< Back to S. 433 (93rd Congress, 1973–1974)

Text of the Safe Drinking Water Act

This bill was enacted after being signed by the President on December 16, 1974. The text of the bill below is as of Dec 16, 1974 (Passed Congress/Enrolled Bill).

1660                                     PUBLIC LAW 93-522-DEC. 14, 1974              [88 STAT.

                    Public Law 93-522
December 14, 1974                               JOINT   RESOLUTION
  [H.J. Res. 444]   TO authorize the continued use of certain lands within the Sequoia National
                                 Park by portions of an existing hydroelectric project.
                       Resolved hy the Senate and House of Representatives of the United
  Sequoia Na-       States of America in Congress assembled^ That the Secretary of the
tional Park,
Calif.              Interior is hereby authorized to issue a permit to occupy and use lands
  Hydroelectric     of the United States within Sequoia National Park necessary for the
project permit.
   16 u s e 4Sa-l   continued operation, maintenance, and use of the hydroelectric project
note.               known as the Kaweah Number 3 project of Southern California Edison
                    Company.
  Expiration of        SEC. 2. The term of such permit shall expire not later than the
permit.
  16 u s e 4Sa-l    expiration of existing or future licenses granted by the Federal Power
note.               Commission to Southern California Edison Company for said Kaweah
                    Number 3 project (Federal Power Commission project numbered 298),
                    but in no event shall the term of such permit extend for any period in
                    excess of ten years following the date of its issuance, unless specifically
                    authorized by law. Such permit shall contain such other terms and
                    conditions as the Secretary of the Interior shall deem necessary for
                    the protection and utilization of Sequoia National Park.
  16 u s e 45a-l       SEC. 3. Such permit shall specifically recite that the privileges
note.
                    granted thereby are to be exercised in accordance with the Federal
  Rules and regu-   Power Act (16 U.S.C. 791 (a)-825 ( u ) ) , and the rules and regulations
lations.
  16 u s e 791a.    thereunder which the Secretary of the Interior, after consultation
                    with the Federal Power Commission, determines to be applicable.
  Report to            SEC. 4. The National Park Service shall, not less than one hundred
Congress.
  16 u s e 45a-l    and eighty days prior to the termination date of such permit, report
note.               to the Congress, in writing, with respect to the impact of the operations
                    of the hydroelectric project (known as the Kaweah numbered 3 project
                    of Southern California Edison Company) on the Sequoia National
                    Park.
                       Approved December 14, 1974.

                    Public Law 93-523
December 16, 1974                                       AN   ACT
       ^' ^^ ^^^^   To amend the l*ublic Health Service Act to assure that the public is provided
                                 with safe drinking water, and for other purposes.
                     Be it enacted hy the Senate and House of Representatives             of the
   Safe Drinking    United Sttttcs of America in Gonqress assembled.
 Water A c t .      '                '                  if                 •>

                                                     SHORT T I T L E

   42 use 3oof          SECTION   1. This Act may be cited as the "Safe Drinking Water
 "°'^-              Act".
                                               P U B L I C WATER SYSTEMS

                      SEC. 2. (a) The Public Health Service Act is amended by inserting
                    after title X I I I the following new title:

88 STAT. ] PUBLIC LAW 9 3 - 5 2 3 - D E C . 16, 1974 16611 ^'TITLE X I V — S A F E T Y O F P U B L I C W A T E R S Y S T E M S "PART A—DEFINITIONS "DEFINITIONS "SEC. 1401. For purposes of this title: 42 use 3oof. "(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 judg- ment of the Administrator, it is economically and tech- nologically 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 Post, p . 1662. " ( D ) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including 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. "(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 w^elfare. Such regulations may vary according- to geo- graphic and other circumstances. "(3) The term 'maximum contaminant level' means the maxi- mum permissible level of a contaminant in water which is delivered to any user of a public water system. "(4) The term 'public water system' means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in
1662 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. connection with such system, and (B) any collection or pretreat- ment storage facilities not under such control which are used primarily in connection with such 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 pub- lic body created by or pursuant to State law, or an Indian tribal organization authorized by law. "(11) The term 'Federal agency' means any department, agency, or instrumentality of the United States. " (12) The term 'person' means an individual, corporation, com- pany, association, partnership. State, or municipality. "PART B — P U B L I C WATER SYSTEMS "COVERAGE 42 use 3oog. "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 inter- state commerce. "NATIONAL DRINKING WATER REGULATIONS 42usc3oog.i. ugj,^^ :j4;^2. ( a ) ( 1 ) The Administrator shall publish proposed national interim primary drinking water regulations within 90 days after the date of enactment of this title. Within 180 days after such date of enactment, he shall promulgate such regulations with such modifications as he deems appropriate. Regulations under this para- graph may be amended from time to time. " (2) National interim primary drinking water regulations promul- gated under paragraph (1) shall protect health to the extent feasible, using technology, treatment techniques, and other means, which the Administrator determines are generally available (taking costs into consideration) on the date of enactment of this title.
88 STAT. ] PUBLIC LAW93-523-DEC. 16, 1974 1663 " (3) The interim primary regulations first promulgated under para- graph (1) shall take effect eighteen months after the date of their promulgation. "(b) (1) (A) Within 10 days of the date the report on the study Publication in Federal R e g i s - conducted pursuant to subsection (e) is submitted to Congress, the ter. Administrator shall publish in the Federal Register, and provide o[)portunity for comment on, the— "(i) proposals in the report for recommended maximum con- taminant levels for national primary drinking water regulations, and "(ii) list in the report of contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons. " ( B ) Within 90 days after the date the Administrator makes the Recommended maximum con- publication i-equired by subparagraph ( A ) , he shall by rule establish taminant l e v e l s . rocommended maximum contaminant levels for each contaminant which, in his judgment based on the report on the study conducted pui-suant to subsection (e), may have any adverse effect on the health of persons. p]ach such recommended maxinuun contaminant level shall be set at a level at wliich, in the Administrator's judgment based on such report, no known or anticipated adverse eft'ects on the health of persons occur- and which allows an adequate margin of safety. In addition, he shall, on the basis of the report on the study conducted pursuant to subsection (e), list in the rules under this subparagraph any contaminant the lev'el of Avhicli cannot be accurately enough measured in drinking water to establish a reconnnended maximum cojitaminant level and Avhich may have any ad\erse effect on the health of persons. Based on information available to him. the Administra- tor may by rule change reconnnended levels established under this subparagraph or change such list. P u b l i c a t i o n in "(2) On the date the Administrator establishes pursuant to para- Federal Regis- gi'aph ( 1 ) ( B ) recommended maxinmm contaminant levels he shall ter. publish in the F'edei-al Register proposed revised national pidmary drinking water regulations (meeting the requirements of paragraph (3)). Within 180 days after the date of such proposed regulations, he shall pronnilgate such revised drinking water regulations with such modifications as he deems appropriate. "(3) Revdsed national primary drinking water regulations promul- gated under paragraph (2) of this subsection shall be primary drink- ing water regulations which specify a maximum contaminant level or require the use of treatment techniques for each contaminant for- which a recommended maximum contaminant level is established or which is listed in a rule under paragraph (1) ( B ) . The maximum contaminant level specified in a revised national primary drinking water regulation for a contaminant shall be as close to the reconmiended maximum contaminant level established under paragraph (1) (B) for such con- taminant as is feasible. A required treatment technique for a contam- inant for which a recommended maximum contaminant level has been established under paragraph (1) (B) shall reduce such contaminant to a level which is as close to the recommended maximum contaminant level for such contaminant as is feasible. A required treatment tech- nique for a contaminant which is listed under paragraph (1) (B) shall
1664 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. require treatment necessary in the Administrator's judgment to pre- vent known or anticipated adverse effects on the health of persons to "Feasible." the extent feasible. For purposes of this paragraph, the term 'feasible' means feasible with the use of the best technology, treatment tech- niques, and other means, which the Administrator finds are generally available (taking cost into consideration). "(4) Revised 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. "(5) Revised national primary drinking water regulations promul- gated under this subsection (and amendments thereto) shall take effect eighteen months after the date of their promulgation. Regula- tions under subsection (a) shall be superseded by regulations under this subsection to the extent provided by the regulations under this subsection. "(6) No national primary drinking water regulation may require the addition of any substance for preventive health care purposes unrelated to contamination of drinking water. Proposed na- "(c) The Administrator shall publish proposed national secondary tional secondary drinking water drinking water regulations within 270 days after the date of enact- r e g u l a t i o n s , pub- ment of this title. Within 90 days after publication of any such regu- lication. lation, 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 accord- ance with section 553 of title 5, United States Code (relating to rule- Hearing. making), except that the Administrator shall provide opportunity for public hearing prior to promulgation of such regulations. In pro- posing and promulgating regulations under this section, the Admin- istrator shall consult with the Secretary and the National Drinking Water Advisory Council. Study. " ( e ) ( 1 ) The Administrator shall enter into appropriate arrange- ments with the National Academy of Sciences (or with another inde- pendent scientific organization if appropriate arrangements cannot be made with such Academy) to conduct a study to determine (A) the maximum contaminant levels which should be recommended under subsection (b) (2) in order to protect the health of persons from any known or anticipated adverse effects, and (B) the existence of any contaminants the levels of which in drinking water cannot be deter- mined but which may have an adverse effect on the health of persons. Report to "(2) The result of the study shall be reported to Congress no later Congress. than 2 years after the date of enactment of this title. The report shall contain (A) a summary and evaluation of relevant publications and unpublished studies; (B) a statement of methodologies and assump- tions for estimating the levels at which adverse health effects may occur; (C) a statement of methodologies and assumptions for esti- mating the margin of safety which should be incorporated in the national primary drinking water regulations; (D) proposals for recommended maximum contaminant levels for national primary drinking Avater regulations, based on the methodologies, assumptions, and studies referred to in clauses ( A ) , ( B ) , and (C) and in para- graph (4) ; ( E ) a list of contaminants the level of which in drinking water cannot be determined but which may have an adverse effect on the health of persons; and ( F ) recommended studies and test protocols for future research on the health effects of drinking water contaminants, including a list of the major research priorities and estimated costs necessary to conduct such priority research.
