Safe Drinking Water Act Amendments of 1984

(Reported to Senate from the Committee on Environment and Public Works with amendment, S. Rept. 98-641)

Safe Drinking Water Act Amendments of 1984 - Part A: Goals and Policy - Amends the Safe Drinking Water Act (the Act) to add a declaration of goals and policy relating to the protection of public water supply systems and ground water resources.

Part B: Public Water Systems - Revises provisions for national primary drinking water regulations.

Provides that, effective on the date of enactment of this Act, each national interim primary drinking water regulation promulgated before such date shall be deemed to be a national primary drinking water regulation. Provides that no such regulation shall be required to comply with specified standards under this Act unless such regulation is amended to establish a different maximum contaminant level after the date of enactment of such amendments.

Directs the Administrator of the Environmental Protection Agency (EPA), within specified time periods for certain contaminants, to: (1) simultaneously propose maximum contaminant level goals and national primary drinking water regulations; and (2) after opportunity for public comment, simultaneously publish maximum contaminant level goals and promulgate national water regulations. Directs the Administrator to do so: (1) within 18 months after the enactment date of this Act, for the 14 contaminants listed in the Advance Notice of Proposed Rulemaking in a specified issue of the Federal Register; and (2) within 36 months after such enactment date, for each of the contaminants listed in the Advanced Notice of Proposed Rulemaking in a specified later issue of the Federal Register. Requires the Administrator, if such goals and regulations for a particular contaminant are not to be proposed and published by such deadlines, to make and publish a determination in the Federal Register that such a regulation is not necessary because the levels of such contaminant currently found in public water systems do not represent a threat of a known or anticipated adverse effect on the health of persons.

Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each substance (other than those contaminants referred to in the previous paragraph) which, in the Administrator's judgment, may have an adverse effect on the health of persons. Requires the Administrator on January 1, 1988, and at annual intervals thereafter, to publish a list establishing priorities for the review of substances which may require regulation under the Act to prevent known or anticipated adverse effects on the health of persons. Requires the Administrator's consideration, in establishing such priorities, to include substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to either: (1) simultaneously propose a maximum contaminant level goal and a national primary drinking water regulation and, after opportunity for public comment, simultaneously publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for those contaminants which in the Administrator's judgment may have any adverse effect on the health of persons; or (2) make and publish in the Federal Register a determination that, in the Administrator's judgment, promulgation of such a regulation is not justified under such criterion. Provides that such determination shall be considered a final agency action for purposes of judicial review.

Requires that each maximum contaminant level goal established under this Act be set at the level which, in the Administrator's judgment, no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Requires that each national primary drinking water regulation for a contaminant for which such a goal is established specify a maximum level which is as close to the goal as is feasible.

Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of a treatment technique in lieu of establishing a maximum contaminant level, upon a finding that it is not economically or technologically feasible to ascertain the level of contaminant. Requires the Administrator, in such case, to identify those treatment techniques which, in the Administrator's judgment, would prevent known or anticipated adverse effects on the health of persons to the extent feasible. Requires that such regulations specify each treatment technique known to the Administrator which meets such requirements, but authorizes the Administrator to grant a variance from any such specified treatment technique. Requires that the specified regulatory deadlines for certain contaminants be complied with in the promulgation of any such treatment technique use requirement for any such contaminant.

Directs the Administrator to propose and promulgate primary drinking water regulations requiring all public water systems using surface water as a source of supply to provide treatment by processes such as (1) filtration and (2) coagulation and sedimentation, as appropriate. Authorizes the Administrator to specify treatment techniques which are equivalent. Directs the Administrator to promulgate a rule specifying criteria that will be used by the Administrator or delegated State authorities to grant variances from this requirement. Requires that such criteria include an evaluation of raw water quality, watershed control, and other protection measures.

Directs the Administrator to propose and promulgate regulations requiring disinfection as a treatment technique for all public water systems. Directs the Administrator to promulgate a rule specifying criteria that will be used by the Administrator or delegated State authorities to grant variances from this requirement. Requires the Administrator or the delegated State authority to provide, to the extent feasible, technical assistance to small public water systems in complying with such requirement.

Authorizes the Administrator, after opportunity for public comment, to change maximum contaminant level goals or the list of treatment techniques. Requires the Administrator, simultaneously with such change, to amend the appropriate national primary drinking water regulations accordingly.

