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Safe Drinking Water Act Amendments of 1996
GENERAL GUIDE TO PROVISIONS
Environmental Protection Agency
Office of Ground Water and Drinking Water |
August 1996 |
The Safe Drinking Water Act Amendments of 1996 (PL
104-182) establish a new charter for the nation's public water systems, States, and the
Environmental Protection Agency in protecting the safety of drinking water. The amendments
include, among other things, new prevention approaches, improved consumer information,
changes to improve the regulatory program, and funding for States and local water systems.
President Clinton signed the Amendments on
August 6, 1996. Copies are available from the Government Printing Office (tel. 202/512-1808;
fax 202/512-2250).
This General Guide provides a subject-indexed overview of
the new amendments. The guide will be supplemented with additional summaries and explanatory
materials now under preparation by the Environmental Protection Agency.
TABLE OF CONTENTS
ASSESSMENT PROGRAMS, PROGRAM ELEMENTS, TIME FRAME FOR
ASSESSMENTS, USE OF OTHER AUTHORITIES, ASSESSMENT LINK TO
ALTERNATIVE MONITORING, DWSRF FUNDS OR ASSESSMENTS,
DEMONSTRATION PROJECT, PETITION PROGRAM, CONTAMINANTS ADDRESSED
BY PETITIONS, RESPONSE TO PETITIONS, USE OF CLEAN WATER ACT FUNDS,
GRANTS FOR STATE PROGRAMS, WELLHEAD PROTECTION, NEW YORK CITY
WATERSHED
GROUND WATER GRANTS FOR STATES, GROUND WATER GRANT GUIDANCE,
REPORT TO CONGRESS
NEW SYSTEM AUTHORITY, SYSTEMS IN SIGNIFICANT NONCOMPLIANCE, STATE
CAPACITY DEVELOPMENT STRATEGIES, CONTENT OF STATE STRATEGY, EPA
INFORMATION, EFFECT OF REGULATIONS ON CAPACITY, REPORT ON STATE
PROGRESS, LINK TO SRF ASSISTANCE, FINANCE CENTERS, TECHNOLOGY
ASSISTANCE CENTERS
CERTIFICATION PARTNERSHIP, CERTIFICATION GUIDELINES, STATE PROGRAMS,
TRAINING REIMBURSEMENT
II. CONSUMER INFORMATION
CONSUMER CONFIDENCE REPORTS, COVERAGE, EPA REGULATIONS, HOTLINE,
BOTTLED WATER CONSUMER STUDY
GENERAL REQUIREMENTS, VIOLATIONS WITH SERIOUS EFFECTS, OTHER
VIOLATIONS, STATE REPORTS, EPA REPORTS
GENERAL AUTHORITY, GOOD SCIENCE, OCCURRENCE DATABASE,
CONTAMINANT LIST, DETERMINATION OF WHETHER TO REGULATE, URGENT
THREATS
RISK COMMUNICATION, COST-BENEFIT ANALYSIS, SETTING MCLs, STANDARD
SETTING FLEXIBILITY, LIMITATION ON FLEXIBILITY, RISK-RISK
CONSIDERATIONS, JUDICIAL REVIEW, REVIEW OF STANDARDS, GROUND WATER
DISINFECTION, EFFECTIVE DATE OF REGULATIONS, FILTER BACKWASH,
REGULATION DEVELOPMENT FUNDING, BOTTLED WATER STANDARDS
ARSENIC STUDY PLAN, ARSENIC DEADLINES, SULFATE STUDY AND
REGULATION, RADON STUDY BY NAS, RADON STANDARD, ALTERNATIVE RADON
STANDARD, STATE MULTIMEDIA RADON PROGRAMS, REVIEW OF MULTIMEDIA
RADON PROGRAMS, SCHEDULE FOR MICROBIAL/DISINFECTION BYPRODUCTS,
DBP STANDARD-SETTING AND RISK-RISK, DBP STANDARD-SETTING
BIOLOGICAL MECHANISMS, MICROBIAL/DBP STUDIES, WATERBORNE DISEASE
STUDIES ANDINFORMATION, SENSITIVE SUBPOPULATIONS, SCREENING FOR
ESTROGENIC SUBSTANCES, RESEARCH FUNDS, STRATEGIC PLAN, KERR LAB
AFFORDABLE TECHNOLOGIES, SURFACE WATER TREATMENT RULE, VARIANCE
TECHNOLOGY, SMALL SYSTEM VARIANCES, REGULATIONS FOR VARIANCES,
BLOCK ON CERTAIN VARIANCES, VARIANCE TIME FRAMES, AFFORDABILITY
CRITERIA, CHANGE TO EXISTING VARIANCE PROCESS, REVIEW OF VARIANCES,
TECHNOLOGY INFORMATION, EXEMPTIONS
INFORMATION COLLECTION, REVIEW OF MONITORING REQUIREMENTS, INTERIM
MONITORING RELIEF, PERMANENT ALTERNATIVE MONITORING, EPA GUIDANCE,
UNREGULATED CONTAMINANT MONITORING, SMALL AND MEDIUM SYSTEM
MONITORING PLAN, RESULTS REPORTING, AUTHORIZATION, ANALYTICAL
METHODS
ADMINISTRATIVE ORDERS, PENALTY CAP, PENALTY PROCESS, CONSOLIDATION
INCENTIVE, ENFORCEABLE REQUIREMENTS, NOTIFICATION OF LOCAL
OFFICIALS, EMERGENCY AUTHORITY PENALTY
ESTABLISHMENT, ALLOTMENT AND ELIGIBILITY, LINK TO PRIMACY, LINK TO
CAPACITY DEVELOPMENT, LINK TO OPERATOR CERTIFICATION, USE OF FUNDS,
INTENDED USE PLANS, STATE MATCH, SET-ASIDES, OTHER USES
OF FUNDS, COMBINED FINANCIAL ADMINISTRATION, TRANSFER OF FUNDS,
REGULATIONS AND GUIDANCE, AUDITS, NEEDS SURVEY, WATER
CONSERVATION
TIME FRAME FOR STATE PRIMACY, ADMINISTRATIVE PENALTY
REQUIREMENT FOR PRIMACY, INTERIM PRIMACY, PUBLIC WATER
SYSTEM SUPERVISION GRANTS, EPA PRIMACY
SOVEREIGN IMMUNITY, REVIEW OF ORDERS, CITIZEN ACTION
LEAD LEACHING STANDARD, LEAD PROHIBITION, LIMITED
ALTERNATIVE TO FILTRATION, GRANTS FOR ALASKA NATIVE
VILLAGES, RELATIONSHIP OF GRANTS TO DWSRF, WASHINGTON
AQUEDUCT, DRINKING WATER FUNDS FOR COLONIAS,
WASTEWATER FUNDS FOR COLONIAS, ZEBRA MUSSEL CONTROL,
DEFINITIONAL CHANGE FOR ANALYTIC METHODS, DEFINITION OF
COMMUNITY/NONCOMMUNITY SYSTEM, OPEN CONVEYANCES,
RETURN FLOWS
GRANT AUTHORITY, USE OF GRANTS, FUNDING LEVELS
I. PREVENTION APPROACHES
SOURCE WATER PROTECTION
ASSESSMENT PROGRAMS: Establishes a new Section 1453 for source water quality
assessments. States with PWSS primacy shall submit source water assessment programs to EPA
for approval. EPA is required to publish guidance to States by August 6, 1997. States must
submit their program to EPA no later than 18 months after EPA publishes guidance. A State
program is automatically approved 9 months after submittal to EPA unless EPA disapproves
program. [1453] Sec. 132(a)
PROGRAM ELEMENTS: A State assessment program is required to: (1) delineate the
boundaries of the areas providing source waters for public water systems, and (2) identify (to the
extent practicable) the origins of regulated and certain unregulated contaminants in the delineated
area to determine the susceptibility of public water systems to such contaminants. [1453] Sec.