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1665 "(3) In developing its proposals for recommended maximum con- taminant levels under paragraph (2) (D) the National Academy of Sciences (or other organization preparing the report) shall evaluate find explain (separately and in composite) the impact of the following considerations: " ( A ) The existence of groups or individuals in the population which are more susceptible to adverse effects than the normal healthy adult. " ( B ) The exposure to contaminants in other media than drink- ing water (including exposures in food, in the ambient air, and in occupational settings) and the resulting body burden of contaminants. " ( C ) Synergistic effects resulting from exposure to or inter- action by two or more contaminants. " ( D ) The contaminant exposure and body burden levels which alter physiological function or structure in a manner reasonably suspected of increasing the risk of illness. "(4) In making the study under this subsection, the National Acad- emy of Sciences (or other organization) shall collect and correlate (A) morbidity and mortality data and (B) monitored data on the quality of drinking water. Any conclusions based on such coi'relation shall be included in the i-eport of the study. "(5) Neither the report of the study under this subsection nor any Report, submit- tal to OMB. draft of such report shall be submitted to the Office of Management and Budget or to any other Federal agency (other than the Environ- mental Protection Agency) prior to its submission to Congress. "(6) Of the funds authorized to be appropriated to the Administra- Funds. tor by this title, such amounts as may be required shall be available to carry out the study and to make the repoi-t directed by paragraph (2) of this subsection. " S T A T E P R I M A K Y ENFORCEMI'IXT KESPONSIBTI.ITY "SEC. 1413. (a) For purposes of this title, a State has primary 42 u s e 300g-2, enforcement responsibility for public Avater systems during any period for which the Administrator determines (pursuant to regulations pre- sci'ibed under subsection (b)) that such State— "(1) has adopted drinking water regulations w^iich (A) in the case of the period beginning on the date the national interim pri- mary drinking water regulations are promulgated under section 1412 and ending on the date such regulations take effect are no less stringent than such regulations, and (B) in the case of the period after such effective date are no less stringent than the interim and revised national primary drinking water regulations in effect under such section; "(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 Admin- istrator 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 Administra- tor may require by regulation; "(4) if it permits variances or exemptions, or both, from the requirements of its drinking water regulations Avhich 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 mav be granted under sections 1415 and 1416; and
1666 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. "(5) has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances. Regulations. " ( b ) ( 1 ) The Administrator shall, by regulation (proposed within 180 days of the date of the enactment of this title), prescribe the man- ner in which a State may apply to the Administrator for a determina- tion 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 determina- tion 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 Notice and hearing. may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an oppor- Publication in F e d e r a l RegiS' tunity for public hearing on the determination. Such regulations shall ter. " be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regula- Notice. tions 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. Applications. '^{2) Whcu au 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. "FAILURE BY STATE TO ASSURE ENFORCEMENT OF DRINKING WATER REGULATIONS 42 use 3oog-3. agj,^^ -^^^ (a) (1) ( ^ ) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility tor 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, 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. Notice. i^g shall so notify the State 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 require- ment by the earliest feasible time. " ( B ) If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of the notice given pursuant Notice. ^Q subparagraph ( A ) , he shall give public notice of such finding and request the State to report within fifteen days from the date of such public notice as to the steps being taken to bring the system into compliance (including reasons for anticipated steps to be taken to bring the system into compliance and for any failure to take steps Civil action. to bring the system into compliance). If— " ( i ) such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to subparagraph (A) : and
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1667 "(ii) (a) the State fails to submit the report I'equested by the Administrator Avithin the time period prescribed by the preceding sentence; or " {^) the State submits such report within such period but the Administrator, after considering the report, determines that the State abused its discretion in carrying out primary enforcement responsibility for public water systems by both— " ( I ) failing to implement by such sixtieth day adequate procedures to bring the system into compliance by the earliest feasible time, and " ( I I ) failing to assure by such day the provision through alternative means of safe drinking water by the earliest feasible time; the Administrator may commence a civil action under subsection (b). "(2) Whenever, on the basis of information available to him, the civii action. 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, he may commence a civil action under subsection (b). "(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 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 com- pliance 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 w^ater regulations. The court may enter, in an action brought under this subsection, Judicial deter. 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 willful violation of the regulation or schedule or other require- ment 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. penalty of not to exceed $5,000 for each day in which such violation occurs. "(c) Each owner or operator of a public water system shall give Notice. 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 pro- cedure prescribed by, a national primary drinking water regulation, or
1668 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. " ( B ) perform monitoiing- re(iuired 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 141(i, 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. Regulations. -j^j^^ Admluistrator shall by regulation prescribe the form and manner for giving such notice. Such notice shall be given not less than once every 3 months, shall be given by publication in a ncAvspaper of general circulation serving the area served by each such water system (as determined by the Administrator), shall be furnished to the other communications media serving such area, and shall be furnished to the communications media as soon as practicable after the discovery of the violation with respect to which the notice is required. If the water bills of a public water system are issued more often than once every 8 months, such notice shall be included in at least one water bill of the system every 3 months, and if a public water system issues its water bills less often than once every 3 months, such notice shall Penalty. bc iucludcd in each of the water bills issued by the system. Any person who willfully violates this subsection or regulations thereunder shall be fined not more than $5,000. " ( d ) Whenever, on the basis of information available to him, the Administrator finds that within a reasonable time after national secondary drinking water regulations have been promulgated, one or more public water systems in a State do not comply with such second- ary regulations, and that such noncompliance appears to result from a failure of such State to take reasonable action to assure that public water systems throughout such State meet such secondary regulations, ^°'^"- he shall so notify the State. "(e) Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title. "(f) If the Administi'ator makes a finding of noncompliance (described in subparagraph (A) or (B) of subsection ( a ) ( 1 ) ) with respect to a public water system in a State which has i)rimary enforce- ment responsibility, the Administratoi- may, for the pui-pose of assist- ing that State in carrying out such responsibility and upon the petition of such State or public water system or persons sei-ved by such system, ubui'^hear.'^ liold, after appropriate notice, public hearings for- the purpose of ings. gathering information fi'om technical oi- other experts, Federal, State, or other public officials, representatives of such public water system, persons served by such system, and other interested persons on— " (1) the ways in which such system can within the earliest feasi- ble time be brought into compliance with the regulation or require- ment with respect to which such finding Avas made, and "(2) the means for the maximum feasible protection of the public health during any period in which such system is not in compliance with a national primary drinking water regulation or requirement applicable to a variance or exemption. On the basis of such hearings the Administrator shall issue recom- mendations which shall be sent to such State and public water system and shall be made available to the public and communications media.
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1669 "VARIANCES "SEC. 1415. (a) Notwithstanding any other provision of this part, ''^ use 3oog-4. variances from national primary drinking water regulations may be granted as follows: " ( 1 ) ( A ) A State which has primary enforcement responsibility for public water systems may grant one or more variances from an applicable national primary drinking water regulation to one or more public water systems within its jurisdiction which, because of characteristics of the raw water sources which are reasonably available to the systems, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regu- lation despite application of the best technology, treatment tech- niques, or other means, which the Administrator finds are generally available (taking costs into consideration). Before a State may grant a variance under this subparagraph, the State must find that the variance will not result in an unreasonable risk to health. If a State grants a public water system a variance under this subparagraph, the State shall prescribe within one year of the date the variance is granted, a schedule for— " ( i ) compliance (including increments of progress) by the public water system with each contaminant level requirement with respect to which the variance was granted, and "(ii) implementation by the public water system of such control measures as the State may require for each con- taminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required. Before a schedule prescribed by a State pursuant to this sub- hearing. j,^^°.*^'" ^""^ paragraph may take eifcct, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. A schedule prescribed pursuant to this subparagraph for a public water system granted a variance shall require compliance by the system with each contaminant level requirement with respect to which the variance was granted as expeditiously as practicable (as the State may reasonably determine). " ( B ) A State which has primary enforcement responsibility for public water systems may grant to one or more public water sys- tems within its jurisdiction one or more variances from any pro- vision of a national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the public water system applying for the vari- ance demonstrates to the satisfaction of the State that such treat- ment technique is not necessary to protect the health of persons because of the nature of the raw water source of such system. A variance granted under this subparagraph shall be conditioned on such monitoring and other requirements as the Administrator may prescribe. Notice and " ( C ) Before a variance proposed to be granted by a State under hearing. subparagraph (A) or ( B ) may take effect, such State shall pro- vide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice. The State shall promptly notify the Administrator Notice to Ad- •^ i i. . »7 ministrator.