Defines "feasible," for purposes of the establishment of maximum contaminant levels or treatment technique requirements, to mean feasible with the use of best technology, treatment techniques, or other means which the Administrator finds, after examination under field conditions are available (taking cost into consideration).

Provides, for purposes of provisions relating to maximum contaminant level goals, that: (1) the use of granular activated carbon is available (taking costs into consideration) for the control of synthetic organic chemicals; and (2) any technology, treatment technique, or other means found to be best available for the control of synthetic organic chemicals must be at least as effective in controlling synthetic organic chemicals as the use of granular activated carbon.

Requires that each national primary drinking water regulation which establishes a maximum contaminant level shall list the technology, treatment techniques, and other means which the Administrator finds to be feasible for purposes of meeting such level. Prohibits a primary drinking water regulation from requiring that a specified technology, treatment technique, or other means be used for purposes of meeting such level.

Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to proposal of a maximum contaminant level goal and national primary drinking water regulation.

Revises provisions for enforcement of national primary drinking water regulations.

Directs the Administrator to notify the public water system involved, as well as the State, in cases of noncompliance with regulations under the Act.

Directs the Administrator, if the State has not commenced appropriate enforcement action within 30 days of the notification of noncompliance, or if the State does not have primary enforcement responsibility, to either: (1) issue an order requiring the public water system to comply with the regulation or requirement; or (2) commence a civil action in the appropriate U.S. district court to require such compliance.

Sets forth provisions for compliance orders by the Administrator. Authorizes the Administrator to issue such orders in any case in which the Administrator is authorized to bring a civil action for compliance with respect to any regulation under the Act. Provides for notice and opportunity for public hearing, and an opportunity to confer with the Administrator for any State with primary enforcement responsibility, before such an order takes effect. Requires that copies of any such order issued to a corporation be issued to appropriate corporate officers. Sets forth civil penalties of up to $25,000 per day for violation of such orders. Authorizes the Administrator to assess such penalties up to $5,000 per day, but requires that such penalties above $5,000 per day be assessed by the appropriate U.S. district court.

Directs the Administrator, within 12 months after the enactment date of this Act, to amend regulations relating to public notification of such violations of regulations to provide for different types and frequencies of notice based on differences between intermittent or infrequent violations and those which are continuous or frequent, and taking into account the seriousness of any potential adverse health effects. Requires that notice of any violation of a maximum contaminant level and any other notice of a volation designated by the Administrator as continous or posing a serious potential adverse health effect be given no less frequently than every three months. Requires that, in all cases, such notices be given at least annually. Requires that such notice: (1) include notification in a newspaper of general circulation serving the area served by the public water system; and (2) provide a clear and readily understandable explanation of the violation, the steps that the system is taking to correct such violation, and the necessity for seeking alternative water supplies, if any, until the violation is corrected. Provides that the regulations in effect on the enactment date of this Act shall remain in effect until such amendments are promulgated.

Revises provisions for variances.

Provides that a variance may only be issued to a public water system after a system's application of technology, treatment techniques, or other means, which the Administrator finds are the best available (taking cost into consideration). Directs the Administrator to propose and promulgate such findings at the time of the proposal and promulgation of the maximum contaminant levels involved. Allows such finding to vary depending on the number of persons served by the system or for other physical conditions related to engineering feasibility and costs of compliance.

Requires a State to prescribe a schedule for compliance and implementation of any additional control measures at the same time it grants a variance. (Current law gives the State one year to prescribe such schedule after granting a variance.)

Revises provisions for exemptions.

Requires a State to prescribe a schedule for compliance and implementation of control measures at the same time it grants an exemption. (Current law gives the State one year to prescribe such schedule after granting an exemption.)

Requires that such schedules require compliance by the public water system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable but not later than: (1) 12 months after the enactment date of this Act, in the case of exemptions granted with respect to such a level or requirement prescribed by the national primary drinking water regulations promulgated before such enactment date; and (2) 12 months after the issuance date of the exemption, in the case of exemptions from such regulations promulgated after such enactment date.

Authorizes States with primary enforcement responsibility, or the Administrator in any other case, to extend of such compliance deadlines for a period not to exceed three years after the issuance date of the exemption, if the public water system establishes that it is taking all practicable steps to meet the standard and that it: (1) cannot meet the standard without capital improvements which cannot be completed within the exemption period; (2) has entered into agreement to obtain necessary financial assistance for necessary improvements; or (3) has entered into an enforceable agreement to become a part of a regional public water system. Allows one or more additional two-year period renewals of such extensions granted on the basis of clauses (1) or (2), in the case of any system which does not serve more than 500 service connections, which needs financial assistance for the necessary improvements, and which continues to take all practicable steps to meet the standard.