132(a)
TIME FRAME FOR ASSESSMENTS: Assessments are to be completed for all public water
systems within 2 years after EPA approval of the State's program. EPA may extend this period
up to 18 months taking into account funds made available to the State under the Drinking Water
State Revolving Fund (DWSRF). States shall make the results of the source water assessments
available to the public. [1453] Sec. 132(a)
USE OF OTHER AUTHORITIES: To avoid duplication, assessments may make use of sanitary
surveys, State wellhead protection programs, pesticide State management plans, State watershed
initiatives including efforts under the Surface Water Treatment Rule, and efforts under the Federal
Water Pollution Control Act (Clean Water Act). [1453] Sec. 132(a)
ASSESSMENT LINK TO ALTERNATIVE MONITORING: For a State to tailor alternative
monitoring requirements for pubic water systems under a new permanent monitoring relief
authority (Section 1418), a State must have an EPA approved source water assessment program.
Any public water system seeking alternative monitoring requirements under a State's permanent
monitoring relief authority must have a complete source water assessment. [1453] Sec. 132(a)
DWSRF FUNDS FOR SOURCE WATER PROTECTION: A State may use up to 10% of its
DWSRF allotment in both FY 1996 and 1997 to delineate and assess source water protection
areas. Loans may also be used to acquire land or conservation easements to protect source
waters and to implement voluntary measures to facilitate compliance. A State may use up to an
additional 10% of its DWSRF allotment to administer or provide technical assistance through
source water protection programs. [1452(g), (k)] Sec. 130
DEMONSTRATION PROJECT: EPA is to conduct a demonstration project of the most effective
and protective means of assessing and protecting source waters serving large metropolitan areas
and located on Federal lands. [1453] Sec. 132(a)
PETITION PROGRAM: A new authority is established for a source water petition program.
States may establish a program to receive, approve and respond to petitions from a public water
system operator/ owner or local government entity to assist in the development of voluntary local
incentive-based partnerships to (1) reduce the presence of contaminants, (2) provide financial or
technical assistance requested, and (3) develop recommendations for voluntary, long-term source
water protection strategies. [1454] Sec. 133(a)
CONTAMINANTS ADDRESSED BY PETITIONS: Petitions may address only either
pathogenic organisms which are regulated (or for which regulation is required) or contaminants
detected that are not found "reliably and consistently" below the MCL. [1454] Sec. 133(a)
RESPONSE TO PETITIONS: In responding to source water petitions, a State is to provide, at a
minimum, information on: priority of the public health concern identified by the petition; funds
available; and technical/financial assistance available from other Federal and State programs,
including the DWSRF and programmatic grants of the CWA, Section 6217 of the Coastal Zone
Act, Title XI of the Food Security Act, sole source aquifer, wellhead protection, pesticide-ground
water management plans, etc. [1454] Sec. 133(a)
USE OF CLEAN WATER ACT FUNDS: A "Sense of Congress" provision states that priorities
established under section 606(c) of the Federal Water Pollution Control Act give special
consideration to projects recommended pursuant to local source water petitions. [Free standing--
does not amend SDWA] Sec.133(b)
GRANTS FOR STATE PROGRAMS: By August 7, 1997, EPA is to publish guidance to assist
States in developing source water quality protection partnership programs, and to assist local
governments and community water systems in developing partnerships and assessing source water
quality. State grants of $5 million are authorized to carry out such programs. [1454(c)] Sec.
133(a) Also, up to 10% of a State's DWSRF allotment can be used by States for responding to
petitions. [1452(g), (k)] Sec. 130
WELLHEAD PROTECTION: Annual funding for States wellhead protection programs is
reauthorized for FYs 1997-2003 at $30 million, underground injection control programs at $15
million, and critical aquifer protection at $15 million. [1428(k)] Sec. 120. States may use up to
10% of their DWSRF allotment to implement their wellhead protection programs. [1452(g)] Sec.
130
NEW YORK CITY WATERSHED: Establishes the New York City watershed protection
program. EPA is authorized to provide financial assistance to State of New York for
demonstration projects implemented as part of the watershed program for the protection and
enhancement of the quality of source waters of the New York City water supply system. Within 5
years, the Governor of New York is to provide EPA with a report on the results of funded
projects. $15 million grant to New York is authorized for each fiscal year 1997 to 2003.
[1443(d)] Sec. 128
STATE GROUND WATER PROTECTION
GROUND WATER GRANTS FOR STATES: Establishes a new Section 1429 for state ground
water protection programs. EPA may make grants to States to develop programs to ensure
coordinated and comprehensive protection of ground water resources within the State. $15
million is authorized for State grants for each fiscal year 1997 to 2003. [1429] Sec. 131
GROUND WATER GRANT GUIDANCE: By August 6, 1997, and annually thereafter, EPA is
to publish guidance establishing procedures for State grant applications. [1429] Sec. 131
REPORT TO CONGRESS: By August, 1999, and every three years thereafter, EPA is to report
to Congress on the quality of the Nation's ground waters and effectiveness of State programs for
ground water protection. [1429] Sec. 131
CAPACITY DEVELOPMENT
NEW SYSTEM AUTHORITY: By October 1, 1999, each State must obtain the authority to
ensure that new community water systems and non-transient noncommunity water systems have
the technical, financial, and managerial capacity to meet National Primary Drinking Water
Regulations. A State will receive only 80% of its DWSRF allotment unless the State has such
authority. [1420(a)] Sec. 119
SYSTEMS IN SIGNIFICANT NONCOMPLIANCE: States must prepare and submit to EPA by
August 6, 1997 (and periodically update) a list of community water systems and non-transient,
non-community water systems that have a history of significant noncompliance, and the reasons
for their noncompliance. States must report to EPA in 5 years on the success of efforts to assist
small systems in improving capacity. [1420(b)] Sec.119
STATE CAPACITY DEVELOPMENT STRATEGIES: States are required to establish capacity
development strategies to assist systems in developing and maintaining technical, financial and
management capacity. States not developing and implementing a strategy receive only 90% of
their DWSRF allotment in Fiscal Year 2001; 85% in 2002; and 80% in each subsequent fiscal
year. [1420(c)] Sec. 119. The total withholding for all capacity development provisions may not
exceed 20%. [1452(a)(1)(G)]. Sec. 130
CONTENT OF STATE STRATEGY: In preparing its capacity development strategy, each State
shall: consider the criteria it will use to identify public water supplies most in need of improved
capacity; describe factors that encourage or impair capacity development; describe how the State
will use its authorities to assist systems in complying, encourage partnerships between systems,
and assist in training/certification of operators; describe how the State will measure progress; and
identify parties interested in capacity development [1420(c)] Sec. 119
EPA INFORMATION: Within 180 days of enactment, EPA is to conduct a review of existing
State capacity development efforts and publish information to assist States and water systems in
capacity development efforts. Within 2 years of enactment EPA is to develop guidance, in
consultation with the States, describing legal authorities and other means to ensure that new
systems demonstrate technical, financial, and managerial capacity. [1420(d)] Sec. 119
EFFECT OF REGULATIONS ON CAPACITY: When promulgating new regulations, EPA must
include an analysis of the likely effect of regulations on the technical, financial, and managerial
capacity of water systems. [1420(d)(3)] Sec. 119
REPORT ON STATE PROGRESS: States must make available to the public a report to the
Governor (within 2 years and every 3 years thereafter) on the efficacy of their capacity
development strategy and progress in improving water system capacity. [1420(c)(3)] Sec. 119
LINK TO DWSRF ASSISTANCE: Systems that are in significant noncompliance or lack
technical, financial and managerial capacity to ensure compliance may not receive DWSRF
assistance unless the assistance will ensure compliance and, where the system lacks capacity, the
system agrees to undertake appropriate changes, as the State deems necessary, to ensure capacity.