1670 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. of all variances granted by it. Such notification shall contain the reason for the variance (and in the case of a variance under sub- paragraph ( A ) , the basis for the finding required by that subparagraph before the granting of the variance) andf docu- mentation of the need for the variance. Compliance; en- forcement. " ( D ) Each public water system's variance granted by a State under subparagraph (A) shall be conditioned by the State upon compliance by the public water system with the schedule pre- scribed by the State pursuant to that subparagraph. The require- ments of each schedule prescribed by a State pursuant to that subparagraph shall be enforceable by the State under its laws. Any requirement of a schedule on which a variance granted under that subparagraph is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation. " ( E ) Each schedule prescribed by a State pursuant to subpara- graph (A) shall be deemed approved by the Administrator unless the variance for which it was prescribed is revoked by the Admin- istrator under subparagraph (G) or the schedule is revised by the Administrator under such subparagraph. Review of var- i a n c e s and " ( F ) Not later than 18 months after the effective date of the schedules. interim national primary drinking water regulations the Admin- istrator shall complete a comprehensive review of the variances granted under subparagraph (A) (and schedules prescribed pur- suant thereto) and under subparagraph (B) by the States during the one-year period beginning on such effective date. The Admin- istrator shall conduct such subsequent reviews of variances and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under Publication in this subparagraph. Before conducting any review under this sub- Federal R e g i s - ter. paragraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (i) provide infor- mation respecting the location of data and other information respecting the variances to be reviewed (including data and other information concerning new scientific matters bearing on such variances), and (ii) advise of the opportunity to submit comments on the variances reviewed and on the need for con- Publication in tinuing them. Upon completion of any such review, the Admin- Federal Regis- istrator shall publish in the Federal Register the results of his ter. review together with findings responsive to comments submitted in connection with such review. " ( G ) (i) If the Administrator finds that a State has, in a sub- stantial number of instances, abused its discretion in granting variances under subparagraph (A) or (B) or that in a substan- tial number of cases the State has failed to prescribe schedules in Notice to accordance with subparagraph ( A ) , the Administrator shall State. notify the State of his findings. In determining if a State has abused its discretion in granting variances in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the variances and if the requirements applicable to the granting of the variances were complied with. A notice under this clause shall— " ( I ) identify each public water system with respect to which the finding was made, " ( I I ) specify the reasons for the finding, and
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1671 " ( I I I ) as appropriate, propose revocations of specific vari- ances or i^ropose revised schedules or otlier requirements for specific public Avater systems granted variances, or both, "(ii) The Administrator shall provide reasonable notice and hea^n"^''"'^ public hearing on the provisions of each notice given pursuant to clause (i) of this subparagraph. After a hearing on a notice pur- suant to such clause, the Administrator shall (I) rescind the finding for which the notice was given and promptly notify the State of such rescission, or ( I I ) promulgate (with such modifica- tions as he deems appropriate) such variance revocations and revised schedules or other requirements proposed in such notice as he deems appi'opriate. Not later than 180 days after the date a notice is given pursuant to clause (i) of this subparagraph, the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence. "(iii) If a State is notified under clause (i) of this subpara- graph of a finding of the Administrator made with respect to a variance granted a public water system within that State or to a schedule or other requirement for a variance and if, before a revocation of such variance or a revision of such schedule or other requirement promulgated by the Administrator takes effect, the State takes corrective action with respect to such variance or schedule or other requirement which the Administrator deter- mines makes his finding inapplicable to such variance or schedule or other requirement, the Administrator shall rescind the appli- cation of his finding to that variance or schedule or other requirement. No variance revocation or revised schedule or other requirement may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule or other requirement was proposed. "(2) If a State does not have primary enforcement responsi- bility for public water systems, the Administrator shall have the same authority to grant variances in such State as the State would have under paragraph (1) if it had primary enforcement responsibility. "'(8) The Administrator may grant a variance from any treat- ment technique requirement of a national primary drinking water regulation upon a showing by any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed. A variance under this paragraph shall be conditioned on the use of the alternativ'c treatment technique which is the basis of the variance. " ( b ) Any schedule or other requirement on which a variance granted under paragraph ( 1 ) ( B ) or (2) of subsection (a) is conditioned may be enforced under section 1414 as if such schedule or other require- ment was part of a national primary drinking water regulation. "(c) If an application for a variance under subsection (a) is made, Applications for the State receiving the application or the Administrator, as the case v a r i a n c e s . may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission. •'(d) For purposes of this section, the term 'treatment technique technique 'Treatment re- requirement means a requirement m a national primary drinking quirement." water regulation which specifies for a contaminant (in accordance with section 1401(1) (C) (ii)) each treatment technique known to the Administrator which leads to a reduction in the level of such con- taminant sufficient to satisfy the requirements of section 1412(b) (3).
1672 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. a EXEMFriONS 42 use 3oog-5. "gpc. 1416. (a) A State which has primary enforcement responsi- bility may exempt any public water system within the State's jurisdic- tion from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation upon a finding that— "(1) due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement, "(2) the public water system was in operation on the effective date of such contaminant level or treatment technique require- ment, and "(3) the granting of the exemption will not result in an unrea- sonable risk to health. " (b) (1) If a State grants a public water system an exemption vmder subsection ( a ) , the State shall prescribe, within one year of the date the exemption is granted, a schedule for— " ( A ) compliance (including increments of progress) by the public water system with each containment level requirement and treatment technique requirement with respect to which the exemp- tion was granted, and " ( B ) implementation by the public water system of such con- trol measures as the State may require for each containment, sub- ject to such contaminant level requirement or treatment technique requirement, during the period ending on the date compliance with such requirement is required. Notice and Before a schedule prescribed by a State pursuant to this subsection hearing. may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preced- ing sentence may cover the prescribing of more than one such sched- ule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. "(2) (A) A schedule prescribed pursuant to this subsection for a public water system granted an exemption under subsection (a) shall require compliance by the system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable (as the State may reason- ably determine) but (except as provided in subparagraph ( B ) ) — "(i) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by the interim national primary drinking water regulations promulgated under section 1412(a), not later than January 1, 1981; and "(ii) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, not later than seven years after the date such requirement takes effect. " ( B ) Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a sched- ule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall— " ( i ) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment tech- nique requirement prescribed by interim national primary drink- ing water regulations, be not later than January 1,1083; and
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1673 "(ii) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment tech- nique requirement prescribed by revised national primary drink- ing water regulations, be not later than nine years after such requirement takes effect. "(3) Each public water system's exemption granted by a State Compliance; enforcement. under subsection (a) shall be conditioned by the State upon com- pliance by the public water system with the schedule prescribed by the State pursuant to this subsection. The requirements of each schedule prescribed by a State pursuant to this subsection shall be enforceable by the State under its laws. Any requirement of a schedule on which an exemption granted under this section is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation. "(4) Each schedule prescribed by a State pursuant to this subsec- tion shall be deemed approved by the Administrator unless the exemp- tion for which it was prescrilied is revoked by the Administrator under subsection (d) (2) or the schedule is revised by the Adminis- trator under such subsection. "(c) Each State which grants an exemption under subsection (a) Notice to Ad- ministrator. shall promptly notify the Administrator of the granting of such exemption. Such notification shall contain the reasons for the exemp- tion (including the basis for the finding required by subsection (a) (3) before the exemption may be granted) and document the need for the exemption. " ( d ) ( 1 ) Not later than 18 months after the effective date of the Review of ex- emptions and interim national primary drinking water regulations the Adminis- schedules. trator shall complete a comprehensive review of the exemptions granted (and schedules prescribed pursuant thereto) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of exemptions and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under this subpara- graph. Before conducting any review under this subparagraph, the Publication in Federal R e g i s t e r . Administrator shall publish notice of the proposed review in the Fed- eral Register. Such notice shall (A) provide information respecting the location of data and other information respecting the exemptions to be reviewed (including data and other information concerning new scientific matters bearing on such exemptions), and (B) advise of the opportunity to submit comments on the exemptions reviewed and on the need for continuing them. Upon completion of any such review, the Publication in Administrator shall publish in the Federal Register the results of his Federal Register. review together with findings responsive to comments submitted in connection with such review. " (2) (A) If the Administrator finds that a State has. in a substantial number of instances, abused its discretion in granting exemptions under subsection (a) or failed to prescribe schedules in accordance with subsection (b), the Administrator shall notify the State of his Notice to S t a t e . finding. In determining if a State has abused its discretion in grant- ing exemptions in a substantial number of instances, the Adminis- trator shall consider the number of persons who are affected by the exemptions and if the requirements applicable to the granting of the exemptions were complied with. A notice under this subparagraph shall— "(i) identify each exempt public water system with respect to which the finding was made, "(ii) specify the reasons for the finding, and
1674 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. "(iii) as appropriate, propose revocations of specific exemp- tions or propose revised schedules for specific exempt public water systems, or both. Notice and " ( B ) The Administrator shall provide reasonable notice and public hearing. hearing on the provisions of each notice given pursuant to subpara- graph ( A ) . After a hearing on a notice pursuant to subparagraph ( A ) , the Administrator shall (i) rescind the finding for which the notice was given and promptly notify the State of such rescission, or (ii) promulgate (with such modifications as he deems appropriate) such exemption revocations and revised schedules proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to subparagraph ( A ) , the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence. " ( C ) If a State is notified under subparagraph (A) of a finding of the Administrator made with respect to an exemption granted a public water system within that State or to a schedule prescribed pursuant to such an exemption and if before a revocation of such exemption or a revision of such schedule promulgated by the Administrator takes effect the State takes corrective action with respect to such exemption or schedule which the Administrator determines makes his finding inapplicable to such exemption or schedule, the Administrator shall rescind the application of his finding to that exemption or schedule. No exemption revocation or revised schedule may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule was proposed. "Treatment "(e) For purposes of this section, the term 'treatment technique technique r e - quirement." requirement' means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 1401(1) (C) (ii)) each treatment techniqvie known to the Administrator which leads to a reduction in the level of such contami- nant sufficient to satisfy the requirements of section 1412(b) (3). "(f) If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to exempt public water systems in such State from maximum contaminant level requirements and treatment technique requirements under the same conditions and in the same manner as the State would be authorized to grant exemptions under this section if it had primary enforcement responsibility. Applications for e x e m p t i o n s . " ( g ) If an application for an exemption under this section is made, the State receiving the application or the Administrator, as the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission. " P A R T C—PROTECTION OF UNDERGROUND SOURCES OF D R I N K I N G WATER ' R E G U L A T I O N S FOR STATE PROGRAMS 42 u s e 300h. "SEC. 1421. (a) (1) The Administrator shall publish proposed reg- ulations for State underground injection control programs within 180 days after the date of enactment of this title. Within 180 days after publication of such proposed regulations, he shall promulgate such regulations with such modifications as he deems appropriate. Any regulation under this subsection may be amended from time to time.
