months.
                    (F) Health advisories and other actions.--
                The Administrator may publish health advisories 
                (which are not regulations) or take other 
                appropriate actions for contaminants not 
                subject to any national primary drinking water 
                regulation.
            (2) Schedules and deadlines.--
                    (A) In general.--In the case of the 
                contaminants listed in the Advance Notice of 
                Proposed Rulemaking published in volume 47, 
                Federal Register, page 9352, and in volume 48, 
                Federal Register, page 45502, the Administrator 
                shall publish maximum contaminant level goals 
                and promulgate 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) Substitution of contaminants.--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 
                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 regulating the contaminant referred to 
                in subparagraph (A). Substitutions may be made 
                for not more than 7 contaminants referred to in 
                subparagraph (A). Regulation of a contaminant 
                identified under this subparagraph shall be in 
                accordance with the schedule applicable to the 
                contaminant for which the substitution is made.
                    (C) Disinfectants 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 Disinfection 
                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 completed as 
                expeditiously as practicable but no later than 
                a revised date that reflects the interval or 
                intervals for the rules in the schedule.
            (3) Risk assessment, management, and 
        communication.--
                    (A) Use 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) Public information.--In carrying out 
                this section, the Administrator shall ensure 
                that the presentation of information on public 
                health effects is comprehensive, informative, 
                and understandable. The Administrator shall, in 
                a document made available to the public in 
                support of a regulation promulgated under this 
                section, specify, to the extent 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 Administrator 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 
                        scientific data.
                    (C) Health risk reduction and cost 
                analysis.--
                            (i) Maximum contaminant levels.--
                        When proposing any national primary 
                        drinking water regulation that includes 
                        a maximum contaminant level, the 
                        Administrator shall, with respect to a 
                        maximum contaminant level that is being 
                        considered in accordance with paragraph 
                        (4) and each alternative maximum 
                        contaminant level that is being 
                        considered pursuant to paragraph (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 
                                contaminant level, excluding 
                                benefits resulting from 
                                compliance with other proposed 
                                or promulgated regulations.
                                    (III) Quantifiable and 
                                nonquantifiable costs for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such costs are likely to 
                                occur solely as a result of 
                                compliance with the maximum 
                                contaminant level, including 
                                monitoring, treatment, and 
                                other costs and excluding costs 
                                resulting from compliance with 
                                other proposed or promulgated 
                                regulations.
                                    (IV) The incremental costs 
                                and benefits associated with 
                                each alternative maximum 
                                contaminant level considered.
                                    (V) The effects of the 
                                contaminant on the general 
                                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 associated with co-
                                occurring contaminants.
                                    (VII) Other relevant 
                                factors, including the quality 
                                and extent of the information, 
                                the uncertainties in the 
                                analysis supporting subclauses 
                                (I) through (VI), and factors 
                                with respect to the degree and 
                                nature of the risk.
                            (ii) Treatment techniques.--When 
                        proposing a national primary drinking 
                        water regulation that includes a 
                        treatment technique in accordance with 
                        paragraph (7)(A), the Administrator 
                        shall publish and seek public comment 
                        on an analysis of the health risk 
                        reduction 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) Approaches to measure and 
                        value benefits.--The Administrator may 
                        identify valid approaches 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) Authorization.--There are 
                        authorized to be appropriated to the 
                        Administrator, acting through the 
                        Office of Ground Water and Drinking 
                        Water, to conduct studies, assessments, 
                        and analyses in support of regulations 
                        or the development of methods, 
                        $35,000,000 for each of fiscal years 
                        1996 through 2003.
            [(4) Each] (4) Goals and standards.--
                    (A) Maximum contaminant level goals.--Each 
                maximum contaminant level goal established 
                under this subsection shall be set at the level 
                at which no known or anticipated adverse 
                effects on the health of persons occur and 
                which allows an adequate margin of safety.
                     [Each national] (B) Maximum contaminant 
                levels.--Except as provided in paragraphs (5) 
                and (6), each national primary drinking water 
                regulation for a contaminant for which a 
                [maximum level] maximum contaminant level goal 
                is established under this subsection shall 
                specify a [maximum level] maximum contaminant 
                level for such contaminant which is as close to 
                the maximum contaminant level goal as is 
                feasible.
                    (C) Determination.--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).