[1452(a)(3)] Sec. 130
FINANCE CENTERS: EPA is authorized to provide initial funding for one or more
university-based environmental finance centers (including a national public water system capacity
development clearinghouse) that would provide technical assistance to State and local officials in
developing the financial and managerial capacity of public water systems. $1,500,000 is
authorized for each fiscal year 1997-2003. [1420(g)] Sec. 119
TECHNOLOGY ASSISTANCE CENTERS: EPA is authorized to make grants to universities to
establish and operate small public water system technology assistance centers. The centers would
conduct training and technical assistance relating to the information, performance, and technical
needs of small water systems. Criteria are provided for EPA to use to select grant recipients. $2
million is authorized for each of the fiscal years 1997 through 1999 and $5 million for each of the
fiscal years 2000 through 2003. [1420(f)] Sec. 119
OPERATOR CERTIFICATION
CERTIFICATION PARTNERSHIP: Within 180 days EPA must initiate a partnership with
States, Public Water Systems, and the public to develop information on recommended operator
certification requirements. The information developed through this partnership must be published
within 18 months of enactment. [1420(d)] Sec. 119
CERTIFICATION GUIDELINES: Within 30 months of enactment, in cooperation with the
States, EPA must publish guidelines specifying minimum standards for certification and
recertification of operators of community and nontransient, noncommunity water systems.
[1419(a)] Existing State programs are to be considered substantially equivalent to the guidelines
unless the existing program fails to achieve the overall public health objectives of the guidelines.
[1419(c)] Sec. 123
STATE PROGRAMS: Beginning 2 years after guidelines are published, 20% of a State's DWSRF
allotment will be withheld if the State is not implementing an operator certification program.
[1419(b)] Sec. 123
TRAINING REIMBURSEMENT: EPA, through grants to the States (allocated on the basis of
"reasonable costs"), is required to reimburse training and certification costs for operators of
systems serving fewer than 3,300, including per diem for unsalaried operators, who are required
to undergo training as a result of the Federal requirement. Grants of $30 million are authorized,
and DWSRF funds may used if appropriations are not sufficient. [1419(d)] Sec. 123
II. CONSUMER INFORMATION
CONSUMER AWARENESS
CONSUMER CONFIDENCE REPORTS: Community water systems are to prepare an annual
"consumer confidence
report" on the source of their drinking water and the levels of contaminants found in the drinking
water. The report is to
be sent to all customers by mail. The report is required annually, and must include: (1)
information on the source of
drinking water, (2) brief definitions of terms, (3) (if regulated contaminants are found) the MCLG,
MCL, and the level
found, (4) (if MCL is violated) information on health effects, and (5) information on levels of
unregulated contaminants (if
required by EPA regulations). [1414(c)] Sec. 114(a)
COVERAGE: Governors may allow systems serving fewer than 10,000 persons to publish the
report in a local news-
paper, in lieu of mailing. Governors may also allow systems serving fewer than 500 people to
notify customers that the
report is available, in lieu of mailing. The report is required annually. States may adopt
alternative requirements for
the form and content of consumer confidence reports (through State regulation). [1414(c)(4)]
Sec. 114(a)
EPA REGULATIONS: EPA must issue regulations within 2 years of enactment, that establish the
requirements for the
consumer confidence reports. These regulations must be developed in consultation with public
water systems,
environmental groups, public interest groups, risk communication experts, and the States. The
regulations must
include plainly worded definitions of "maximum contaminant level goal," "maximum contaminant
level," "variances,"
and "exemptions," as well as plain-language explanations of the health concerns associated with
contaminants.
[1414(c)] Sec. 114(a)
HOTLINE: EPA is required to have a Hotline for consumers to provide more information on
drinking water contaminants
and potential health effects. [1414(c)] Sec. 114(a)
BOTTLED WATER CONSUMER STUDY: The Food and Drug Administration is required to
publish in 18 months for
public comment, a study on the feasibility of appropriate methods for informing consumers of the
contents of bottled
water. The final study is to be done in 30 months. [1414(c)] Sec. 114(b)
PUBLIC NOTIFICATION
GENERAL REQUIREMENTS: Clarifies general requirements for public notification of
violations of any MCL, treatment
technique, testing procedure, or monitoring requirement, and the existence or violation of a
variance or exemption.
The general requirement includes unregulated contaminants if (as in the old law) notice is required
by EPA regulations.
The basis for EPA's public notification regulation is altered to clarify those violations requiring 24
hour notice and those
that may be provided at a later date. States are allowed to adopt alternative "form and content"
of public notice
through State regulation. [1414(c)] Sec. 114(a)
VIOLATIONS WITH SERIOUS EFFECTS: Notices for violations with potential to have
"serious adverse effect" must
contain an explanation of the violation, the potential health effects, what the system is doing to
correct the problem, and
whether consumers need to use an alternate source of water. Recipients of such notices must
include consumers and
the State. Notices must be given by "appropriate" broadcast media and newspaper serving area,
or posted door-to-door in lieu of broadcast media/newspaper. Notices must be given within 24
hours after occurrence of violation.
[1414(c)] Sec. 114(a)
OTHER VIOLATIONS: EPA is to prescribe the form and manner of the notice for violations that
do not have the potential
to have a "serious adverse effect." Persons served by a system must receive the notice in the first
bill after the violation,
in an annual report, or by mail or direct delivery within a year. [1414(c)] Sec. 114(a)
STATE REPORTS: Each State is required to prepare an annual report on violations. States are
also required to publish
and distribute summaries of the report and specify where the full report is available. The first
report is due on January
1, 1998. [1414(c)] Sec. 114(a)
EPA REPORTS: EPA is required to prepare an annual report summarizing States' reports and
public notices submitted
by Indian Tribes. The report will include EPA recommendations on resources needed to improve
compliance and will
discuss EPA enforcement activity against, and financial assistance to, Indian reservations. EPA's
first report is due in
July, 1998. [1414(c)] Sec. 114(a)
III. REGULATORY PROGRAM
CONTAMINANT SELECTION
GENERAL AUTHORITY: EPA's general authority to set an MCLG and to regulate a
contaminant is modified to apply to
contaminants that: may adversely effect human health; are known or likely to occur at a
frequency and level of public
health concern in public water systems; and for which regulation presents a meaning-ful
opportunity for health risk
reduction for persons served by public water systems. [Section 1412(b)] Sec. 102(a)
GOOD SCIENCE: Continues the old law's requirement that EPA consult with the EPA's Science
Advisory Board and
National Drinking Water Advisory Council in promulgating regulations. A provision is added
requiring EPA to use the
"best available, peer-reviewed science" and data collected by accepted or best available methods
in carrying out
science-related actions under Section 1412 ("National Drinking Water Regulations"). [1412(b)]
Sec.103
OCCURRENCE DATABASE: EPA must establish an occurrence database within 3 years of
enactment. In establishing
the database, EPA must solicit recommendations from the Science Advisory Board, States, and
other interested parties.
The database is to include information on unregulated contaminants for which monitoring is
required by EPA, and
regulated contaminants detected at quantifiable levels (whether or not the level constitutes a
violation of a standard).
The information in the database must be made available to the public in a readily accessible form.