Adds provision for monitoring unregulated contaminants.

Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants.

Directs the Administrator, within 18 months after enactment of this Act, to promulgate regulations for every public water system to conduct a monitoring program for unregulated contaminants. Provides that such regulations shall: (1) require monitoring of drinking water supplied by the system; and (2) vary the frequency and schedule of monitoring requirements for systems based on the number of persons served and the contaminants likely to be found. Requires each system to monitor at least once within five years of the effective date of such regulations, unless the Administrator requires more frequent monitoring. Requires such regulations to: (1) list the unregulated contaminants for which the systems may be required to monitor; and (2) include criteria by which the primary enforcement authority in each State could show cause for deletion of a contaminant from the designated list. Authorizes the primary State enforcement authority to delete contaminants, in accordance with such criteria, with an approved assessment of the contaminants potentially to be found in the system. Requires any such State to submit an assessment to the Administrator which shall be regarded as approved 60 days after its submission unless the Administrator disapproves the assessment. Requires that notification of the availability of the results of such monitoring program (and of the results of monitoring programs for which a waiver is granted) be given to the persons served by the system and the Administrator. Authorizes the Administrator to waive this monitoring requirement for a system which has conducted a monitoring program after January 1, 1983, upon determination that the program has been consistent with regulations promulgated under specified provisions for records and inspections. Provides that any system supplying less than 150 service connections shall be regarded as complying with such monitoring requirement if such system provides water samples according to the rules established by the Administrator. Authorizes appropriations for FY 1986 to carry out such monitoring program requirements.

Adds new technical assistance provisions.

Authorizes the Administrator to provide technical assistance to small public water systems to enable such systems to achieve and maintain compliance with national drinking water regulations. Permits such assistance to include "circuit-rider" programs, training, and preliminary engineering studies. Authorizes appropriations for FY 1985 through 1989 for such technical assistance.

Adds new provisions relating to tampering with public water systems.

Sets forth civil and criminal penalties for such tampering and for attempts or threats to tamper.

Part C: Protection of Underground Sources of Drinking Water - Revises provisions for protection of underground sources of drinking water.

Extends to natural gas storage operations specified limitations on regulation of underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production.

Adds new provisions for restrictions on underground injection of hazardous waste.

Prohibits disposal of any hazardous waste by underground injection above or into a formation which contains (within one-quarter mile of the injection well bore) a drinking water source. Authorizes the Administrator to allow injection of contaminated ground water into the aquifer from which it was withdrawn, upon determination (pursuant to specified approved procedures) that such injection is an appropriate and environmentally acceptable aspect of a cleanup, removal, or remedial action for the contaiminated aquifer.

Adds new provisions relating to the regulation of State programs.

Directs the Administrator, within 18 months after enactment of this Act to revise regulations issued under the Act to require monitoring at locations and in such a way that would provide the earliest possible detection of fluid migration into, or in the direction of, underground drinking water sources from a class I injection well unless the Administrator or delegated State authority concludes, on the basis of the applicant's demonstration, that monitoring is not necessary because no potential exists for migration from the injection zone in quantities that may be harmful to human health or the environment.

Directs the Administrator to submit a report to Congress by September, 1987, summarizing the results of State surveys, currently required by the Administrator, three years after the delegation of the underground injection control program to a primary State enforcement authority. Requires such report to include specified information.

Revises provisions for enforcement of State underground injection control programs.

Directs the Administrator, if the State has not commenced appropriate enforcement action within 13 days of the notification of a violation by any person subject to a requirement of an applicable underground injection control program, or if the State does not have primary enforcement responsibility, to either: (1) issue an order requiring the person to comply with such requirement; or (2) commence a civil action in the appropriate U.S. district court to require such compliance. Declares that such court has the jurisdiction to require such compliance with any requirement of an applicable underground injection program. Raises from $5,000 to $25,000 the amount of the civil penalty which may be imposed by such court for each day of such a violation. Shortens to 30 days (currently 60 days) the period after notification which must expire before imposition of such civil penalty may begin.