                    [(5) For the] (D) Definition of feasible.--
                For the purposes of this subsection, the term 
                ``feasible'' means feasible with the use of the 
                best technology, treatment techniques and other 
                means which the Administrator finds, after 
                examination for efficacy under field conditions 
                and not solely under laboratory conditions, are 
                available (taking cost into consideration). For 
                the purpose of [paragraph 4] this paragraph, 
                granular activated carbon is feasible for the 
                control of synthetic organic chemicals, and any 
                technology, treatment technique, or other means 
                found to be the best available for the control 
                of synthetic organic chemicals must be at least 
                as effective in controlling synthetic organic 
                chemicals as granular activated carbon.
                    [(6) Each national] (E) Feasible 
                technologies.--
                            (i) In general.--Each national 
                        primary drinking water regulation which 
                        establishes a maximum contaminant level 
                        shall list the technology, treatment 
                        techniques, and other means which the 
                        Administrator finds to be feasible for 
                        purposes of meeting such maximum 
                        contaminant level, but a regulation 
                        under [this 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) List of technologies for small 
                        systems.--The Administrator shall 
                        include in the list any technology, 
                        treatment technique, or other means 
                        that is affordable, as determined by 
                        the Administrator in consultation with 
                        the States, for small 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;
                        and that achieves compliance with the 
                        maximum contaminant 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 include in the 
                        list any point-of-use treatment 
                        technology, treatment technique, or 
                        other means to achieve compliance with 
                        a maximum contaminant level or 
                        treatment technique requirement for a 
                        microbial contaminant (or an indicator 
                        of a microbial contaminant). If the 
                        American 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 maximum 
                        contaminant level or treatment 
                        technique requirement unless they are 
                        independently certified in accordance 
                        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) List of technologies that 
                        achieve compliance.--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 
                        compliance with the maximum contaminant 
                        level or treatment technique for each 
                        category of public water systems 
                        described in subclauses (I), (II), and 
                        (III) of clause (ii) for each national 
                        primary drinking water regulation 
                        promulgated prior to the date of 
                        enactment of this paragraph.
                            (iv) Additional technologies.--The 
                        Administrator may, at any time after a 
                        national primary drinking water 
                        regulation has been promulgated, 
                        supplement 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) Technologies 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 described in 
                        subclauses (I), (II), and (III) of 
                        clause (ii).
            (5) Additional health risk considerations.--
                    (A) In 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 contaminants in drinking water; 
                        or
                            (ii) interfering with the efficacy 
                        of drinking water treatment techniques 
                        or processes that are used to comply 
                        with other national primary drinking 
                        water regulations.
                    (B) Establishment of level.--If the 
                Administrator establishes a maximum contaminant 
                level or levels or requires 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 techniques, or other means 
                        required to meet the level or levels 
                        shall not be more stringent than is 
                        feasible (as defined in paragraph 
                        (4)(D)).
            (6) Additional health risk reduction and cost 
        considerations.--
                    (A) In general.--Notwithstanding paragraph 
                (4), if the Administrator determines based on 
                an analysis conducted under paragraph (3)(C) 
                that the benefits of a maximum contaminant 
                level promulgated in accordance with paragraph 
                (4) would not justify the costs of complying 
                with the level, the Administrator may, after 
                notice and opportunity for public comment, 
                promulgate a maximum contaminant level for the 
                contaminant that maximizes health risk 
                reduction benefits at a cost that is justified 
                by the benefits.
                    (B) Exception.--The Administrator shall not 
                use the authority of this paragraph to 
                promulgate a maximum contaminant level for a 
                contaminant, if the benefits of compliance 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 unlikely, 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 contaminant 
                is found almost exclusively in small systems 
                eligible under section 1415(e) for a small 
                system variance.
                    (C) Disinfectants and disinfection 
                byproducts.--The Administrator may not use the 
                authority of this paragraph to establish a 
                maximum contaminant level in a Stage I or Stage 
                II national primary drinking water regulation 
                (as described in paragraph (2)(C)) for 
                contaminants that are disinfectants or 
                disinfection byproducts, or to establish a 
                maximum contaminant level or treatment 
                technique requirement for the control of 
                cryptosporidium. The authority of this 
                paragraph may be used to establish regulations 
                for the use of disinfection by systems relying 
                on ground water sources as required by 
                paragraph (8).