[1445(g)] Sec. 126
CONTAMINANT LIST: Within 18 months of enactment and every 5 years thereafter, EPA will
publish a list of
contaminants not subject to any proposed or final national primary drinking water regulation and
which are known or
anticipated to occur in public water systems and may require regulation. In developing the list,
EPA must consult with
the scientific community, allow for public comment, and consider the occurrence database
(established under Section
1445). [1412(b)] Sec. 102(a)
DETERMINATION OF WHETHER TO REGULATE: The requirement that EPA regulate 25
additional contaminants every 3
years is eliminated. Instead, starting five years from the date of enactment and every 5 years
thereafter, EPA is
required to determine whether or not to regulate at least 5 of the contaminants listed as potential
contaminants for
regulation (see "contaminant list" above). EPA is directed to make determinations for
contaminants that present the
greatest public health concern. In selecting such contaminants, EPA must take into consideration
the effect of
contaminants upon sensitive subpopulations, such as infants, children, pregnant women, the
elderly, and individuals
with a history of serious illness. Within 2 years after a determination to regulate a contaminant,
EPA must propose a
maximum contaminant level goal and national primary drinking water regulation. EPA must
publish an MCLG and
final national primary drinking water regulation 18 months thereafter. [1412(b)] Sec. 102(b)
(related to "25 every 3
years") and Sec. 104(a) (related to "determination")
URGENT THREATS: EPA (after consultation with the Department of Health and Human
Services) may issue interim
regulations for any contaminant which poses an urgent threat to human health without making the
usual
"determination to regulate" (see above) and completing the cost-benefit analysis (see "standards
and regulation
development" below). However a cost-benefit analysis and the required determination (to
regulate or not) must be
done within 3 years after the interim rule, and the rule must be repromulgated or revised if
necessary. [1412(b)] Sec.
102(a)
STANDARDS AND REGULATION
DEVELOPMENT
RISK COMMUNICATION: In support of each regulation, EPA must make available to the
public a document that
specifies, to the extent practicable, the population addressed by the regulation; the central, upper
and lower estimates
of risk; significant uncertainties and studies that would help resolve uncertainties; and
peer-reviewed studies that
support or fail to support estimates. [1412(b)] Sec. 103
COST-BENEFIT ANALYSIS: Whenever EPA proposes a national primary drinking water
regulation, EPA must publish a
cost-benefit analysis. The analysis for alternative MCLs must include, among other things,
consideration of effects on
sensitive subpopulations. The analysis for treatment technique regulations must take into account
"as appropriate"
the cost and benefit factors required for an MCL regulation. EPA may identify health benefit
measurement and valua-
tion methods, including consumer "willingness to pay" for reductions in health risks. [1412(b)]
Sec. 103
SETTING MCLs: The new law retains the old requirement that MCLs be set as close to MCLGs
"as is feasible," except
when EPA determines that the cost of a standard at that level are not justified by the benefits, or
when certain "risk-risk"
considerations apply. [1412(b)] Sec. 104
STANDARD SETTING FLEXIBILITY: When EPA proposes an MCL, EPA must publish a
determination as to whether the
costs of the standard are justified by the benefits. If EPA determines that the costs of an MCL are
not justified by the
benefits, the law allows EPA to set an MCL that maximizes health risk reduction benefits at a cost
that is justified by the
benefits. [1412(b)(6)] Sec. 104
LIMITATION ON FLEXIBILITY: EPA cannot use the authority to adjust the MCL from the
feasible level if the benefits are
justified (at the feasible level) for systems that serve 10,000 or more persons and for systems that
are unlikely to receive
a variance. [1412(b)(6)] Sec. 104
RISK-RISK CONSIDERATIONS: EPA may consider "risk-risk" tradeoffs when setting an MCL.
An MCL may be set at a
level other than the feasible level if the technology to meet the MCL would increase health risk by
(i) increasing
concentration of other contaminants in drinking water, or (ii) interfering with treatment used to
comply with other
primary drinking water regulations. When establishing such an MCL, EPA shall (i) minimize
overall risk by balancing
both the risk reductions from treating the individual contaminant with possible side-effects of such
treatment on
concentrations of other contaminants, and (ii) assure that the combination of treatments for the
individual contaminant
and other contaminants shall not be more stringent than the "feasible" standard. [1412(b)(5)] Sec.
104
JUDICIAL REVIEW: EPA's determination of whether an MCL's benefits justify the cost is
judicially reviewable only as part
of a Court's review of the associated primary drinking water regulation. [1412(b)(6)] Sec. 104
REVIEW OF STANDARDS: The requirement for EPA to review every regulation is changed
from 3 years to 6 years. EPA
shall revise national primary drinking water standards, as appropriate. Any revisions must be in
accordance with the
new provisions of section 1412, except that each revision "shall maintain, or provide for greater,
protection of the health
of persons." [1412(b)(9)] Sec. 104(c)
GROUND WATER DISINFECTION: EPA shall issue regulations requiring disinfection "as
necessary" for ground water
systems. These regulations shall be issued at any time after August 1999 and no later than the
final disinfection
byproducts Stage II rule. After consultation with the States, EPA shall promulgate criteria for
determining whether
disinfection shall be required as a treatment technique for groundwater systems. [1412(b)(8)]
Sec. 107
EFFECTIVE DATE OF REGULATIONS: National primary drinking water regulations shall take
effect 3 years from date of
promulgation unless EPA determines an earlier date is "practicable." An additional 2 years for
compliance may be
provided if necessary for capital improvements. [1412(b)(10)] Sec. 108
FILTER BACKWASH: Not later than August 2000, EPA shall promulgate a regulation for filter
backwash recycling within
the treatment process of public water supply systems, unless such recycling has been addressed in
the Enhanced
Surface Water Treatment Rule prior to that date. [1412(b)(14)] Sec. 110
REGULATION DEVELOPMENT FUNDING: $35 million is authorized for conducting studies,
assessments, and analyses
in support of regulations or the development of methods for fiscal years 1996-2003.
[1412(b)(3)(C)] Sec. 103
BOTTLED WATER STANDARDS: FDA is required to regulate the same contaminants in
bottled water that EPA regulates
in public water supplies, unless the FDA makes a finding that such a regulation is not necessary to
protect public
health. The standard of quality regulation for bottled water shall be "no less stringent" than the
MCL established by a
national primary drinking water regulation, and the regulations must include appropriate
monitoring requirements.
[Section 410 of the Federal Food, Drug, and Cosmetic Act] Sec. 305
ARSENIC, SULFATE, RADON, DISINFECTION
BYPRODUCTS
ARSENIC STUDY PLAN: 180 days after enactment, EPA must develop an arsenic study plan to
assess health risks
associated with exposure to low levels of arsenic. In conducting this study, EPA must consult
with, and may enter into a
cooperative agreement with, the National Academy of Sciences (NAS), other Federal agencies,
and interested
stakeholders. [1412(b)(12)(A)] Sec. 109(a)
ARSENIC DEADLINES: EPA must propose an arsenic national primary drinking water
regulation by January 1, 2000 and
issue a final regulation by January 1, 2001. [1412(b)(12)(A)] Sec. 109(a)
SULFATE STUDY AND REGULATION: Prior to regulating sulfate, EPA and CDC must
conduct a study of the dose
response relationship for adverse human health effects from sulfate in drinking water, including
effects on populations
at greater risk. The study shall be completed not later than 30 months after the date of enactment.
Sulfate must be
among the 5 contaminants considered for regulation in the first 5 year cycle. If sulfate is
regulated, "notification" and
"alternative" water must be included as means of compliance. [1412(b)(12)(B)] Sec. 109(a)
RADON STUDY BY NAS: EPA will arrange for the NAS to prepare a risk assessment for radon
and an assessment of
risk reduction benefits from various mitigation measures. [1412(b)(13)] Sec. 109(b)
RADON STANDARD: Within 30 months of enactment, EPA will publish a health risk reduction
and cost analysis
associated with possible maximum contaminant levels. Within 3 years after enactment, EPA is to
propose a maximum
contaminant level goal and drinking water regulation for radon. The final rule must be
promulgated 1 year thereafter.
