Safe Drinking Water Act Amendments of 1994

Summary

Safe Drinking Water Act Amendments of 1994 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to make capitalization grants to States to establish State drinking water treatment revolving loan funds. (Sec. 3) Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and a half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes States to reserve a certain amount of such grants for technical assistance for small public water systems. Requires the Administrator, beginning in FY 1998, to withhold 50 percent of each capitalization grant made to a State if the Administrator has not approved a State viability program. Directs States to prepare annual intended use plans for funds. Requires priority for the use of funds to be given to projects that address the most serious risk to human health and that assist systems most in need on a household basis according to State affordability criteria. Authorizes appropriations. (Sec. 4) Requires the Administrator, no later than May 31, 1994, to propose maximum contaminant level goals (MCLGs) or maximum residual disinfectant level goals and a national primary drinking water regulation for disinfectants and disinfectant byproducts. Directs the Administrator to propose an interim enhanced surface water treatment rule for systems serving a population of over 10,000 that includes an MCLG for cryptosporidium. Requires publication of such goals, regulation, and rule (for microbial contaminants including cryptosporidium) by December 31, 1996. Directs the Administrator to: (1) promulgate an information collection rule to obtain information that will facilitate further revisions to the national primary drinking water regulation for disinfectants and disinfection byproducts by July 29, 1994; (2) promulgate a final long-term enhanced surface water treatment rule for all public water systems serving over 10,000 by December 31, 1998; and (3) promulgate a revised national primary drinking water regulation for disinfectants and disinfection byproducts incorporating collected information by June 30, 2000. Requires the Administrator to propose a regulation that describes treatment techniques that meet requirements for filtration and are feasible for community water systems serving 3,300 people or fewer and noncommunity water systems. Directs the Administrator to publish an MCLG and promulgate a national primary drinking water regulation for any contaminant that may have adverse health effects and is known or anticipated to occur in public water systems with a frequency and at levels of public health concern. (Current law requires MCLGs and regulations for those that may have adverse health effects and are known or anticipated to occur in such systems.) Requires the Administrator to publish a list of at least 15 contaminants that present the greatest public health concern, with additional lists of at least seven contaminants every five years. Establishes deadlines for the promulgation of regulations and MCLGs for such contaminants. Directs the Administrator to assemble a national drinking water occurrence data base to include information on the occurrence of regulated and unregulated contaminants. Prohibits the Administrator, for any contaminant that is regulated on the basis of its carcinogenic effects, from establishing a maximum contaminant level (MCL) that is more stringent than the level necessary to ensure that lifetime cancer risks resulting from concentrations of the contaminant in drinking water will not exceed one in 1,000,000 considering sensitive subpopulations that can be identified and characterized. Authorizes the Administrator to establish an MCL for such a contaminant that is less stringent than is feasible if such level will: (1) result in compliance costs that are substantially less than costs that would be experienced by public water systems to comply with the more stringent level; and (2) ensure that lifetime cancer risks resulting from concentrations of the contaminant in drinking water are essentially equivalent to the risks that would occur at the feasible level. Permits the Administrator to establish an MCL for a contaminant at a level that is less stringent than is feasible if the feasible level would result in an increase in the overall health risk from drinking water by: (1) increasing the concentration of other contaminants; or (2) interfering with the efficacy of treatment techniques that are used to comply with other national primary drinking water regulations. Requires such MCL to minimize the overall health risks. Makes this authority inapplicable with respect to regulations promulgated for disinfectants and disinfection byproducts. Revises provisions concerning the monitoring of unregulated contaminants. Requires the Administrator to establish criteria for a monitoring program for such contaminants. Directs the Administrator, within three years of this Act's enactment and every five years thereafter, to issue a list of up to 30 unregulated contaminants to be monitored by public water systems. Requires systems that serve over 10,000 people to monitor for all listed contaminants. Directs each State to develop a representative monitoring plan to assess the occurrence of such contaminants in systems that serve fewer than 10,000. Provides that such plans shall require monitoring for systems representative of different sizes, types, and geographic locations within a State. Authorizes the Administrator to waive monitoring requirements if a State demonstrates that the criteria for listing a contaminant do not apply in the State. Authorizes appropriations. Requires drinking water regulations to be reviewed at least once every six (currently, three) years. Makes national primary drinking water regulations effective three years after the date of promulgation (currently, 18 months) unless the Administrator determines that an earlier date is practicable. Permits up to two additional years to comply with an MCL or treatment technique if additional time is necessary for capital improvements. Authorizes exemptions from MCL or treatment technique requirements to allow a public water system to develop an alternative source of water supply or to restructure or consolidate the system. Permits the renewal of an exemption for one additional two-year period (currently, one or more two-year periods) for a system that serves no more than 3,300 people (currently, that serves no more than 500 service connections) and needs financial assistance for necessary improvements. Prohibits exemptions for small systems that receive variances under this Act. Requires the Administrator to review monitoring requirements for at least 12 contaminants and propose any necessary modifications. Authorizes States to submit alternative monitoring requirements for any national primary drinking water regulation to the Administrator for approval. Permits the Administrator or a State with primary enforcement responsibility (primacy), with respect to monitoring requirements