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1675 "(2) Any regulation under this section shall be proposed and pro- mulgated in accordance with section 553 of title 5, United States Code (relating to rulemaking), except that the Administrator shall provide Hearing. opportunity for public hearing prior to promulgation of such regula- tions. In proposing and promulgating regulations under this section, the Administrator shall consult with the Secretary, the National Drinking Water Advisory Council, and other appropriate Federal entities and with interested State entities. " ( b ) ( 1 ) Regulations under subsection (a) for State underground injection programs shall contain minimum requirements for effective programs to prevent underground injection which endangers drink- ing water sources within the meaning of subsection ( d ) ( 2 ) . Such regulations shall require that a State pi'ogram, in order to be approved under section 1422— j " ( A ) shall prohibit, effective three years after the date of the enactment of this title, any underground injection in such State which is not authorized by a permit issued by the State (except that the regulations may permit a State to authorize underground injection by r u l e ) ; " ( B ) shall require (i) in the case of a program which provides for authorization of underground injection by permit, that the applicant for the permit to inject must satisfy the State that the underground injection will not endanger drinking water sources, and (li) in the case of a program which provides for such an authorization by rule, that no rule may be promulgated which authorizes any underground injection Avhich endangers drinking water sources; " ( C ) shall include inspection, monitoring, recordkeeping, and reporting requirements; and " ( D ) shall apply (i) as prescribed by section 1447(b). to underground injections by Federal agencies, and (ii) to under- ground injections by any other person whether or not occurring on property owned or leased by the United States. "(2) Regulations of the Administrator under this section for State underground injection control programs may not prescribe require- ments which interfere wnth or impede— " ( A ) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or " ( B ) any underground injection for the secondary or tertiary recovery of oil or natural gas, unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. "(c) (1) The Administrator may, upon application of tlie Governor Temporary per- of a State which authorizes underground injection by means of per- "'"^• mits, authorize such State to issue (without regard to subsection (b) (1) (B) (i)) temporary permits for underground injection which may be effective mitil the expiration of foui- years after the date of enactment of this title, if— " ( A ) the Administrator finds that Hie State has demonstr-ated that it is unable and could not reasonably have been able to proc- ess all permit applications within the time available; " ( B ) the Administrator determines the adverse effect on the environment of such temporary permits is not unwarranted; " ( C ) such temporary permits will be issued only with respect to injection wells in operation on the date on which such State's permit program approved under this part first takes effect and for which there was inadequate time to process its permit appli- cation : and
1676 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. " ( D ) the Administrator determines the temporary permits require the use of adequate safeguards established by rules adopted by him. "(2) The Administrator may. upon application of the Governor of a State which a\ithorizes underground injection by means of permits, authorize such State to issue (without regard to subsection (b) (1) (B) Notice and ( i ) ) , but after reasonable notice and hearing, one or more temporary hearing. permits each of which is applicable to a particular injection well and to the underground injection of a particular fluid and which may be effective until the expiration of four yeai-s after the date of enactment of this title, if the State finds, on the record of such hearing— " ( A ) that technology (or other means) to permit safe injection of the fluid in accordance with the apj)licable underground injec- tion control program is not generally available (taking costs into consideration) ; "(I^) that injection of the fluid would be less harmful to health than the use of other available means of disposing of waste or pro- ducing the desired pi'oduct; and " ( C ) that available technology or other means liave been employed (and will be employed) to reduce the volume and tox- icity of the fluid and to minimize the potentially adverse effect of the injection on the ])ublic health. " ( d ) For purposes of this p a r t : "Underground "(1) The term 'underground injection' means the subsurface injection." emplacement of fluids by well injection. "(2) Underground injection endangers drinking water sources if such injection may result in the presence in underground water which supplies or can reasonably be expected to supply any public water system of any contaminant, and if the presence of such con- taminant may result in such system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons. ' S T A T E riUMARY EXFORCEMEXT RESPONSIBILITY Publication in "SEC. 1422. (a) Within 180 days after the date of enactment of this Federal Regis- ter. title, the Administrator shall list in the Federal Register each State 42 u s e 300h.l. for which in his judgment a State underground injection control pro- gi'am may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be amended from time to time. " ( b ) ( 1 ) ( A ) Each State listed under subsection (a) shall within 270 days after the date of pronmlgation of any regulation under sec- tion 1421 (or, if later, within 270 days after such State is first listed under subsection ( a ) ) submit to the Administrator an application which contains a showing satisfactory to the Administrator that the State— "(i) has adopted after reasonable notice and public hearings, and will implement, an underground injection control program which meets the I'equirements of regulations in effect under section 1421; and Recordkeeping. "(ii) will keep such records and make such reports with respect to its activities under its underground injection control program as the Administrator may require by regulation. Notice to Ad- " ( B ) Within 270 days of any amendment of a regulation under ministrator. section 1421 revising or adding any requirement respecting State underground injection control programs, each State listed under sub- section (a) shall submit (in such form and manner as the Administra-
88 STAT. ] PUBLIC LAW93-523-DEC. 16, 1974 1671 tor may require) a notice to the Administrator containing a showing satisfactory to him that the State underground injection control pro- gram meets the revised or added requirement. "(2) Within ninety days after the State's application under para- graph (1) (A) or notice under paragraph (1) (B) and after reasonable opportunity for presentation of views, the Administrator shall by rule either approve, disapprove, or approve in part and disapprove in part, the State's underground injection control program. "(3) If the Administrator approves the State's program under paragraph (2), the State shall have primary enforcement responsi- bility for underground water sources until such time as the Admin- istrator determines, by rule, that such State no longer meets the requirements of clause (i) or (ii) of paragraph (1) (A) of this subsection. "(4) Before promulgating any rule under paragraph (2) or (3) Hearing. of this subsection, the Administrator shall provide opportunity for public hearing respecting such rule. "(c) If the Administrator disapproves a State's program (or part thereof) under subsection ( b ) ( 2 ) , if the Administrator determines under subsection (b) (3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b) (1) ( A ) , or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection ( b ) ( 1 ) , the Administrator shall by Regulation. regulation within 90 days after the date of such disapproval, determi- nation, or expiration (as the case may be) prescribe (and may from time to time by regulation revise) a program applicable to such State meeting the requirements of section 1421(b). Such program may not include requirements which interfere with or impede— "(1) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natui'al gas production, or "(2) any underground injection for the secondary or tertiary recovery of oil or natural gas, unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. Such program shall apply in such State to the extent that a program adopted by such State which the Administrator determines meets such requirements is not in effect. Before promulgating any regula- Hearing. tion under this section, the Administrator shall provide opportunity for public hearing respecting such regulation. "Applicable un.- " ( d ) For purposes of this title, the term 'applicable underground derground injec- injection control program' with respect to a State means the program tion control (or most recent amendment thereof) (1) which has been adopted program." by the State.and which has been approved under subsection (b), or (2) which has been prescribed by the Administrator under subsec- tion (c). FAILURE OF STATE TO ASSURE ENFORCEMENT OF PROGRAM "SEC. 1423. ( a ) ( 1 ) Whenever the Administrator finds during a 42 u s e 300h.2. period during which a State has primary enforcement responsibility for underground water sources (Mathin the meaning of section 1422 ( b ) ( 3 ) ) that any person who is subject to a requirement of an appli- cable underground injection control program in such State is violating such requirement, he shall so notify the State and the person violating Notice to State such requirement. If the Administrator finds such failure to comply and violator. extends beyond the thirtieth day after the date of such notice, he shall give public notice of such finding and request the State to report Public notice.