[1412(b)(13)] Sec. 109(b)
ALTERNATIVE RADON STANDARD: EPA is required to also establish an "alternative MCL"
for radon if the MCL is set a
level that is "more stringent than necessary to reduce the contribution to radon in indoor air from
drinking water to a
concentration that is equivalent to the national average concentration of radon in outdoor air."
The level of the
alternative MCL is linked to average outdoor radon levels. If an alternative MCL is established,
then EPA must publish
guidelines for States to develop multimedia radon programs. [1412(b)(13)] Sec. 109(b)
STATE MULTIMEDIA RADON PROGRAMS: Water systems may comply with the alternative
MCL in a State that submits
a multimedia radon program that is approved by EPA. EPA approval is required if a State's
program is expected to
achieve risk reduction benefits that are equal or greater than the benefits that would be achieved
by implementing the
(regular) MCL. EPA's approval or disapproval is required within 180 day of receipt of the State
submittal. The
compliance date of the radon regulation is extended for 18 months in a State if the Governor of a
State submits a letter
to EPA (within 90 days after the regulation is promulgated) committing to develop a multimedia
program. [1412(b)(13)] Sec. 109(b)
REVIEW OF MULTIMEDIA RADON PROGRAMS: EPA is to review State multimedia
programs every 5 years, and may
withdraw approval of programs that do not meet the approval requirements (achieving equal or
greater risk reduction).
Individual public water systems may also submit mitigation programs where a State fails to submit
a program or where
the State program is disapproved. [1412(b)(13)] Sec. 109(b)
SCHEDULE FOR MICROBIAL/ DISINFECTION BYPRODUCTS: EPA will promulgate an
Interim Enhanced Surface
Water Treatment rule, a Final Enhanced Surface Water Treatment Rule, a Stage I Disinfectants
and Disinfection Bypro-
ducts Rule, and a Stage II Disinfection Byproducts Rule in accordance with a February 10, 1994
Federal Register
notice. If schedule delays occur, all subsequent rules must be completed no later than a revised
date reflecting the
intervals for the rule. [1412(b)(8)] Sec. 102
DBP STANDARD-SETTING AND RISK-RISK: EPA may use "risk-risk" considerations in
setting DBP Stage I and II
standards. The considerations used in proposing the DBP rule in 1994 (developed through a
regulatory negotiation)
"shall be treated as consistent" with the risk-risk authority for the purpose of finalizing the DBP
regulations. [Free
standing provision -- does not amend SDWA.] Sec. 104(b)
DBP STANDARD-SETTING: EPA may not use the standard setting flexibility (1412(b)(6)(A)0
to establish an MCL in Stage
I and Stage II of the DBP rule, or for Cryptosporidium. EPA may use such authority to establish
ground water
disinfection regulations. [1412(b)(6)(C)] Sec. 104(a)(b)
DRINKING WATER STUDIES AND
RESEARCH
BIOLOGICAL MECHANISMS: EPA must conduct studies to understand the mechanisms by
which chemicals cause
adverse effects and on new approaches for studying the adverse effects of contaminant mixtures in
drinking water.
[1458(b)] Sec. 137
MICROBIAL/DBP STUDIES: Within 180 days of enactment EPA, after consultation with HHS
and USDA, must conduct
studies to support the development of the DBP/microbial pathogen rules. The authorization to
conduct the studies is
$12.5 million annually for 1997- 2003. The studies must include: toxicological and, if warranted,
epidemiological studies
to determine the adverse effects from disinfectants and disinfectant by-products; and the
development of
dose-response curves for Cryptosporidium and Norwalk virus. [1458(c)] Sec. 137
WATERBORNE DISEASE STUDIES AND INFORMATION: Within 2 years of enactment,
EPA and CDC must conduct pilot
waterborne disease occurrence studies for at least 5 major U.S. communities or public water
systems and within 5
years of enactment must prepare a report on the findings and provide a national estimate of
waterborne disease
occurrence. EPA and CDC must establish a national training and public education campaign to
educate professional
health care providers and the general public about waterborne disease and the symptoms that may
be caused by
infectious agents, including microbial contaminants. The authorization for these activities is $3
million/year for 1997
through 2001. [1458(d)] Sec. 137
SENSITIVE SUBPOPULATIONS: Within 4 years of enactment, and periodically as new data
becomes available, EPA
must conduct studies to identify subpopulations at greater risk (e.g., infants, children, pregnant
women) than the
general public of adverse health effects from exposure to contaminants in drinking water, and
report to Congress on
the results of studies. [1458(a)] Sec. 137
SCREENING FOR ESTROGENIC SUBSTANCES: EPA may conduct testing under Section
408(p) of the Food, Drug and
Cosmetic Act screening program for substances that may be found in sources of drinking water in
which a substantial
population may be exposed. [1457] Sec. 136
RESEARCH FUNDS: Funds "as may be necessary" are authorized for research, not to exceed
$26.593 million, for
drinking water research for fiscal years 1997-2003. Title II--Sec. 201
STRATEGIC PLAN: EPA must develop a strategic plan for drinking water research and transmit
this plan to Congress
and the public for review (no deadlines included for completing the plan). Title II--Sec. 202]
KERR LAB: EPA is allowed to re-establish a partnership between the Kerr Environmental
Research Lab and the
National Center for Ground Water Research to conduct research, training, and technology
transfer for ground water
quality (no funds are authorized for this activity). Title II--Sec. 203
SMALL SYSTEMS TECHNOLOGY, VARIANCES, AND
EXEMPTIONS
AFFORDABLE TECHNOLOGIES: When promulgating new national primary drinking water
regulations, EPA is to
identify technologies that are affordable and which achieve compliance for categories of systems
serving fewer than
10,000. Technologies may include packaged or modular systems and point-of-use (POU)/
point-of-entry (POE) units
under the control of the water system (no POU for microbial contaminants). [1412(b)(4)(E)] Sec.
105
SURFACE WATER TREATMENT RULE (SWTR): EPA must within 1 year list small system
technologies that meet the
SWTR. Within 2 years, EPA (in consultation with the States) must list technologies that achieve
compliance with all
existing regulations. [1412(b)(4)(E)] Sec. 105
VARIANCE TECHNOLOGY: Whenever an affordable technology cannot be identified that
meets an MCL, EPA is
required to identify "variance technologies" that are affordable, but do not necessarily meet the
MCL. Such
technologies shall "achieve the maximum reduction or inactivation efficiency that is affordable
considering the size of
the system and the quality of the source water." EPA is to issue guidance on variance
technologies for existing
regulations within 2 years. [1412(b)(15)] Sec.111(a)
SMALL SYSTEM VARIANCES: States are authorized to grant variances from standards for
systems serving up to 3,300
people if the system cannot afford to comply (through treatment, an alternative source, or
restructuring) and the system
installs the variance technology. The terms of the variance must ensure adequate protection of
human health. States
can grant variances to systems serving 3,300-10,000 people with EPA approval. [1415(e)] Sec.
116
REGULATIONS FOR VARIANCES: Within 2 years, EPA, in consultation with the States, must
promulgate regulations for
variances. Regulations must specify procedures to be used to grant or deny variances,
requirements for the installa-
tion and proper operation of variance technologies, eligibility criteria for a variance, and
information requirements for
variance applications. [1415(e)(7)] Sec. 116(a)
BLOCK ON CERTAIN VARIANCES: Variances are not available for microbial contaminants or
for contaminants
regulated prior to 1986. [1415(e)(6)] Sec. 116
VARIANCE TIME FRAMES: A variance must require compliance with its conditions within 3
years of the date it is issued.
