H. R. 4470
IN THE HOUSE OF REPRESENTATIVES
February 4, 2016
Mr. Kildee (for himself, Mr. Upton, Mr. Conyers, Mr. Levin, Mrs. Miller of Michigan, Mr. Walberg, Mr. Amash, Mr. Benishek, Mr. Huizenga of Michigan, Mr. Bishop of Michigan, Mrs. Dingell, Mrs. Lawrence, Mr. Moolenaar, Mr. Trott, Mr. Ryan of Ohio, Mr. Payne, and Ms. Edwards) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes.
This Act may be cited as the
Safe Drinking Water Act Improved Compliance Awareness Act.
Enforcement of drinking water regulations
Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g–3(c)) is amended—
in the header, by inserting
States, the Administrator, and before
in paragraph (1), by adding at the end the following:
Notice of any exceedance of a lead action level or any other enforceable maximum level of lead in a regulation issued under section 1412, which shall protect the privacy of individual customer information.
in paragraph (2)—
in subparagraph (C)—
in the header, by striking
Violations and inserting
Notice of violations; and
in clause (iv)—
in subclause (I), by striking
in subclause (II), by striking
in a newspaper of general circulation serving the area and inserting
for circulation in the affected area; and
in subclause (III), by striking
in lieu of notification by means of broadcast media or newspaper;
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
Notice by Administrator
If, after 24 hours after the Administrator’s notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system, with regard to a notice required under subparagraph (C), has not issued a notice for a violation of a national primary drinking water regulation with significant potential to have serious adverse effects on human health as a result of acute exposure, the Administrator shall issue such required notice pursuant to this paragraph.
in paragraph (4)(B)(ii), by striking
the terms and inserting
the terms action level,; and
by adding at the end the following:
Exceedance of safe lead level
Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C).
EPA initiation of notice
Forwarding of data by employee of EPA
If an employee of the Environmental Protection Agency develops or receives data, which meets the requirements of section 1412(b)(3)(A), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level or other enforceable maximum level of lead in a regulation promulgated under section 1412, the employee shall forward such data to the owner or operator of the public water system in which the exceedance occurred.
Dissemination of information by owner or operator
If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate the information described in subparagraph (C).
Not later than 24 hours after becoming aware that an owner or operator of a public water system has not disseminated the information described in subparagraph (C) in the time period established by the Administrator as required under clause (ii), the Administrator shall consult, for a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to make such information available to affected persons within 24 hours of the end of such consultation period.
The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation.
Dissemination by Administrator
The Administrator shall disseminate the information described subparagraph (C) if—
the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or
the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period.
Information required to be disclosed under this paragraph shall include a clear explanation of the exceedance of a lead action level or other enforceable maximum level of lead in a regulation promulgated under section 1412, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and whether it is advisable for persons served by the public water system to seek alternative water supplies.
Prohibition on use of lead pipes, solder, and flux
Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) is amended—
by amending subsection (a)(2)(A) to read as follows:
Identification and notice
Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by—
lead contamination of their drinking water where such contamination results from—
the lead content in the construction materials of the public water distribution system; or
corrosivity of the water supply sufficient to cause leaching of lead; or
an exceedance, in their drinking water, of a lead action level or any other enforceable maximum level of lead in a regulation issued under section 1412.
Manner and form
Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard.
in subsection (b)(2)—
The requirements and inserting the following:
by adding at the end the following: “Enforcement of these requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate.
Notification by Administrator
In the case of a violation described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the public of the violation in accordance with subsection (a)(2), the Administrator shall notify the public of such violation in accordance with subsection (a)(2), including the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information.
by adding at the end the following:
The Administrator shall make information available to the public regarding lead in drinking water, including information regarding—
risks associated with lead in drinking water;
the likelihood that drinking water in a residence may contain lead;
steps States, water utilities, and consumers can take to reduce the risks of lead; and
the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water.
In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.