                    (D) Judicial review.--A determination by 
                the Administrator 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 
national primary drinking water regulation that requires the 
use of a treatment technique in lieu of establishing a maximum 
contaminant level, if the Administrator makes a finding that it 
is not economically 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 accordance 
with section 1415(a)(3).
    (B) Any schedule referred to in this subsection for the 
promulgation of a national primary drinking water regulation 
for any contaminant shall apply in the same manner if the 
regulation requires a treatment technique in lieu of 
establishing a maximum contaminant 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 
regulations specifying criteria under which filtration 
(including coagulation 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 consider the quality of source waters, 
protection afforded by watershed management, treatment 
practices (such as disinfection and length of water storage) 
and other factors relevant to protection of health.
    (ii) In lieu of the provisions of section 1415 the 
Administrator shall specify procedures by which the State 
determines which public water systems within its jurisdiction 
shall adopt filtration under the criteria of clause (i). The 
State may require the public water system to provide studies or 
other information to assist in this determination. 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 
requirement. 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 necessary regulations to implement this 
subparagraph. Within 12 months of adoption of such regulations 
the State shall make determinations 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 
activities in, those watersheds, if the State determines (and 
the Administrator concurs) that the quality of the source water 
and the alternative 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).
            [(8) Not later than 36 months after the enactment 
        of the Safe Drinking Water Act Amendments of 1986, the 
        Administrator shall propose and promulgate] 
        Disinfection.--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 disinfection 
        byproducts (as described in paragraph (2)(C)), the 
        Administrator shall also promulgate national primary 
        drinking water regulations requiring disinfection as a 
        treatment technique for all public water systems, 
        including surface water systems and, as necessary, 
        ground water systems. After consultation 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 section 1413, shall apply to 
        determine whether disinfection shall be required as a 
        treatment technique for any public water system served 
        by ground water. The Administrator shall simultaneously 
        promulgate a rule specifying criteria that will be used 
        by the Administrator (or delegated State authorities) 
        to grant variances from this requirement according to 
        the provisions of sections 1415(a)(1)(B) and 
        1415(a)(3). In implementing section [1442(g)] 1442(e) 
        the Administrator or the delegated State authority 
        shall, where appropriate, give special consideration to 
        providing technical assistance to small public water 
        systems in complying with the regulations promulgated 
        under this paragraph.
            [(9) National primary drinking water regulations 
        shall be amended whenever changes in technology, 
        treatment techniques, and other means permit greater 
        protection of the health of persons, but in any event 
        such regulations shall be 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 previous 3-year period and that may Drovide for 
        greater protection 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 
        technology, treatment techniques, or other means 
        resulting from such innovations or changes are not 
        feasible within the meaning of Daraaraph (5), an 
        explanation of such conclusion shall be pubished in the 
        Federal Register.]
            (9) Review 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.
            [National primary drinking water regulations 
        promulgated under this subsection (and amendments 
        thereto) shall take effect eighteen months after the 
        date of their promulgation. Regulations under 
        subsection (a) shall be superseded by regulations under 
        this subsection to the extent provided by the 
        regulations under this subsection.]
            (10) Effective 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 Administrator 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 Administrator or State (in the case of an 
        individual system) determines that additional time is 
        necessary for capital improvements.
            (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) Certain contaminants.--
                    (A) Arsenic.--
                            (i) Schedule and standard.--
                        Notwithstanding the deadlines set forth 
                        in paragraph (1), the Administrator 
                        shall promulgate a national primary 
                        drinking water regulation for arsenic 
                        pursuant to this subsection, in 
                        accordance with the schedule 
                        established by this paragraph.
                            (ii) Study plan.--Not later than 
                        180 days after the date of enactment of 
                        this paragraph, the Administrator shall 
                        develop a comprehensive plan for study 
                        in support of drinking water rulemaking 
                        to reduce the uncertainty in assessing 
                        health risks associated with exposure 
                        to low levels of arsenic. In conducting 
                        such study, the Administrator shall 
                        consult with the National Academy of 
                        Sciences, other Federal agencies, and 
                        interested public and private entities.
                            (iii) Cooperative agreements.--In 
                        carrying out the study plan, the 
                        Administrator may enter into 
                        cooperative agreements with other 
                        Federal agencies, State and local 
                        governments, and other interested 
                        public and private entities.
                            (iv) Proposed regulations.--The 
                        Administrator shall propose a national 
                        primary drinking water regulation for 
                        arsenic not later than January 1, 2000.