1678 PUBUC LAW 93-523-DEC. 16, 1974 [88 STAT. within 15 days after the date of such public notice as to the steps being taken to bring such person into compliance with such require- ment (including reasons for anticii)ated steps to be taken to bring such person into compliance with such re(i[uirement and for any failure to take steps to bring such i)ers()n into compliance with such Civil action, requirement). If— conditions. " ( A ) such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to the first sentence of this paragraph, and "B) (i) the State fails to submit the report requested by the Administrator within the time period prescribed by the preceding sentence, or "(ii) the State submits such report within such period but the Administrator, after considering the report, determines that by failing to take necessary steps to bring such person into compli- ance by such sixtieth day the State abused its discretion in carry- ing out primary enforcement responsibility for underground water sources, the Administrator may connnence a civil action under subsection (b)(1). ' . . . . "(2) Whenever the Administrator finds during a period during which a State does not have primary enforcement responsibility for underground water sources that any person subject to any requirement of any applicable underground injection control program in such State is violating such requirement, he may commence a civil action under subsection (b) (1). " ( b ) ( 1 ) When authorized by subsection ( a ) , the Administrator may bring a civil action under this paragraph in the appropriate United States district court to require compliance with any require- ment of an applicable underground injection control program. The court may enter such judgment as protection of public health may require, including, in the case of an action brought against a person who violates an applicable requirement of an underground injection control program and who is located in a State which has primary Penalty. enforcement responsibility for underground water sources, the impo- sition of a civil penalty of not to exceed $5,000 for each day such person violates such requirement after the expiration of 60 days after receiving notice under subsection ( a ) ( 1 ) . Penalty. u^2) Any persou who violates any requirement of an applicable underground injection control i)rogram to which he is subject during any period for which the State does not have primary enforcement responsibility for undergi-ound water sources (A) shall be subject to a civil penalty of not more than $5,000 for each day of such violation, or (B) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause ( B ) , be fined not more than $10,000 for each day of such violation. "(c) Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall relieve any person of anv requirement otherwise applicable under this title. " I N T E R I M RKOri.A'JTON OF XrXDER(}R0UXD INJECTIONS 42 u s e 300h-3. "SEC. 1424. (a) (1) Any person may petition the Administrator to have an area of a State (or States) designated as an area in which no new underground injection well may be operated during the period beginning on the date of the designation and ending on the date on which the applicable underground injection control program covering
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1679 such area takes effect unless a permit for the operation of such well has been issued by the Administrator under subsection (b). The Administrator may so designate an area within a State if he finds that the area has one aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a signifi- cant hazard to public health. "(2) Upon receipt of a petition under paragraph (1) of this sub- Publication in Federal Regis- section, the Administrator shall publish it in the Federal Register and ter. shall provide an opportunity to interested persons to submit written data, views, or arguments thereon. Not later than the 30tli day follow- ing the date of the publication of a petition under this paragraph in the Federal Register, the Administrator shall either make the desig- nation for which the petition is submitted or deny the petition. "(b) (1) During the period beginning on the date an area is desig- nated under subsection (a) and ending on the date the applicable underground injection conti'ol program covering such area takes effect, no new underground injection well may be operated in such area unless the Administrator has issued a permit for such operation. "(2) Any person may petition the Administrator for the issuance Well operation permit. of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such manner and contain such information as the Administrator may require by regulation. Upon receipt of such a petition, the Administrator shall P u b l i c a t i o n in Federal Regis- publish it in the Federal Register. Tlie Administrator shall give notice ter. of any proceeding on a petition and shall provide opportunity for agency hearing. The Administrator shall act upon such petition on the record of any hearing held pursuant to the preceding sentence respect- ing such petition. Witliin 120 days of the publication in the Federal Register of a petition submitted under this paragraph, the Adminis- trator shall either issue the permit for which the petition was submitted or shall deny its issuance. "(3) The Administrator may issue a permit for the operation of a Conditions for issuance. new underground injection well in an area designated under subsection (a) only if he finds that the operation of such well will not cause con- tamination of the aquifer of such area so as to create a significant haz- ard to public health. The Administrator may condition the issuance of such a permit upon the use of such conti-ol measures in connection with the operation of such well, for which the permit is to be issued, as he deems necessary to assure that the operation of the Avell will not contaminate the aquifer of the designated area in which the well is located so as to create a significant hazard to public health. "(c) Any person who operates a new underground injection well in Penalty. violation of subsection ( b ) , (1) shall be subject to a civil penalty of not more than $5,000 for each day in which such violation occurs, or (2) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause (1), be fined not more than $10,000 for each day in which such violation occurs. If the Administrator has reason to Temporary re- straining order believe that any person is violating or will violate subsection (b), he or injunction. may petition the United States district court to issue a temporary restraining order or injunction (including a mandatory injunction) to enforce such subsection. " ( d ) For purposes of this section, the term 'new underground injec- " N e w under- ground injection tion well' means an underground injection well whose operation was well." not approved by appropriate State and Federal agencies before the date of the enactment of this title. " (e) If the Administrator determines, on his own initiative or upon Areas with one aquifer. petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would
1680 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. Fe^"^i\''R"°" '" create a significant hazard to public health, he shall publish notice of ^^e era egis- ^j^^^ determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer. "PART D—EMERGENCY POWERS "EMERGENCY POWERS 42 use 3ooi. "SEC. 1431. (a) Notwithstanding any other provision of this title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such persons. To the extent he determines it to be practicable in light of such imminent w?h's^t""e^lt^d endangerment, he shall consult with the State and local authorities in local author!. Order to coufirm the correctness of the information on which action ties. proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking. The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. penalty. " (b) Any person who willfully violates or fails or refuses to comply with any order issued by the Administrator under subsection (a) (1) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues. " P A R T E — G E N E R A L PROVISIONS "ASSURANCE OF AVAILABILITY or ADEQUATE SUPPLIES OF CHEMICALS NECESSARY FOR T R E A T M E N T OF WATER Certification "SEC. 1441. (a) If ally person who uses chlorine, activated carbon, of n e e d a p p l i - -. • i i j _ ' • -i cation. lime, ammonia, soda ash, potassium permanganate, caustic soda, or 42 use 3ooj. other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so avail- able to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (here- inafter in this section referred to as a 'certification of need') that the amount of such chemical or substance which such person requires to effectively treat such water is not reasonably available to him or will not be so available when required for the effective treatment of such water. Application ^^ (h) (1) Au applicatlon for a certification of need shall be in such requiremen s. form aud Submitted in such manner as the Administrator may require
88 STAT. ] PUBLIC LAW 9a-523-DEC. 16, 1974 1681 and shall (A) specify the persons the applicant determines are able to provide the chemical or substance with respect to which the appli- cation is submitted, (B) specify the persons from whom the applicant has sought such chemical or substance, and (C) contain such other information as the Administrator may require. "(2) Upon receipt of an application under this section, the Admin Federal Publication in Regis- istrator shall (A) publish in the Federal Register a notice of the leT. receipt of the application and a brief summary of it, (B) notify in writing each person whom the President or his delegate (after con- sultation with the Administrator) determines could be made subject to an order required to be issued upon the issuance of the certification of need applied for in such application, and (C) provide an oppor- tunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall Waiver. not apply when the Administrator for good cause finds (and incorpo- rates the finding with a brief statement of reasons therefor in the order issued) that waiver of such requirements is necessary in order to protect the public health. "(3) Within 30 days after— certification. " ( A ) the date a notice is published under paragraph (2) in the i s s u a n c e or Federal Register with respect to an application submitted under d e n i a l . this section for the issuance of a certification of need, or " ( B ) the date on which such application is received if as author- ized by the second sentence of such paragraph no notice is pub- lished with respect to such application, the Administrator shall take action either to issue or deny the issu- ance of a certification of need. "(c) (1) If the Administrator finds that the amount of a chemical or substance necessary for an applicant under an application submitted under this section to effectively treat water in a public water system or in a public treatment works is not reasonably available to the appli- cant or will not be so available to him when required for the effective treatment of such water, the Administrator shall issue a certification of need. Not later than seven days following the issuance of such certification, the President or his delegate shall issue an order requir- ing the provision to such person of such amounts of such chemical or substance as the Administrator deems necessary in the certification of need issued for such person. Such order shall apply to such manufac- turers, producers, processors, distributors, and repackagers of such chemical or substance as the President or his delegate deems necessary and appropriate, except that such order may not apply to any manu- facturer, producer, or processor of such chemical or substance who manufactures, produces, or processes (as the case may be) such chemi- cal or substance solely for its own use. Persons subject to an order issued under this section shall be given a reasonable opportunity to consult with the President or his delegate with respect to the implementation of the order. "(2) Orders which are to be issued under paragraph (1) to manu- Apportionment. facturers, producers, and processors of a chemical or substance shall be equitably apportioned, as far as practicable, among all manufac- turers, producers, and processors of such chemical or substance; and orders which are to be issued under paragraph (1) to distributors and repackagers of a chemical or substance shall be equitably appor- tioned, as far as practicable, among all distributors and repackagers of such chemical or substance. In apportioning orders issued under pai-agi'aph (1) to manufacturers, producers, processors, distributors, and repackagers of chlorine, the President or his delegate shall, in carrying out the requirements of the preceding sentence, consider—