Sets forth provisions for compliance orders by the Administrator. Authorizes the Administrator to also issue such orders in any case in which the Administrator is authorized to bring a civil action for compliance with respect to any requirement of an applicable underground injection program. Provides for notice and opportunity for public hearing, and an opportunity to confer with the Administrator for any State with primary enforcement responsibility, before such an order takes effect. Requires that copies of any such order issued to a corporation be issued to appropriate corporate officers. Sets forth civil penalties of up to $25,000 per day of violation of such orders. Authorizes the Administrator to assess such penalties up to $5,000 per day of violation, but requires that such penalties above $5,000 per day be assessed by the appropriate U.S. district court.

Adds new provisions for a critical aquifer protection area demonstration program.

Establishes procedures for development, implementation, and assessment of demonstration programs designed to protect critical aquifer protection areas located within areas designated as sole or principal aquifers under specified provisions of the Act.

Defines "critical aquifer protection area" as an area which: (1) is located within an area for which an application for designation as sole or principal source aquifer has been submitted to or approved by the Administrator as of the date of enactment of this Act; and (2) satisfies criteria established by the Administrator under this Act.

Sets forth provisions for applications to the Administrator for the selection of critical aquifer protection areas for demonstration programs. Allows such application to be made by any State, municipal, or local government or political subdivision thereof or any planning entity (including any regional planning entity) that identifies such an area over which it has authority or jurisdiction. Requires applicants to consult with other appropriate government or planning entities with authority or jurisdiction in such area prior to application. Requires applications to include a certification by the Governor that the plan is consistent with State laws, regulations, and policies.

Directs the Administrator, within 12 months after the enactment of this Act, to establish criteria for identifying critical aquifer protection areas by taking the following factors into consideration: (1) the existence of one or more recharge zones through which significant volumes of ground water flow to an underground source of drinking water; (2) the number of persons or the proportion of the population using the ground water as a drinking water source; (3) the availability of alternative supplies of drinking water; (4) the vulnerability of the aquifer to contamination due to hydrogeologic characteristics; (5) the economic, social and ecological benefits that would result to the area from maintenance of high quality water recharging the aquifer; and (6) the economic, social, and ecological costs that would result from degradation of the quality of recharged water.

Authorizes the Administrator, within 120 days after receipt of an application, to enter into a cooperative agreement with the applicant to establish a demonstration program, upon determination that the area satisfies the criteria established and that a demonstration program would provide a useful model for other ground water protection programs. Requires such program to include the development and implementation of a plan for the protection of the ground water recharged through the critical protection area.

Authorizes the Administrator, upon entering such a cooperative agreement, to make a matching grant to the applicant for 50 percent of the costs of developing and implementing the plan. Limits the total amount of such grants for any one aquifer to not more than $2,000,000 in any fiscal year.

Prohibits funds authorized for the critical aquifer protection area demonstration program from being used to: (1) carry out activities required under other provisions of the Act or other Federal laws; or (2) clean up individual sources of contamination or bring such sources into compliance with Federal, State, or local statutes.

Provides that nothing under provisions for such critical aquifer protection area demonstration program shall be construed to amend, supercede, or abrogate rights to quantities of water which have been established by interstate water compacts, Supreme Court decrees, or State water laws, or any requirement imposed or right provided under any Federal or State environmental or public health statute.

Authorizes appropriations for the critical aquifer protection area demonstration program for FY 1986 through 1989.

Part D: General Provisions - Authorizes appropriations for FY 1985 through 1989 for the following programs under the Act: (1) research, technical assistance, information, personnel training; (2) grants for State programs for supervision of public water systems; and (3) grants for State programs for underground water source protection.

Provides that any need certifications or orders issued under provisions for assurances of availability of adequate supplies of water treatment chemicals shall remain in effect for up to one year.

Revises judicial review provisions of the Act. Provides that petitions for review of actions of the Administrator in promulgating regulations under the Act may be filed in the U.S. Court of Appeals for the District of Columbia Circuit or in any U.S. court of appeals for a circuit in which the petitioner resides or transacts business. (Current law permits such petitions to be filed only in the U.S. Court of Appeals for the District of Columbia Circuit.)

Requires that a random selection system be used by the Administrative Office of the United States Courts to select the court of appeals in which such an agency action is to be reviewed when petitions for review have been filed in two or more courts of appeal. Authorizes any court in which such a petition has been filed, including any court selected according to such procedure, to transfer such petition to any other court of appeals for the convenience of the parties or otherwise in the interest of justice. Changes the period with which such a petition for review must be filed from 45 days to 120 days from the date of the action with respect to which review is sought.