                            (v) Final regulations.--Not later 
                        than January 1, 2001, after notice and 
                        opportunity for public comment, the 
                        Administrator shall promulgate a 
                        national primary drinking water 
                        regulation for arsenic.
                            (vi) Authorization.--There are 
                        authorized to be appropriated 
                        $2,500,000 for each of fiscal years 
                        1997 through 2000 for the studies 
                        required by this paragraph.
                    (B) Sulfate.--
                            (i) Additional 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-response relationship for 
                        the adverse human health effects that 
                        may result from exposure to sulfate in 
                        drinking water, including the health 
                        effects that may be experienced by 
                        groups within the general population 
                        (including 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 consultation with 
                        interested States, shall be based on 
                        the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective 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) Determination.--The Administrator 
                shall include sulfate among the 5 or more 
                contaminants for which a determination is made 
                pursuant to paragraph (3)(B) not later than 5 
                years after the date of enactment of the Safe 
                Drinking Water Act Amendments of 1996.
                    (iii) Proposed 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, 
                promulgate a final national primary drinking 
                water regulation for sulfate. Any such 
                regulation shall include requirements for 
                public notification and options for the 
                provision of alternative 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) Radon in drinking water.--
                    (A) National primary drinking water 
                regulation.--Notwithstanding paragraph (2), the 
                Administrator shall withdraw any national 
                primary drinking water regulation for radon 
                proposed prior to the date of enactment of this 
                paragraph and shall propose and promulgate a 
                regulation for radon under this section, as 
                amended by the Safe Drinking Water Act 
                Amendments of 1996.
                    (B) Risk assessment and studies.--
                            (i) Assessment by nas.--Prior to 
                        proposing a national primary drinking 
                        water regulation for radon, the 
                        Administrator shall arrange for the 
                        National Academy 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 
                        associated 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) Study of other measures.--The 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        an assessment of the health risk 
                        reduction benefits associated with 
                        various mitigation measures to reduce 
                        radon levels in indoor air. The 
                        assessment may be conducted as part of 
                        the risk assessment authorized by 
                        clause (i) and shall be used by the 
                        Administrator to prepare the guidance 
                        and approve State programs under 
                        subparagraph (G).
                            (iii) Other organization.--If the 
                        National Academy of Sciences declines 
                        to prepare the risk assessment or 
                        studies required by this subparagraph, 
                        the Administrator shall enter into a 
                        contract or cooperative agreement with 
                        another independent, scientific 
                        organization to prepare such 
                        assessments or studies.
                    (C) Health risk reduction and cost 
                analysis.--Not later than 30 months after the 
                date of enactment of this paragraph, the 
                Administrator shall publish, and seek public 
                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 published under subparagraph 
                (D).
                    (D) Proposed regulation.--Not later than 36 
                months after the date of enactment of this 
                paragraph, the Administrator shall propose a 
                maximum contaminant level goal and a national 
                primary drinking water regulation for radon 
                pursuant to this section.
                    (E) Final 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 
                assessment 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) Alternative 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 alternative 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 average concentration of radon in 
                outdoor air. If the Administrator 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 guidelines shall take into account 
                data from existing radon mitigation programs 
                and the assessment of mitigation measures 
                prepared under subparagraph (B).
                    (G) Multimedia radon mitigation programs.--
                            (i) In general.--A State may 
                        develop and submit a multimedia program 
                        to mitigate radon levels in indoor air 
                        for approval by the Administrator under 
                        this subparagraph. If, after notice and 
                        the opportunity for public comment, 
                        such program is approved by the 
                        Administrator, 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 primary drinking water 
                        regulation promulgated under 
                        subparagraph (E).
                            (ii) Elements 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 effectiveness of elements in State 
                        programs shall be evaluated by the 
                        Administrator based on the assessment 
                        prepared by the National Academy of 
                        Sciences under subparagraph (B) and the 
                        guidelines published by the 
                        Administrator under subparagraph (F).
                            (iii) Approval.--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 subparagraph 
                        (E). The Administrator shall approve or 
                        disapprove a program submitted under 
                        this paragraph within 180 days of 
                        receipt. A program that is not 
                        disapproved during such period shall be 
                        deemed approved. A program that is 
                        disapproved may be modified to address 
                        the objections of the Administrator and 
                        be resubmitted for approval.