1682 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. " ( A ) the geographical relationships and established commer- cial relationships between such manufacturers, producers, proces- sors, distributors, and repackagers and the persons for whom the orders are issued; " ( B ) in the case of orders to be issued to producers of chlorine, the (i) amount of chlorine historically supplied by each such pro- ducer to treat water in public water systems and public treat- ment works, and (ii) share of each such producer of the total annual production of chlorine in the L^nited States; and " ( C ) such other factors as the President or his delegate may determine are relevant to the apportionment of orders in accord- ance with the requirements of the preceding sentence. Application for "(3) Subject to subsection ( f ) , any person for whom a certification additional cer- tifications. of need has been issued under this subsection may upon the expiration of the order issued under paragraph (1) upon such certification apply under this section for additional certifications. " ( d ) There shall be available as a defense to any action brought for breach of contract in a Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange a chemical or substance subject to an order issued pursuant to subsection (c) (1), that such delay or failure was caused solely by compliance with such order. Noncompliance, "(e) (1) Whoever knowingly fails to comply with any order issued penalties. pursuant to subsection (c) (1) shall be fined not more than $5,000 for each such failure to comply. "(2) Whoever fails to comply with any order issued pursuant to subsection (c) (1) shall be subject to a civil penalty of not more than $2,500 for each such failure to comply. Temporary re- "(3) Whenever the Administrator or the President or his delegate straining order, preliminary or has reason to believe that any person is violating or will violate any permanent injunc- order issued pursuant to subsection (c) (1), he may petition a United tion. States district court to issue a temporary restraining order or pre- liminary or permanent injunction (including a mandatory injunction) to enforce the provision of such order. Termination "(f) No certification of need or order issued under this section may dates. remain in effect— "(1) for more than one year, or "(2) after June 30, 1977, whichever occurs first. "RESEAIU'TI, T E C H N I C A L ASSISTANCE, I N F O R M A T I O N , TRAINING OF PERSONNEL 42 u s e 300J-1. "SEC. 1442. (a) (1) The Administrator may conduct research, stud- ies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impaiiinents of man resulting directly or indirectly from contami- nants in water, or to the provision of a dependably safe supply of drinking water, including— " ( A ) improved methods (i) to identify and measure the exist- ence of contaminants in drinking water (including methods which inay be used by State and local health and water officials), and (ii) to identify the source of such contaminants; " ( B ) improved methods to identify and measure the health effects of contaminants in drinking water; " ( C ) new methods of treating raw water to prepare it for drinking, so as to improve the efficiency of water treatment and to lemove contaminants from water;
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1683 " ( D ) improved methods for providing a dependably safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing the health related hazards of drinking water; and " ( E ) improved methods of protecting underground water sources of public water systems from contamination. ''(2) The Administrator shall, to the maximum extent feasible, pro- Technical as- sistance to vide technical assistance to the States and municipalities in the estab- States. lishment and administration of public water system supervision programs (as defined in section 1443 (c) ( 1 ) ) . Post, p. 1684. "(3) The Administrator shall conduct studies, and make periodic Studies; re- ports to Con- leports to Congress, on the costs of carrying out regulations pre- gress. scribed under section 1412. Ante, p. 1662. ''(4) The Administrator shall conduct a survey and study of— Waste disposal, survey and study, " ( A ) disposal of waste (including residential waste) which transmittal to may endanger underground water which supplies, or can reason- Congress, ably be expected to supply, any public Avater systems, and " ( B ) means of control of such waste disposal. Not later than one year after the date of enactment of this title, he shall transmit to the (^ongress the results of such survey and study, together with such recommendations as he deems appropriate. "(5) The Administrator shall carry out a study of metliods of Studies. underground injection which do not result in the degradation of underground drinking water sources. "(6) The Administrator shall carry out a study of methods of pre- venting, detecting, and dealing with surface spills of <containinants which may degrade underground water sour<:ies for public water systems. " (7) The Administrator shall carry out a study of virus eont;amina- tion of drinking water sources and means of control of such contamination. "(8) The Administrator shall carry out a study of the nature and extent of the impact on underground water which supplies or can reasonably be expected to supply public water systems or (A) aban- doned injection or extraction wells; (B) intensive application of pesticides and fertilizers in underground water recharge areas; and (C) ponds, pools, lagoons, pits, or other surface disposal of contami- nants in imderground water recharge areas. "(9) The Administrator shall conduct a comprehensive study of public water supplies and drinking water sources to determine the nature, extent, sources of and means of control of contamination by chemicals or other substances suspected of being carcinogenic. Not Transmittal to Congress. later than six months after the date of enactment of this title, he shall transmit to the Congress the initial results of such study, together with such recommendations for further review and corrective action as he deems appropriate. " ( b ) In carrying out this title, the Administrator is authorized to— "(1) collect and make available information pertaining to research, investigations, and demonstrations with respect to pro- viding a dependably safe supply of drinking water together with appropriate recommendations in connection therewith; "(2) make available research facilities of the Agency to appro- priate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this title; "(3) make grants to, and enter into contracts with, any public agency, educational institution, and any other organization, in accordance with procedures prescribed by the Administrator, under which he may pay all or a part of the costs (as may be
1684 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. determined by the Administrator) of any project or activity which is designed— " ( A ) to develop, expand, or carry out a program (which may combine training education and employment) for train- ing persons for occupations involving the public health aspects of providing safe drinking water; " ( B ) to train inspectors and supervisory personnel to train or supervise persons in occui)ations involving the public health aspects of providing safe drinking water; or " ( C ) to develop and expand the capability of programs of States and municipalities to carry out the purposes of this title (other than by carrying out State programs of public water system supervision or underground water source pro- ti^ction (as defined in section 1443(d))). Appropriations. "(c) There are authorized to be appropriated to carry out the pro- visions of this section $15,000,000 for the fiscal year ending June 30, 1975; $25,000,000 for the fiscal year ending June 30, 1976; and $35,000,000 for the fiscal year ending June 30,1977. "(JRANTS FOR STATE PROGRAMS P u b l i c water system super- "SEC. 1443. (a) (1) From allotments made pursuant to paragraph vision programs. (4), the Administrator may make grants to States to carry out public 42 u s e 300J-2. water system supervision programs. "(2) No grant may be made under paragraph (1) unless an appli- cation therefor has been submitted to the Administrator in such form and manner as he may re(}uire. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State— " ( A ) has established or will establish within one year from the date of such grant a public water system supervision program, and " ( B ) will, within that one year, assume primary enforcement responsibility for public water systems within the State. No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. "(3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program. Allotment of " (4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under para- graph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1) : Provided^ That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided, further^ That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. Appropriations. "(5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $15,000,000 for the fiscal year end- ing June 30. 1976, and $25,000,000 for the fiscal year ending June 30, 1977.
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1685 " ( b ) ( 1 ) From allotments made pursuant to paragraph (4), the underground Administrator may make grants to States to carry out underground ^ro'tect^U)n'^'* water source protection programs. programs. "(2) No grant may be made under paragraph (1) unless an appli- cation therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State— " ( A ) has established or will establish within two years from the date of such grant an underground water source protection, and " ( B ) will, within such two years, assume primary enforce- ment responsibility for underground water sources within the State. No grant may be made to a State under paragraph (1) for any period beginning more than two years after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for underground water sources within the State. "(3) A grant imder paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, an under- ground water source protection program. "(4) In each fiscal year the Administrator shall, in accordance Allotment of with regulations, allot the sums appropriated for such year imder paragraph (5) among the States on the basis of population, geo- graphical area, and other relevant factors. "(5) For purposes of making grants under paragraph (1) there Appropriations are authorized to be appropriated $5,000,000 for the fiscal year ending June 30. 1976, and $7,500,000 for the fiscal year ending Jime 30, 1977. "(c) For purposes of this section: Definitions. " (1) The term 'public water system supervision program' means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regu- lations 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) which are no less stringent than the national primary drinking water regulations under section 1412, and for keeping records and making reports required by section 1413(a)(3). "(2) The term 'underground water source protection program' means a program for the adoption and enforcement of a program which meets the requirements of regulations imder section 1421 and for keeping records and making reports required by section 1422(b)(1) (A) (ii). "SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED LOANS "SEC. 1444. (a) The Administrator may make grants to any person "^^ "^"^ 3ooj-3. for the purposes of— "(1) assisting in the development and demonstration (includ- ing construction) of any project which will demonstrate a new or improved method, approach, or technology, for providing a dependably safe supply of drinking water to the public; and "(2) assisting in the development and demonstration (includ- ing construction) of any project which will investigate and dem- onstrate health implications involved in the reclamation, recycling,
1686 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. and reuse of waste waters for drinking and the processes and methods for the preparation of safe and acceptable drinking water. Limitations. ^^(h) Grants made by the Administrator under this section shall be subject to the following limitations: " (1) Grants under this section shall not exceed 66% per centum of the total cost of construction of any facility and 75 per centum of any other costs, as determined by the Administrator. "(2) Grants under this section shall not be made for any proj- ect involving the construction or modification of any facilities for any public water system in a State unless such project has been approved by the State agency charged with the responsibility for safety of drinking Avater (or if there is no such agency in a State, by the State health authority). " (3) Grants under this section shall not be made for any project unless the Administrator determines, after consulting the National Drinking Water Advisory Council, that such project will serve a useful purpose relating to the development and demonstration of new or improved techniques, methods, or technologies for the provision of safe water to the public for drinking. " (4) Priority for grants under this section shall be given where there are known or potential public health hazards which require advanced technology for the removal of particles which are too small to be removed by ordinary treatment technology. Appropriations. u^^^ y^^ ^^^ purposes of making grants under subsections (a) and (b) of this section there are authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1975; and $7,500,000 for the fiscal vear ending June 30, 1976; and $10,000,000 for the fiscal year ending June 30,1977. to^uMic"wa^er^^ "(*^) "^^^ Admluistrator during the fiscal years ending June 30, systems. 1975, aud Juue 30, 1976, shall carry out a program of guaranteeing loans made by private lenders to small public water systems for the purpose of enabling such systems to meet national primary drinking water regulations (including interim regulations) prescribed under An"e,'p?T6'62. sectlou 1412. No such guarantee may be made with respect to a system unless (1) such system cannot reasonably obtain financial assistance necessary to comply with such regulations from any other source, and (2) the Administrator determines that any facilities constructed with a loan guaranteed under this subsection is not likely to be made Indebtedness limitation. obsolete by subsequent changes in primary regulations. The aggregate amount of indebtedness guaranteed with respect to any system may Regulations. not exceed $50,000. The aggregate amount of indebtedness guaranteed under this subsection may not exceed $50,000,000. The Administrator shall prescribe regulations to carry out this subsection. a RECORDS A N D I N S P E C T I O N S 42 u s e 300J-4. "SEC. 1445. (a) Every person who is a supplier of water, who is or may be otherwise subject to a primary drinking water regulation pre- scribed under section 1412 or to an applicable underground injection control program (as defined in section 1422(c)), who is or may be subject to the permit requirement of section 1424 or to an order issued under section 1441, or who is a grantee, shall establish and maintain such records, make such reports, conduct such monitoring, and pro- vide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations under this title, in determining whether such person has acted or is acting in compli- ance with this title, or in administering any program of financial assistance under this title.