States may allow an additional 2 years when needed. [1415(e)(4)] States must review variances
every 5 years following
the compliance date established in the variance.[1415(e)(5)] Sec. 116
AFFORDABILITY CRITERIA: Within 18 months of enactment, EPA, in consultation with the
States and the Rural Utilities
Service of the Department of Agriculture, must publish information to assist States in developing
affordability criteria to
use in making variance determinations. [1415(e)(7)(B)] Sec. 116
CHANGE TO EXISTING VARIANCE PROCESS: The process for variances (retained from the
old law) is streamlined by
allowing a system to receive a variance "on the condition" that the system install the BAT, rather
than after the
installation of the technology, as previously required under SDWA. (NOTE: This change applies
to ALL system sizes,
not just small systems.) [1415(a)(1)(A)] Sec. 115
REVIEW OF VARIANCES: EPA must review/approve variances for systems serving
3,300-10,000 people. EPA may
review and object to any proposed variance. Consumers of water systems for which a State
proposes a variance may
petition EPA to object to a variance. States must respond to EPA objections before granting a
variance. [1415(e)(10)]
Sec. 116
TECHNOLOGY INFORMATION: EPA may request information from manufacturers, States,
and other interested
persons on the effectiveness of commercially available treatment systems and technologies for the
purpose of
developing guidance or regulations related to small system technologies and variances. [1445(h)]
Sec. 111(b)
EXEMPTIONS: In granting exemptions, a State may consider whether a community may be
defined as
"disadvantaged" for the purpose of receiving DWSRF funds, or whether DWSRF funds are
reasonably likely to be
received. States must determine whether management or restructuring changes (or both) would
improve water quality
or achieve compliance before granting an exemption. Schedules for compliance must include
"increments of
progress" (retained from old law) or "measures to develop an alternative source of water supply"
(new law). A system
is not eligible for an exemption if the system receives a small system variance. The period of an
exemption is
lengthened from 1 year (old law) to 3 years. Eligibility for renewable exemptions is expanded
from systems serving
fewer than 500 service connections (approximately 1500 persons) under the old law, to systems
serving fewer than
3,300 persons. Renewals are limited to a total of 6 years. [1416] Sec. 117
MONITORING
INFORMATION COLLECTION: Previous law is modified to clarify that EPA may collect
information from "every person
who is subject to any requirement of this title or who is a grantee." By regulation, EPA may
require information to assist
in developing standards, determining compliance, and evaluating health risk or advising the public
of risks. EPA may
require information without rulemaking to determine, on a case-by-case basis, whether a person
has or is acting in
compliance. EPA may also require information without rulemaking to assist in developing
standards, but EPA may not
require the installation of treatment, testing of technologies, or analysis of monitoring samples
unless EPA provides
funding. [1445(a)] Sec. 125(a)
REVIEW OF MONITORING REQUIREMENTS: Within two years after enactment, EPA is
required to review the monitor-ing requirements for at least 12 contaminants and promulgate any
necessary modifications. [1445(a)] Sec. 125(a)
INTERIM MONITORING RELIEF: A State may modify the monitoring requirements for public
water systems serving
10,000 or fewer persons for any regulated or unregulated contaminant (except for microbial
contaminants, disinfection
byproducts, or corrosion byproducts) so that no further quarterly monitoring be required if initial
monitoring fails to
detect the presence of the contaminant, and the State determines that the contaminant is unlikely
to be detected by
further monitoring. This monitoring relief will end when permanent monitoring relief is adopted
or 36 months after
enactment. [1418] Sec. 125(b)
PERMANENT ALTERNATIVE MONITORING: A State exercising primary enforcement
authority for public water systems
may adopt permanent alternative monitoring requirements in accordance with EPA guidelines, if
the State has an
approved source water assessment program. The States alternative monitoring program must be
adequate to assure
compliance with, and enforcement of, applicable drinking water regulations. The alternative
requirements may not
apply to regulated microbial contaminants or indicators thereof (e.g., Giardia, coliform),
disinfectants or disinfection
by-products, or corrosion by-products. [1418] Sec. 125(b)
EPA GUIDANCE: EPA must issue guidelines for alternative monitoring requirements at the same
time as guidelines for
source water assessments (under section 1453). EPA may also approve alternative monitoring
requirements for
systems in a State that does not have primacy. [1418] Sec. 125(b)
UNREGULATED CONTAMINANT MONITORING: EPA must issue regulations establishing
criteria for the monitoring of
unregulated contaminants. Monitoring shall vary based on system size, source water, and
contaminants likely to be
found. Only a representative sample of systems serving 10,000 persons or fewer must monitor.
EPA shall list for
unregulated contaminant monitoring no more than 30 contaminants within 3 years after
enactment, and every 5 years
thereafter. Results of the monitoring are to be included in the national contaminant occurrence
data base. [1445(a)]
Sec. 125(c)
SMALL AND MEDIUM SYSTEM MONITORING PLAN: Each State may develop an
unregulated contaminant monitoring
plan for small and medium systems (serving fewer than 10,000). EPA is required to cover the
reasonable costs of
testing and laboratory analysis for such plans, using funds authorized for unregulated contaminant
monitoring (see
below), or a $2 million DWSRF reservation. EPA shall waive the requirement for monitoring of
unregulated
contaminants in a State if the State demonstrates that the criteria for monitoring are not applicable
in the State.
[1445(a)] Sec. 125(c)
RESULTS REPORTING: Water systems must provide the results of unregulated contaminant
monitoring to the primacy
agency (State/EPA) and must notify persons served by the system of the availability of results.
[1445(a)]Sec. 125(c)
AUTHORIZATION: Congress authorizes $10,000,000 per year for FYs 1997-2003 to carry out
provisions for unregulated
contaminant monitoring. [1445(a)] Sec. 125(c)
ANALYTICAL METHODS: EPA is required to review new methods for screening regulated
contaminants, and may
approve them, if they are more accurate or more cost-effective than established methods approved
for use in
compliance monitoring. [1445(i)] Sec. 125(d)
ENFORCEMENT
ADMINISTRATIVE ORDERS: The process for issuing administrative compliance orders is
streamlined by deleting the
requirement for EPA to issue a proposed order. [1414] Sec. 113(a)
PENALTY CAP: The maximum administrative penalty for violating an administrative order is
raised from $5,000 to
$25,000. [1414] Sec. 113(a)
PENALTY PROCESS: The process for assessing an administrative penalty of $5,000 or less is
streamlined by deleting
the requirement for a hearing in accordance with the Administrative Procedures Act for these
penalties. Requires a
hearing in accordance with APA procedures if the penalty sought is between $5,000 and $25,000.
[1414] Sec. 113(a)
CONSOLIDATION INCENTIVE: A public water supply may submit a plan (with specific
measures and schedules) for
approval by EPA or a primary enforcement State for consolidation (physical or managerial) or
transfer of owner- ship.
If the plan is approved, no enforcement action shall be taken with respect to the specific violation
identified in the
approved plan prior to 2 years after plan approval or the date on which consolidation is
completed, whichever is first.
[1414(h)]. Sec. 113(a)
ENFORCEABLE REQUIREMENTS: Defines provisions that are enforceable ("applicable
requirements of this title").