                            (iv) Review.--The Administrator 
                        shall periodically, 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, withdraw 
                        approval of programs that no longer 
                        comply with such requirements.
                            (v) Extension.--If, within 90 days 
                        after the promulgation of an 
                        alternative maximum contaminant level 
                        under subparagraph (F), the Governor of 
                        a State submits a letter to the 
                        Administrator committing to develop a 
                        multimedia mitigation program under 
                        this subparagraph, the effective date 
                        of the national primary drinking water 
                        regulation for radon in the State that 
                        would be applicable under paragraph 
                        (10) shall be extended for a period of 
                        18 months.
                            (vi) Local programs.--In the event 
                        that a State chooses not to submit a 
                        multimedia mitigation program for 
                        approval under this subparagraph or has 
                        submitted a program that has been 
                        disapproved, any public water system in 
                        the State may submit a program 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 compliance by the public 
                        water system with the maximum 
                        contaminant level for radon promulgated 
                        under subparagraph (E).
            (14) Recycling 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) Variance technologies._
                    (A) In general.--At the same time as the 
                Administrator promulgates a national primary 
                drinking water regulation for a contaminant 
                pursuant to this section, the Administrator 
                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 consultation with the States, 
                for public water systems of varying 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 contaminant level or treatment 
                technique requirement of such regulation, but 
                shall achieve the maximum reduction or 
                inactivation efficiency that is affordable 
                considering the size of the system and the 
                quality of the source water. The guidance or 
                regulations shall not require the use of a 
                technology from a specific manufacturer or 
                brand.
                    (B) Limitation.--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.
                    (C) Additional information.--The 
                Administrator shall include in the guidance or 
                regulations identifying variance technologies 
                under this paragraph any assumptions supporting 
                the public health determination referred to in 
                subparagraph (B), where such assumptions 
                concern the public water system to which the 
                technology may be applied, 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) Regulations 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 
                promulgated 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 
                primary drinking water regulation has been 
                promulgated, issue guidance or regulations 
                describing additional variance 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 requirements of this 
                paragraph and achieve an equal or greater 
                reduction or inactivation efficiency than the 
                variance technologies previously identified 
                under this subparagraph. No public water system 
                shall be required to replace a variance 
                technology during the useful life of the 
                technology for the sole reason that a more 
                efficient variance technology has been listed 
                under this subparagraph.
    (c) The Administrator shall publish proposed national 
secondary 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 subsection may be amended from time to 
time.
    (d) Regulations under this section shall be prescribed in 
accordance with section 553 of title 5, United States Code 
(relating to rulemaking), except that the Administrator shall 
provide opportunity for public hearing prior to promulgation of 
such regulations. In proposing and promulgating regulations 
under this section, the Administrator shall consult with the 
Secretary 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 appropriate, within the time period applicable for 
promulgation of the national primary drinking water standard 
concerned. This subsection shall, under no circumstances, be 
used to delay final promulgation of any national primary 
drinking water standard.

[42 U.S.C. 300g-1]

                state primary enforcement responsibility

    Sec. 1413. (a) For purposes of this title, a State has 
primary enforcement responsibility for public water systems 
during any period for which the Administrator determines 
(pursuant to regulations prescribed under subsection (b)) that 
such State--
            [(1) has adopted drinking water regulations which 
        are no less stringent than the national primary 
        drinking water regulations 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 
        appropriate, adequate documentation from the State, the 
        Administrator determines that the extension is 
        necessary and justified;
            (2) has adopted and is implementing adequate 
        procedures for the enforcement of such State 
        regulations, including conducting such monitoring and 
        making such inspections as the Administrator may 
        require by regulation;
            (3) will keep such records and make such reports 
        with respect to its activities under paragraphs (1) and 
        (2) as the Administrator 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 exemptions 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; 
        [and]
            (5) has adopted and can implement an adequate plan 
        for the provision of safe drinking water under 
        emergency circumstances including earthquakes, floods, 
        hurricanes, and other natural disasters, as 
        appropriate[.]; and
            (6) has adopted authority for administrative 
        penalties (unless 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 violation; 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 determination 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 
Administrator 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 Register. The Administrator shall 
promptly notify in writing the chief executive officer of each 
State of the promulgation of regulations 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 submitted (A) make the determination applied 
for, or (B) deny the application and notify the applicant in 
writing of the reasons for his denial.