88 STAT.] PUBLIC LAW 9 3 - 5 2 3 - D E C . 16, 1974 1687 " ( b ) ( 1 ) Except as })rovided in ])ai'a<ri"ai)li (^), tJie Administrator, or representatives of the Adniinistratoi- duly desionated by him, upon presentin<>- a])proj)i-iate credentials and a written notice to any supplier of water or other ])erson subject to a national primary drink- ing water ]'e<>ulation ])resci'ibed under section 1412 or applicable " ^' P- under<rroTUul injection conti-ol ])ro<>i-iun (or ])erson in charge of any of the property of such su])i)]ier or other peison), is authorized to enter any establishment, facility, or other pi'0])erty of such supplier or other person in order to detei-niine whethei- such sui)plier or other person has acted or is acting in compliance with this title, including for this purpose, inspection, at reasonable times, of records, files, papei's, processes, controls, and facilities, or in ordei- to test any fea- ture of a public water system, including its raAv water source. The ^ ^^^jj and^ex- Administrator or the Com))troller (jeneral (or any representative r^'"rds°" ° designated by either) shall ha\e access for the purpose of audit and examination to any i-ecords, rej)orts, or information of a grantee which are requii'ed to be maintained under subsection (a) or which are pertinent to any financial assistance under this title. "(2) No enti-y may be made under the Hi'st sentence of paragraph Entry restric- (1) in an establishment, facility, oi- other pi'Oj)erty of a supplier of water or other person subject to a national ])rimary drinking water regulation if the establishment, facility, oi- other |)ropei-ty is located in a State Avhich has primary enforcement responsibility for ))ublic water systems unless, before Aviitten notice of such entry is made, the Administrator (or his representative) notifies the State agency charged with responsibility for safe drinking water- of the reasons for such enti-y. The Administiator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State's ])i'ogram of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice undei- this paragraph of an entry pro})osed to be made under [)aragraph (1) may use the infor- mation contained in the notice to inform the })erson whose property is pi'oposed to be entered of the proposed eiitiy; and if a State agency so uses such information, notice to the agency under this paragraph is not requii'ed until such time as the Administrator determines the agency has pi-ovided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. "(c) Whoever fails or refuses to comply with any requirement of ^^"''I'y- subsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspec- tion authorized by subsection (b) may be fined not more than $5,000. " ( d ) (1) Subject to paragrai)li (2), upon a shoAving satisfactory to Confidential J.1 A 1 • • J. 1 1 1.1 J. • Ji 1- • T 1 information. the Administrator by any person that any mtormation re(|uired under this section from such ])erson. if made public, Avould divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance Avith the purposes of section 1905 of title IS of the Ignited States Code. If the applicant fails to make a shoAving satisfactory to the Administrator, the Admin- istrator shall give such applicant thirty days' notice before releasing the information to Avhich the application relates (unless the public health or safety requires an earlier release of such information), Information "(2) Any information required under this section (A) may be dis- disclosure. closed to other officers, employees, or authorized representatives of the United States concerned Avith carrying out this title or to commit- tees of the Congress, or when relevant in any proceeding under this title, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking Avater. For purposes of this subsection the
1688 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. "Information re- term 'information required under this section' means any papers, quired under this s e c t i o n . " books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section. "Grantee." "(e) For purposes of this section, (1) the term 'grantee' means any person who applies for or receives financial assistance, by grant, con- tract, or loan guarantee under this title, and (2) the term 'person' includes a Federal agency. N A T I O N A L D R I N K I N G WATER ADVISORY C O U N C I L Establishment; membership. "SEC. 1446. (a) There is established a National Drinking Water 42 u s e 300J-5. Advisory Council which shall consist of fifteen members appointed by the Administrator after consultation with the Secretary. Five mem- bers shall be appointed from the general public; five members shall be appointed from appropriate State and local agencies concerned with water hygiene and public water supply; and five members shall be appointed from representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and Term of office, exceptions. public water supply. Each member of the Council shall hold office for a term of three years, except that— "(1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and "(2) the terms of the members first taking office shall expire as follows: Five shall expire three years after the date of enact- ment of this title, five shall expire two years after such date, and five shall expire one year after such date, as designated by the Administrator at the time of appointment. The members of the Council shall be eligible for reappointment. Functions. "(b) The Council shall advise, consult with, and make recom- mendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this title. Compensation. "(c) ISIembers of the Council appointed under this section shall, w'hile attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allow- ances at a rate to be fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade 5 u s e 5332 GS-18 of the General Schedule for each day (including traveltime) note. during wdiich they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 5 u s e app. I. " ( d ) Section 14(a) of the Federal Advisory Committee Act (relat- ing to termination) shall not apply to the Council. "FEDERAL AGENCIES 42 u s e 300J-6. "SEC. 1447. (a) Each Federal agency having jurisdiction over any federally owmed or maintained public water system shall comply with all national primary drinking water regulations in effect under section Ante, p . 1662. 1412, and each Federal agency shall comply wdth any applicable under- Recordkeeping; ground injection control program, and shall keep such records and reports. submit such reports as may be required under such program. Waiver, "(b) The Administrator shall w^aive compliance with subsection (a) upon request of the Secretary of Defense and upon a determination
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 16139 by the President that the requested waiver is necessary in the interest of national security. The Administrator shall maintain a written rec- Records, avaii- ord of the basis upon which such waiver was granted and make such ^'''^''y- record available for in camera examination when relevant in a judicial proceeding under this title. Upon the issuance of such a waiver, the Publication in Administrator shall publish in the Federal Eegister a notice that the ^^^"^^ Register waiver was granted for national security purposes, unless, upon the request of the Secretary of Defense, the Administrator determines to omit such publication because the publication itself would be contrary to the interests of national security, in which event the Administrator g rNotice to con- e s s i o n a l com- shall submit notice to the Armed Services Committee of the Senate mittVes and House of Representatives. "JUDICIAL REVIEW "SEC. 1448. (a) A petition for review of— ^ ^' ^^^ '°°j-'" " (1) action of the Administrator in promulgating any national primary drinking water regulation under section 1412, any regu- lation under section 1413(b)(1), any regulation under section 1414(c), any regulation for State underground injection control programs under section 1421, or any general regulation for the administration of this title may be filed only in the United States Court of Appeals for the District of Columbia Circuit; and "(2) action of the Administrator in promulgating any other regulation under this title, issuing any order under this title, or making any determination under this title may be filed only in the United States court of appeals for the appropriate circuit. Any such petition shall be filed within the 45-day period beginning on the date of the promulgation of the regulation or issuance of the order with respect to which review is sought or on the date of the determination w^ith respect to which review is sought, and may be filed after the expiration of such 45-day period if the petition is based solely on grounds arising after the expiration of such period. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. "(b) The United States district courts shall have jurisdiction of Jurisdiction. actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under section 1415 or 1416 or (2) the require- ments of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review filed with the court within the 45-day period beginning on the date the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the failure to prescribe a schedule, within the 4:5-daj period beginning on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review may be filed after the expiration of such period if the petition is based solely on grounds arising after the expira- tion of such period. Action with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. "(c) In any judicial proceeding in which review is sought of a determination under this title required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence and shows to the satisfaction
1690 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. "ClTlZEX's CIVIL ACTIOX 42 use 300J-8. ugj,^_ ]^449_ (^^^ Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf— "(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement prescribed by or under this title, or "(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this title which is not discretionary with the Administrator. No action may be brought under paragraph (1) against a public water system for a violation of a requirement prescribed by or under this title which occurred within the 27-month period beginning on the first Jurisdiction. (j^y of tfic mouth in which this title is enacted. The United States dis- trict courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce in an action brought under this subsection any requirement prescribed by or under this title or to order the Administrator to perform an act or duty described in paragraph (2), as the case may be. " ( b ) No civil action may be commenced— "(1) under subsection (a) (1) of this section respecting viola- tion of a requirement prescribed by or under this title— " (A) prior to sixty days after the plaintiff has given notice of such violation (i) to the Administrator, (ii) to any alleged violator of such requirement and (iii) to the State in which the violation occurs, or " ( B ) if the Administrator, the Attorney General, or the State has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with such requirement, but in any such action in a court of the United States any person may intervene as a matter of right; or "(2) under subsection ( a ) ( 2 ) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator. Notice, Notice required by this subsection shall be given in such manner as the Administrator shall prescribe by regulation. No person may com- mence a civil action under subsection (a) to require a State to pre- scribe a schedule under section 1415 or 1416 for a variance or exemption, unless such person shows to the satisfaction of the court that the State has in a substantial number of cases failed to prescribe such schedules. "(c) I n any action under this section, the Administrator or the Attorney General, if not a party, may intervene as a matter of right.