for contaminants regulated on the basis of carcinogenic effects, to exempt public water systems serving fewer than 10,000 people from conducting additional quarterly monitoring during any three-year period if monitoring conducted at the beginning of the period fails to detect the presence of the contaminant and it is unlikely to be detected by further monitoring. (Sec. 5) Authorizes the Administrator or a State with primacy to grant variances for compliance with an MCL or treatment techniques to public water systems serving fewer than 10,000 people. Permits such variances if a system installs and operates treatment technology that is feasible for small systems as determined by the Administrator and: (1) the State cannot afford to comply with a national primary drinking water regulation; and (2) the variance ensures adequate health protection. Establishes application deadlines for variances. Requires variances to be granted or denied within one year of the deadline. Establishes a moratorium on penalties for violations of MCLs or treatment techniques for systems that submit timely applications. Makes variances unavailable for: (1) an MCL or treatment technique for contaminants with respect to which a national primary drinking water regulation was promulgated prior to January 1, 1986; or (2) a regulation for a microbial contaminant or an indicator or treatment technique for such contaminant. Requires the Administrator to issue guidance or regulations describing treatment techniques for public water systems serving fewer than 3,300 people. Directs States with primacy to implement State Drinking Water System Viability Programs that ensure the capability of systems to comply with requirements. Provides that a public water system in violation of a requirement specifying an MCL or treatment technique that seeks assistance from a State for restructuring shall not be subject to a penalty for three years if the system is meeting the conditions of a State restructuring order. Makes such extensions unavailable for systems that apply for assistance four years after this Act's enactment. Directs the Administrator to make grants to institutions of higher education to establish at least five small public water system technology assistance centers in the United States. (Sec. 6) Revises enforcement authorities. Exempts systems that submit approved consolidation plans from enforcement actions for a certain time period. Requires States to report annually to the Administrator on public water system compliance. Directs the Administrator to summarize such reports for the Congress and make recommendations on resources needed to ensure compliance. (Sec. 7) Makes it unlawful for any person to: (1) introduce into commerce any pipe or pipe or plumbing fitting or fixture that is not lead free; (2) sell solder or flux that is not lead free while engaged in the business of selling plumbing supplies; or (3) introduce into commerce any solder or flux that is not lead free unless it bears a label stating that it is illegal to use such solder or flux in the installation or repair of any plumbing providing water for human consumption. Requires the Administrator to: (1) provide technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended to dispense water for human ingestion; and (2) promulgate regulations setting a health-effects-based performance standard establishing maximum leaching levels from such fittings and fixtures if a voluntary standard is not established within one year of this Act's enactment. Prohibits, if such standards are not promulgated within five years of this Act's enactment, the importation, manufacturing, processing, or distribution in commerce of fittings or fixtures that contain more than four percent lead by dry weight. Prohibits any person from removing water from a public water system through a pipe or device outside such system and returning water to the system unless the pipe or device is totally within the control of one or more systems. (Sec. 8) Directs the Administrator to promulgate national primary drinking water regulations and an MCL for radon. Permits alternative contaminant levels if a system is: (1) located in a State that is implementing a program to reduce radon in indoor air or is receiving State grant assistance for the program; or (2) implementing an approved service area alternative compliance program. (Sec. 9) Requires State Governors to submit source water protection programs to the Administrator for approval. Authorizes community water systems, State or local government agencies, or planning entities, after such programs are approved, to submit source water protection, sole source aquifer, or wellhead protection plans to a State for approval. Withholds 50 percent of each capitalization grant to a State, beginning in FY 1998, if the Administrator has not approved a State source water protection program. Makes projects under approved programs eligible for assistance under the Clean Water Act. Extends the authorization of appropriations for sole source aquifer protection and wellhead protection programs. (Sec. 11) Authorizes appropriations for drinking water research, investigations, and demonstrations. Requires the principal operator of a public water system and additional personnel, as designated by the Administrator, to be certified for proficiency. Extends the authorization of appropriations for technical assistance to small water systems. Establishes additional research authorities, including requirements for studies of risk assessment and the occurrences of chemicals in drinking water. Sets priorities for research. Directs the Administrator to develop an integrated risk characterization strategy for drinking water quality. Adds to the list of requirements that a State must meet to retain primacy for drinking water programs that the State has adopted requirements for the certification of operators of public water systems and laboratories conducting tests. (Sec. 12) Authorizes appropriations for public water system supervision programs and grants to States for groundwater protection. (Sec. 14) Waives the sovereign immunity of the United States with respect to any requirement, administrative authority, process, or sanction imposed concerning the provision of safe drinking water. (Sec. 15) Directs the Administrator to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate costs and benefits associated with compliance with regulations and Federal actions with health and environmental impacts; and (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal programs with health and environmental impacts. (Sec. 16) Requires the Administrator to study and report to the Congress on the seriousness of contamination of private sources of drinking water that are not regulated by this Act. Authorizes the Chief of Engineers of the Army Corps of Engineers to borrow from the Federal Financing Bank to finance capital improvements at the Washington Aqueduct.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 24 March 1994