    (c) Interim Primary Enforcement Authority.--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 revised 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

    Sec. 1414. (a)(1)(A) Whenever the Administrator finds 
during a period during which a State has primary enforcement 
responsibility for public water systems (within the meaning of 
section 1413(a)) that any public water system--
            (i) for which a variance under section 1415 or an 
        exemption under section 1416 is not in effect, does not 
        comply with [any national primary drinking water 
        regulation in effect under section 1412] any applicable 
        requirement, or
            (ii) for which a variance under section 1415 or an 
        exemption 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 
provide such advice and technical assistance to such State and 
public water system as may be appropriate to bring the system 
into compliance [with such regulation or requirement] with the 
requirement by the earliest feasible time.
    (B) If, beyond the thirtieth day after the Administrator's 
notification under subparagraph (A), the State has not 
commenced appropriate enforcement action, the Administrator 
shall issue an order under subsection (g) requiring the public 
water system to comply with such [regulation or] applicable 
requirement or the Administrator shall commence a civil action 
under subsection (b).
            [(2) Whenever, on the basis of information 
        available to him, the Administrator finds during a 
        period during which a State does not have primary 
        enforcement responsibility for public water systems 
        that a public water system in such State--
                    [(A) for which a variance under section 
                1415(a)(2) or an exemption under section 
                1416(f) is not in effect, does not comply with 
                any national primary drinking water regulation 
                in effect under section 1412, or
                    [(B) for which a variance under section 
                1415(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) requiring the public water system to comply with 
        such regulation or requirement or the Administrator 
        shall commence a civil action under subsection (b).]
            (2) Enforcement in nonprimacy states.--
                    (A) In general.--If, on the basis of 
                information available to the Administrator, the 
                Administrator finds, with respect 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 
                        comply 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 requirement, or 
                commence a civil action under subsection (b).
                    (B) Notice.--If the Administrator takes any 
                action pursuant to this paragraph, the 
                Administrator shall notify an appropriate local 
                elected official, if any, with jurisdiction 
                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 
appropriate United States district court to require compliance 
with [a national primary drinking water regulation] any 
applicable requirement, 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), or
            (2) if requested by (A) the chief executive officer 
        of the State in which is located the public water 
        system which is not in compliance with such regulation 
        or requirement, or (B) the agency of such State which 
        has jurisdiction over compliance by public water 
        systems in the State with national primary drinking 
        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 requirement with respect to 
which the action was brought, the court may, taking into 
account the seriousness of the violation, the population at 
risk, and other appropriate factors, impose on the violator a 
civil penalty of not to exceed $25,000 for each day in which 
such violation occurs.
    [(c) Each owner or operator of a public water system shall 
give notice to the persons served by it--
    [(1) of any failure on the part of the public water system 
to--
            [(A) comply with an applicable maximum contaminant 
        level or treatment technique requirement of, or a 
        testing procedure prescribed by, a national primary 
        drinking water regulation, or
            [(B) perform monitoring required by section 
        1445(a), and
    [(2) if the public water system is subject to a variance 
granted under section 1415(a)(1)(A) or 1415(a)(2) for an 
inability to meet a maximum contaminant level requirement or is 
subject to an exemption granted under section 1416, of--
            [(A) the existence of such variance or exemption, 
        and
            [(B) any failure to comply with the requirements of 
        any schedule prescribed pursuant to the variance or 
        exemption.
    [The 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 
regulations 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 potential 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 adverse health effect shall be given 
as soon as possible, but in no case later than 14 days after 
the violation. Notice of a continuous violation of a regulation 
other than a maximum contaminant level shall be given no less 
frequently than every 3 months. Notice of violations judged to 
be less serious shall be given no less frequently than 
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 correct 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 contaminant required to be monitored 
under section 1445(a). Any person who violates this subsection 
or regulations issued under this subsection shall be subject to 
a civil penalty of not to exceed $25,000.]
    (c) Notice to Persons Served.--
            (1) In 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 contaminant 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 exemption.
                    (C) Notice of the concentration level of 
                any unregulated contaminant for which the 
                Administrator has required public notice 
                pursuant to paragraph (2)(E).
            (2) Form, manner, and frequency of notice.--
                    (A) In general.--The Administrator shall, 
                by regulation, 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 
                        intermittent or infrequent and 
                        violations that are continuous or 
                        frequent; and
                            (ii) take into account the 
                        seriousness of any potential adverse 
                        health effects that may be involved.