Applicable requirements are defined as requirements of 1412, 1414, 1415, 1416, 1417, 1441, or
1445; regulations
promulgated pursuant to those sections; schedules or requirements imposed pursuant to those
sections; and
requirements of, or permits issued under a State program which satisfies the requirements of
section 1413 or is
otherwise approved by EPA. [1414] Sec. 113(a)
NOTIFICATION OF LOCAL OFFICIALS: In nonprimacy states, EPA is required to notify an
appropriate locally elected
public official before proceeding with an enforcement action. [1414] Sec. 113(a)
EMERGENCY AUTHORITY PENALTY: The penalty for violating an order issued under
Section 1431 (Emergency Powers)
is increased from $5,000 per day to $15,000 per day. [1414] Sec. 113(d)
IV. FUNDING FOR STATES AND WATER SYSTEMS
DRINKING WATER STATE REVOLVING
FUND
ESTABLISHMENT: EPA is required to enter into agreements with eligible States to make
capitalization grants to further
the health protection objectives of SDWA. A total of $9.6 billion -- $599 million in FY94 and
$1.0 billion annually -- is
authorized in FY's 95-2003. To be eligible to receive a grant, a State must establish a drinking
water treatment
revolving loan fund and comply with other requirements of the DWSRF section. [1452(a),(m)]
Sec. 130
ALLOTMENT AND ELIGIBILITY: Through fiscal year 1997, funds will be allotted by the
formula used to distribute federal
grants to States for drinking water program implementation ("public water supply supervision
program"). A minimum
grant amount of 1% will be available for all States, including Wyoming and DC. Up to 0.33% is
available for allotment to
other specified areas (Virgin Islands, Guam, et. al.). Funds for FY98 and beyond will be allotted
based on the results of
the most recent Drinking Water State Revolving Fund (DWSRF) needs survey. Eligible systems
are community water
systems and non-profit non-community water systems. No loans can be made to Federal systems.
[1452(a),(i)] Sec. 130
LINK TO PRIMACY: States that lose primacy in the future, except for Wyoming, will not be
eligible for DWSRF grants.
[1452(a)(1)(F)] Sec. 130
LINK TO CAPACITY DEVELOPMENT: EPA is required to withhold DWSRF funds from
States that do not set up capacity
development programs (20% of DWSRF grant starting in FY99 for new system authority; and
10% in 2001,15% in 2002,
and 20% in 2003 for capacity development strategies). Withholding for all capacity development
purposes is capped at
20% total. [1452(a)(1)(G)] Sec. 130
LINK TO OPERATOR CERTIFICATION: EPA is required to withhold 20% of DWSRF funds
if a State does not meet the
requirement for operator certification programs. [1452(a)(1)(G)] Sec. 130
USE OF FUNDS: DWSRF funds can be used for loans, loan guarantees, source of reserve and
security for leveraged
loans (proceeds of which are placed in the DWSRF), and other uses as allowed in the Act. Funds
may be used by a
public water system only to "facilitate compliance with national primary drinking water
regulations" and "significantly
further the health protection objectives of this title." Small systems (fewer than 10,000 persons)
are to receive 15% of
annual assistance from a State's DWSRF, to the extent such funds can be obligated for eligible
projects. Disadvan-
taged systems may receive loan subsidies (including forgiveness of principal) up to 30% of a
State's DWSRF annual
assistance. [1452(a)(2)] Sec. 130
INTENDED USE PLANS: States must annually prepare, after providing for public review and
comment, an Intended
Use Plan that identifies how the DWSRF funds will be used. States must give highest priority to
projects that address
the most serious risks to public health, are necessary to achieve compliance, and assist systems
most in need on a per
household basis. Types of assistance which may be made using State loan funds are specifically
defined. [1452(b),
1452(f)] Sec. 130
STATE MATCH: States must contribute an amount equal to 20% of the total federal
contribution. State funds must be
received on or before the date federal funds are received, except that States may delay the deposit
of funds until no
later than September 30, 1999 for grant payments made for fiscal years 1994-1997. [1452(e)]
Sec. 130
SET-ASIDES: (Prior to allotment to States) $10,000,000 per year is reserved for health effects
research and, starting in
FY 1998, $2,000,000 per year for unregulated contaminant monitoring. An amount up to 2% of
the funds appropriated
may be reserved by EPA for technical assistance, and may be used to supplement fund-ing for
technical assistance
under Section 1442(e). EPA may use up to 1.5% of funds for grants to Indian Tribes and Alaska
Native Villages for
public water systems. Funds must also be reserved for operator training cost reimbursement if
there is no separate
appropriation. [1452(i),(n),(o),(q); 1419(d)(4)] Sec 130, Sec 123
OTHER USES OF FUNDS: (After allotment to States) Up to 4% of State allotment may be
used by the State for
administration of the fund. An additional 2% may be used for small system technical assistance.
Up to ten percent
may be used for a combination of the following: PWSS activities, State capacity development
strategies, operator
certification programs, and source water protection programs. [1452(g)] Sec. 130
Up to 15% may be used for a combination of the following: loans for the acquisition of land or
conservation easements,
loans to implement voluntary source water protection measures; technical and financial assistance
to water systems as
part of a State capacity development strategy; delineations/assessments of source water protection
areas; and
establishment and implementation of wellhead protection programs. No single item can receive
greater than 10%.
[1452(a)] Sec. 130
COMBINED FINANCIAL ADMINISTRATION: Financial administration can be combined with
other funds, such as the
Clean Water Act DWSRF, as long as separate accounts are maintained. The authority to establish
assistance priorities
and oversight responsibilities will be carried out by the primacy agency. [1452(g)] Sec. 130
TRANSFER OF FUNDS: Anytime after one year after a State establishes a DWSRF, but prior to
fiscal year 2002, the
Governor of a State may transfer 33% of the funds in the Drinking Water DWSRF to the Clean
Water Act DWSRF. The
same dollar amount may be transferred from the Clean Water Act DWSRF to the Drinking Water
DWSRF. Within 4
years, EPA must submit a report to Congress regarding implementation of the transfer provisions.
[Free standing
provision -- Title III, Sec. 302]
REGULATIONS AND GUIDANCE: EPA is required to publish DWSRF regulations and
guidance as necessary. The
regulations and guidance will address how States commit and expend allotted funds, use funds
efficiently, prevent
waste, fraud and abuse, and avoid the use of funds for expansion of public water systems.
Guidance and regulations
must also ensure that States and public water systems use accounting, audit, and fiscal procedures
that conform to
generally accepted accounting standards. [1452(g)(3)] Sec. 130
AUDITS: States are required to publish and submit to EPA a report every 2 years that describes
program activities and
expenditures and includes the most recent audit of the State's program. [1452(g)(4)] Sec. 130
NEEDS SURVEY: EPA is required to perform an assessment of the capital improvement needs
of all eligible public
water systems, including Native American systems, and submit a report within 180 days of
passage of the Act. Addi-
tional surveys will be conducted every 4 years thereafter. [1452(h)] Sec. 130
WATER CONSERVATION: Within two years of enactment of the 1996 amendments to the
SDWA, EPA must publish
guidelines for water conservation plans. Within a year of pubication of the guidelines, a State
may, as a condition of
receiving a DWSRF loan, require a water system to submit a water conservation plan.
[1455(a),(b)] Sec. 134
V. OTHER PROVISIONS
PUBLIC WATER SUPPLY SUPERVISION
TIME FRAME FOR STATE PRIMACY: In order to maintain primary enforcement responsibility
for regulations
promulgated under the SDWA, States must adopt regulations that are no less stringent than
federal regulations within 2
years of the date of promulgation of the federal regulations. EPA may grant an extension of 2
additional years if EPA
determines that the extension is necessary and justified. [1413(a)(1)] Sec. 112(a)
ADMINISTRATIVE PENALTY REQUIREMENT FOR PRIMACY: As a condition of primacy,
States must have the authority
for administrative penalties. Specifically, for systems serving more than 10,000 persons, States
must be able to assess
not less than $1,000 per day per violation. For smaller systems, States must have authority which
is adequate to ensure
compliance. The State may establish a maximum amount of administrative penalties which may
be imposed on a
public water system. [1413(a)] Sec. 113(b)
INTERIM PRIMACY: States with up-to-date primacy programs are considered to have interim
primacy for new
regulations promulgated by EPA beginning on the effective date of the State regulations adopted
and submitted by the
State, and ending at such time as EPA disapproves a State program. [Section 1413(c)] Sec.
112(a)
PUBLIC WATER SYSTEM SUPERVISION GRANT: The authorization for carrying out State
Public Water System
Supervision Programs (PWSS) is increased to $100 million for each of fiscal years 1997-2003.