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1691 " ( d ) The court, in issuing any final order in any action brought gation.'' ° under subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. The ^J^'J''^^ °^ court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equiv^alent security in accord- ance with the Federal Rules of Civil Procedure. is use app. "(e) Nothing in this section shall restrict any right which any per- son (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this title or to seek any other relief. a GENERAL PROVISIONS "SEC. 1450. ( a ) ( 1 ) The Administrator is authorized to prescribe f2''usc'3°o'o-9 such regulations as are necessary or appropriate to carry out his func- tions under this title. "(2) The Administrator may delegate any of his functions under this title (other than prescribing regulations) to any officer or employee of the Agency. "(b) The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as he deems necessary to assist him in carrying out the purposes of this title. "(c) LTpon the request of a State or interstate agency, the Adminis- trator may assign personnel of the Agency to such State or interstate agency for the purposes of carrying out the provisions of this title. " ( d ) ( 1 ) The Administrator may make payments of grants under Payments of this title (after necessary adjustment on account of previously made g"'"" r a n t°s . underpayments or overpayments) in advance or by way of reimburse- ment, and in such installments and on such conditions as he may determine. "(2) Financial assistance may be made available in the form of grants only to individuals and nonprofit agencies or institutions. For "Nonprofit purposes of this paragraph, the term 'nonprofit agency or institution' hfrt'it^iTti'^'n." means an agency or institution no i)art of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual. "(e) The Administrator shall take such action as may be necessary to assure compliance with provisions of the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a-276a(5)). The Sec- ^o use 276a retary of Labor shall have, with respect to the labor standards specified "° ^' in this subsection, the authoritv and functions set forth in Reorganiza- tion Plan Numbered 14 of 1950 (15 F.R, 3176; 64 Stat. 1267) and s use app. section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). "(f) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted nnder this title to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that lie will appear in such action, attorneys appointed by the Administrator shall appear and represent him. "(g) The provisions of this title shall not be construed as affecting any authority of the Administrator under part G of title I I I of this Act. 42 u s e 264. " ( h ) Not later than April 1 of each year, the Administrator shall rfs^i\ona\°co^mit submit to the Committee on Commerce of the Senate and the Com- tees. mittee on Interstate and Foreign Commerce of the House of Repre- sentatives a report respecting the activities of the Agency under this
1692 PUBLIC LAW 93-523-DEC. 16, 1974 [88 STAT. title and containing such recommendations for legislation as he con- siders necessary. The report of the Administrator under this subsec- tion which is due not Later than April 1, 1975, and each subsequent report of the Administrator under this subsection shall include a statement on the actual and anticipated cost to public water systems OMB review, in each State of compliance with the requirements of this title. The submittal to congressional Office of Management and Budget may review any report required by committees. this subsection before its submission to such committees of Congress, but the Office may not revise any such report, require any revision in any such report, or delay its submission beyond the day prescribed for its submission, and may submit to such committees of Co-\'^ress its comments respecting any such report. Discrimination, prohibition. "(i) (1) No employer may discharge any employee or otherwise dis- criminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee) has— " ( A ) commenced, caused to be commenced, or is about to com- mence or cause to be commenced a proceeding under this title or a proceeding for the administration or enforcement of drink- ing water regulations or underground injection control programs of a State, " ( B ) testified or is about to testify in any such proceeding, or " ( C ) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title. Filing of "(2) (A) Any employee w^ho believes that he has been discharged complaint. or otherwise discriminated against by any person in violation of para- graph (1) may, within 30 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the 'Secretary') alleging such discharge or discrimination. Upon receipt of such a com- plaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. Investigation. " ( B ) (i) Upon receipt of a complaint filed under subparagraph ( A ) , the Secretary shall conduct an investigation of the violation alleged in the complaint. Within 30 days of the receipt of such com- plaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either pro- viding the relief prescribed by clause (ii) or denying the complaint. An order of the Secretary shall be made on the record after notice and opportunity for agency hearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the par- ticipation and consent of the complainant. "(ii) If iii response to a complaint filed under subparagraph (A) the Secretary determines that a violation of paragraph (1) has o?curred, the Secretary shall order (I) the person who committed such violation to take affirmative action to abate the violation, ( I I ) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, condi- tions, and privileges of his employment, ( I I I ) compensatory damages, and ( I V ) where appropriate, exemplary damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess
88 STAT. ] PUBLIC LAW 93-523-DEC. 16, 1974 1693 against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' fees) reasonably incurred, as determined by the Secretary, by the com- plainant for, or in connection with, the bringing of the complaint upon which the order was issued. "(3) (A) Any person adversely affected or aggrieved by an order P e t i t i o n for issued under paragraph (2) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title 5 of the United States Code. The commencement of proceedings under 5 u s e 701, this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary's order. " ( B ) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. "(4) Whenever a person has failed to comply with an order issued Noncompliance under paragraph (2) ( B ) , the Secretary shall file a civil action in the '''"'^ action. United States District Court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, com- pensatory, and exemplary damages. Civil actions filed under this para- graph shall be heard and decided expeditiously. "(5) Any nondiscretionary duty imposed by this section is enforce- Mandamus pro- able in mandamus proceeding brought under section 1361 of title 28 "^^ '"^' of the United States Code. "(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's aofent). deliberately causes a violation of any requirement of this title." (b) Section 2(f) of the Public Health Service Act is amended by '•^ use 201. inserting " ( 1 ) " after "except that" and by inserting before the semi- colon at the end thereof the following: ", and (2) as used in title X I V such term includes Guam, American Samoa, and the Trust Terri- ^"'«' P- ^^ei. toiy of the Pacific Islands". RURAL WATER SURVEY SEC. 3. (a) The Administrator of the Environmental Protection ^2 use soof Agency shall (after consultation with the Secretarj^ of Agriculture "°*^- and the several States) enter into arrangements with public or private entities as may be appropriate to conduct a survey of the quantity, quality, and availability of rural drinking water supplies. Such survey shall include, but not be limited to, the consideration of the number of residents in each rural area— (1) presently being inadequately served by a public or private drinking water supply system, or by an individual home drinking water supply system; (2) presently having limited or otherwise inadequate access to drinking water; (3) who, due to the absence or inadequacv of a drinking water supply system, are exposed to an increased health hazard; and (4) who have experienced incidents of chronic or acute illness, which may be attributed to the absence or inadequacy of a drink- ing water supply system.
1694 PUBLIC LAW 93-524-DEC. 18, 1974 [88 STAT. Report to President and (b) Such survey shall be completed within eighteen months of Congress. the date of enactment of this Act and a final report thereon submitted, not later than six months after the completion of such survey, to the President for transmittal to the Congress. Such report shall include recommendations for improving rural water supplies. Appropriations. (c) There are authorized to be appropriated to carry out the pro- visions of this section $1,000,000 for the fiscal year ending June 30, 1975; $2,000,000 for the fiscal year ending June 80, 1976; and $1,000,000 for the fiscal year ending June 80,1977. BOTTLED D R I N K I N G WATER SEC. 4. Chapter I V of the Federal Food, Drug, and Cosmetic Act is 21 u s e 348. amended by adding after section 409 the followhig new section: a BOTTLED D R I N K I N G WATER STANDARDS 21 u s e 349. "SEC. 410. Whenever the Administrator of the Environmental Pro- tection Agency prescribes interim or revised national primary drink- ing water regulations under section 1412 of the Public Health Service Ante, p. 1662. Act, the Secretary shall consult with the Administrator and within 180 days after the promulgation of such drinking water regulations Publication in either promulgate amendments to regulations under this chapter appli- Federal R e g i s t e r . cable to bottled drinking water or publish in the Federal Register his reasons for not making such amendments.". Approved December 16, 1974. Public Law 93-524 December 18, 1974 AN ACT [S.1353] To deduct from gross tonnage in determining net tonnage those spaces on board vessels used for waste materials. Be it enacted hy the Senate and House of Representatives of the Vessels. United States of America in Congress assembled, That section 4153 Net tonnage for waste of the Revised Statutes (46 XJ.S.C. 77) is amended by inserting follow- materials. ing paragraph (d) the following new paragraph: "(e) Space occupied by machinery used exclusively to separate, clarify, purify, or process, a ship's own slop oil mixture, tank-cleaning residue, bilge residue, or other waste materials, including sewage garbage, galley wastes, or trash and space occupied by any tank, tanks, or collection area used exclusively for the carriage or collection of such slop oil mixture, tank-cleaning residue, or other waste materials, but not to exceed a maximum space deduction established by regulations hereunder. The Secretary of the department in which the Coast Guard is operating in consultation with the Administrator of the Environ- mental Protection Agency, shall issue regulations to define the slop oil mixtures, cleaning residue, and waste materials, establish the maximum deductions which may be made, define the manner in which the spaces shall be used and marked, and as necessary otherwise to carry out the provisions of this paragraph." SEC. 2. Section 4153 of the Revised Statutes (46 XJ.S.C. 77) is further amended by redesignating existing paragraphs (e) through (i) as (f) through ( j ) . Approved December 18, 1974.