                    (B) State requirements.--
                            (i) In general.--A State may, by 
                        rule, establish alternative 
                        notification requirements--
                                    (I) with respect to the 
                                form and content of notice 
                                given under and in a manner in 
                                accordance with subparagraph 
                                (C); and
                                    (II) with respect to the 
                                form and content of notice 
                                given under subparagraph (D).
                            (ii) Contents.--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) Relationship to section 
                        1413.--Nothing in this subparagraph 
                        shall be construed or applied to modify 
                        the requirements of section 1413.
                    (C) Violations with potential to have 
                serious adverse effects on human health.--
                Regulations issued under subparagraph (A) shall 
                specify notification procedures 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 explanation 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 
                        responsibility 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 regulations of the 
                        State agency, or on a case-by-case 
                        basis after the consultation referred 
                        to in clause (iii), considering 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 
                                notification in lieu of 
                                notification by means of 
                                broadcast media or newspaper.
                    (D) Written notice.--
                            (i) In general.--Regulations issued 
                        under subparagraph (A) shall specify 
                        notification procedures for violations 
                        other than the violations covered by 
                        subparagraph (C). The procedures shall 
                        specify that a public water system 
                        shall provide written notice to each 
                        person served by the system by notice 
                        (I) in the first bill (if any) prepared 
                        after the date of occurrence of the 
                        violation, (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) Form and manner of notice.--
                        The Administrator shall prescribe the 
                        form and manner of the notice to 
                        provide a clear and readily 
                        understandable explanation 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) Unregulated 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 
                concentration levels of an unregulated 
                contaminant required to be monitored under 
                section 1445(a).
            (3) Reports.--
                    (A) Annual report by state.--
                            (i) In 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 
                        submit to the Administrator an annual 
                        report on violations of national 
                        primary drinking water regulations by 
                        public water systems in the State, 
                        including violations with respect to 
                        (I) maximum contaminant levels, (II) 
                        treatment requirements, (III) variances 
                        and exemptions, and (IV) monitoring 
                        requirements determined to be 
                        significant by the Administrator after 
                        consultation with the States.
                            (ii) Distribution.--The State shall 
                        publish and distribute summaries of the 
                        report and indicate where the full 
                        report is available for review.
                    (B) Annual report by administrator.--Not 
                later than July 1, 1998, and annually 
                thereafter, the Administrator shall prepare and 
                make available to the public an annual report 
                summarizing and evaluating reports submitted by 
                States pursuant to subparagraph (A) and notices 
                submitted by public water systems serving 
                Indian Tribes provided to the Administrator 
                pursuant to subparagraph (C) or (D) of 
                paragraph (2) and making recommendations 
                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 
                assistance provided by the Administrator on 
                Indian reservations, and shall make specific 
                recommendations concerning the resources needed 
                to improve compliance with this title on Indian 
                reservations.
            (4) Consumer confidence reports by community water 
        systems.--
                    (A) Annual reports to consumers.--The 
                Administrator, in consultation with public 
                water systems, environmental groups, public 
                interest groups, risk communication experts, 
                and the States, and other interested parties, 
                shall issue regulations within 24 months after 
                the date of enactment 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 drinking water purveyed by that system 
                (referred to in this paragraph as a ``consumer 
                confidence report''). Such regulations shall 
                provide a brief and plainly worded definition 
                of the terms ``maximum contaminant level 
                goal'', ``maximum contaminant 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 
                reasonably be expected to be present in 
                drinking water, including bottled water. The 
                regulations shall also provide for an 
                Environmental Protection Agency toll-free 
                hotline that consumers can call for more 
                information and explanation.
                    (B) Contents of report.--The consumer 
                confidence reports under this paragraph shall 
                include, but not be limited 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 regulation of such 
                        contaminant, as provided by the 
                        Administrator in regulations under 
                        subparagraph (A).
                            (iv) Information on compliance with 
                        national primary 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 contaminants for which 
                        monitoring is required under section 
                        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 information about 
                        contaminants and potential health 
                        effects can be obtained by calling the 
                        Environmental Protection Agency 
                        hotline.
                A public water system may include such 
                additional information as it deems appropriate 
                for public education. The Administrator may, 
                for not more than 3 regulated contaminants 
                other than those referred to in subclause (IV) 
                of clause (iii), require a consumer confidence