   Reported

   Committee on Environment and Public Works ordered to be reported an original measure in lieu of S. 1547.

   Source: Committee

2. 14 April 1994

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 412.

   Source: Calendars

3. 14 April 1994

   Reported

   Committee on Environment and Public Works. Original measure reported to Senate by Senator Baucus. With written report No. 103-250. Additional views filed.

   Source: Committee

4. 14 April 1994

   Reported

   Committee on Environment and Public Works. Original measure reported to Senate by Senator Baucus. With written report No. 103-250. Additional views filed.

   Source: Committee

5. 14 April 1994

   Introduced

   Introduced in Senate

   Source: IntroReferral

6. 9 May 1994

   Floor

   Measure laid before Senate by unanimous consent. (consideration: CR S5394-5397)

   Source: Floor

7. 12 May 1994

   Floor

   Considered by Senate. (consideration: CR S5634-5637, S5642-5658, S5659-5662)

   Source: Floor

8. 13 May 1994

   Floor

   Considered by Senate. (consideration: CR S5713-5723, S5726-5728)

   Source: Floor

9. 16 May 1994

   Floor

   Considered by Senate. (consideration: CR S5743-5751)

   Source: Floor

10. 17 May 1994

    Floor

    Considered by Senate. (consideration: CR S5781-5823)

    Source: Floor

11. 18 May 1994

    Floor

    Considered by Senate. (consideration: CR S5855-5930)

    Source: Floor

12. 19 May 1994

    Vote

    Passed Senate with amendments by Yea-Nay Vote. 95-3. Record Vote No: 122. (consideration: CR S5986-6014)

    Source: Floor

13. 19 May 1994

    Vote

    Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 95-3. Record Vote No: 122.(consideration: CR S5986-6014)

    Source: Floor

14. 23 May 1994

    Floor

    Held at the desk.

    Source: Floor

15. 23 May 1994

    Floor

    Message on Senate action sent to the House.

    Source: Floor

16. 23 May 1994

    Floor

    Received in the House.

    Source: Floor

Votes

Versions

• Engrossed in Senate · 19 May 1994 · Official file
• Placed on Calendar Senate · 14 April 1994 · Official file

Documents

6 official files

• Engrossed in Senate (text)

  Engrossed in Senate · EN · 19 May 1994

  ViewDownloadOpen at official source

• Engrossed in Senate (PDF)

  Engrossed in Senate · EN · 19 May 1994

  ViewDownloadOpen at official source

• Passed Senate amended

  summary · EN · 19 May 1994

  Open at official source

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN · 14 April 1994

  ViewDownloadOpen at official source

• Placed on Calendar Senate (PDF)

  Placed on Calendar Senate · EN · 14 April 1994

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 14 April 1994

  Open at official source

Sponsors

• Rep. Baucus, Max [D-MT-1] · D · Sponsor
• · ssev00 · Standing

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