[1443(a)] Sec. 124
EPA PRIMACY: EPA is given authority to use funds from a State's portion of the Public Water
System Supervision
Program grant to implement the program where the State does not have primary enforcement
responsibility (primacy).
EPA may cover a shortfall in funds by using a portion of a State's DWSRF allocation to carry out
primary enforcement
authority. If such funds are used, EPA must carry out all activities required of a State. [1443(a)]
Sec. 124, [1452(a)(1)(F)]
Sec. 130
FEDERAL AGENCIES
SOVEREIGN IMMUNITY: Contains a clear waiver of sovereign immunity for federal agencies
with respect to all federal,
State and local requirements. Provides EPA with authority to issue an administrative penalty
order if EPA finds that a
federal agency has violated an applicable requirement of this title. The penalty may not exceed
$25,000 per day per
violation. Funds collected by a State from the federal government in fines or penalties must be
used by the State for
projects designed to improve or protect the environment or defray the costs of environmental
protection or enforcement.
[1447] Sec. 129(a)
REVIEW OF ORDERS: Any interested party may obtain review in US District Court of an
administrative penalty order
issued by EPA to a federal agency. [1447] Sec. 129(a)
CITIZEN ACTION: A citizen may bring an action for the collection of a penalty against a federal
agency that fails to pay
a penalty by the date which is 18 months after the effective date of the final order. The citizen is
required to notify the
Attorney General and the affected federal agency 60 days before the suit is filed. [1447] Sec.
129(b)
MISCELLANEOUS
LEAD LEACHING STANDARD: If a voluntary standard for the leaching of lead from new
plumbing fittings and fixtures is
not established within one year of the effective date of the Act, then EPA must promulgate
regulations setting a
performance based standard for lead leaching levels from such components. (Note: A voluntary
standard is now in
place.) [1417] Sec. 118
LEAD PROHIBITION: Two years after enactment, it becomes illegal for any pipe or plumbing
fixture that is not lead-free
to be introduced into commerce. The exception is pipes used in manufacturing or industrial
processing. It will also be
illegal, two years after enactment, to sell solder or flux that is not lead-free. Solder that is not
lead-free may be sold if it
bears a prominent label stating that it is illegal to use it in the installation or repair of plumbing
providing water for
human consumption. [1417] Sec. 118
LIMITED ALTERNATIVE TO FILTRATION: States may allow unfiltered water systems with
surface water sources to use
treatment other than filtration. In order to qualify for alternative treatment, a water system must
have an uninhabited,
undeveloped watershed in consolidated ownership and have control over access to and activities
in the watershed.
The alternative treatment must ensure greater removal or inactivation efficiencies of pathogenic
organisms than would
be achieved by the combination of filtration and chlorine disinfection required by section 1412
(b)(7)(C). [1412(b)(7)(C)]
Sec. 106
GRANTS FOR ALASKA NATIVE VILLAGES: The Administrator is authorized to make grants
to the State of Alaska to
pay 50 percent of the cost of improving sanitation for rural and Alaska Native villages. Grants
will be for development
and construction of public water and wastewater systems and also for training, technical
assistance, and educational
programs. The State may use up to 4 percent of the amount of the grant for related
administrative expenses. EPA is
required to consult with the State of Alaska to prioritize the needs of individual villages.
Authorization for this provision
is at $15,000,000 for each FY'97-2000. Title III--Sec. 303
RELATIONSHIP OF GRANTS TO DWSRF FUND: A "Sense of the Congress" states that
appropriations for grants
should not be provided for watershed protection in New York City's watersheds, sanitation
improvements at colonias, or
sanitation improvements for Alaska Native Villages if such appropriations would prevent
adequate funding for state
revolving loan funds. Title III--Sec 304
WASHINGTON AQUEDUCT: Congress grants consent for the District of Columbia, Arlington
County, VA and the city of
Falls Church to establish an entity to operate, maintain and manage the Washington Aqueduct.
The Secretary of the
Army is required to develop a plan, within 1 year, for the transfer of the Washington Aqueduct to
a non-Federal entity.
The Corps of Engineers is authorized to borrow up to $29 million in 1997, 424 million for 1998,
and $22 million for 1999 to
carry out capital improvements until the time of transfer. ( Title III--Sec. 304.) The Secretary of
the Army may not pass
on the costs of an enforcement penalty to the customers of the Washington Aqueduct system.
[1447] Sec.129(c)
DRINKING WATER FUNDS FOR COLONIAS: EPA and other appropriate Federal agencies
are authorized to award
grants to Arizona, California, New Mexico, and Texas, to provide assistance (up to 50% of
project costs) to colonias
where the residents are subject to a significant health risk attributable to the lack of access to an
adequate and
affordable drinking water system. Appropriations of $25,000,000 for each of the fiscal years
1997 through 1999 is
authorized. [1456] Sec. 135
WASTEWATER FUNDS FOR COLONIAS: The Administrator is authorized to make grants for
planning, design,
construction, or improvement of sewers, treatment works, and appropriate connections for
wastewater treatment for
colonias. Grants cannot exceed 50 percent of the cost of carrying out any project. $25 million is
authorized for this
provision in fiscal years 1997 through 1999. Title III--Sec. 307
ZEBRA MUSSEL CONTROL: The Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 is amended to
include Lake Champlain at 16 U.S.C. 4701(a). Provision references zebra mussel control in Lake
Champlain. Title III--Sec. 308
DEFINITIONAL CHANGE FOR ANALYTIC METHODS: Modifies the pre-existing
requirement that national primary
drinking water regulations (NPDWR) contain quality control and testing procedures for
compliance purposes to now
require "accepted methods for" quality control and testing procedures. After the promulgation of
a NPDWR, EPA is
allowed to "add equally effective" quality control and testing procedures through guidance
published in the Federal
Register. [1401] Sec. 101(a)
DEFINITION OF COMMUNITY/NONCOMMUNITY SYSTEM: "Community water system" is
defined as a public water
system that has at least 15 service connections or serves 25 persons year-round. "Noncommunity
water system" is
defined as a public water system that is not a community water system. [1401] Sec. 101(a)
OPEN CONVEYANCES: The general definition of "public water system" (PWS) is broadened
from water systems that
deliver water through pipes to include systems that use "construct-ed conveyances." However,
certain connections
that might otherwise qualify a system as a public water system under the broadened definition are
excluded from
consideration where: the water is not used for "residential uses"; alternative water is provided for
drinking and cooking;
or water for drinking, cooking, and bathing is treated (centrally or by point of entry). Alternative
or treated water must
provide a level of health protection equivalent to the applicable standard(s). A transition period
of 2 years is provided
for compliance. [1401] Sec. 101(b)
RETURN FLOW: Repeals Section 3013 of PL 102-486 (Energy Act). Deletes Energy Act
provision which encourages the
use of heat exchange units. Title III
ADDITIONAL ASSISTANCE FOR WATER
INFRASTRUCTURE AND WATERSHEDS
(Title IV--does not amend the SDWA)
GRANT AUTHORITY: EPA may provide technical and financial assistance in the form of grants
to States for water
supply improvements and for source water quality programs consistent with Section 319 of the
Clean Water Act (to
address contaminants for the purpose of making supplies usable for water systems). Not more
than 30% of funds
appropriated may be used for Section 319 activities. Title IV
USE OF GRANTS: As a condition for receiving a grant, a State must ensure that assistance will
be used in the most
cost-effective manner. The Federal share of activities funded with grants shall be 50 percent. Title
IV
FUNDING LEVELS: Annual funding of $25 million is authorized for grants for fiscal years
1997-2003. An additional $25
million is authorized for each fiscal year 1997-2003 if the appropriations for the Drinking Water
DWSRF exceed 75% of
the authorized level ($1 billion is authorized for the DWSRF). Title IV
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