108th CONGRESS
2d Session
S. 2377
To amend the Safe Drinking Water Act to ensure that the District
of Columbia and States are provided a safe, lead free supply of drinking water.
IN THE SENATE OF THE UNITED STATES
May 4, 2004
Mr. JEFFORDS (for himself and Mr. SARBANES) introduced the following bill;
which was read twice and referred to the Committee on Environment and Public
Works
A BILL
To amend the Safe Drinking Water Act to ensure that the District
of Columbia and States are provided a safe, lead free supply of drinking water.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Lead-Free Drinking Water Act of 2004'.
SEC. 2. REVISION OF NATIONAL PRIMARY DRINKING WATER REGULATION FOR LEAD.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is amended
by adding at the end the following:
`(16) REVISION OF NATIONAL PRIMARY DRINKING WATER REGULATION FOR LEAD-
`(A) IN GENERAL- Not later than 18 months after the date of enactment
of this paragraph, the Administrator shall finalize a rulemaking to review
and revise the national primary drinking water regulation for lead that
maintains or provides for greater protection of health as required under
paragraph (9).
`(B) PROTECTION FOR INDIVIDUALS- The revised regulation shall provide
adequate protection for individuals that may be affected by lead contamination
of drinking water, particularly vulnerable populations such as infants,
children, and pregnant and lactating women.
`(C) MAXIMUM CONTAMINANT LEVEL-
`(i) IN GENERAL- The revised regulation shall--
`(I) establish a maximum contaminant level for lead in drinking water
as measured at the tap; or
`(II) if the Administrator determines that it is not practicable to
establish such a level with adequate provision for variability and
factors outside of the control of a public water system, establish
a treatment technique in accordance with subparagraph (D).
`(ii) BASIS OF LEVEL- In establishing the maximum contaminant level
under clause (i) or an action level for lead, the Administrator shall
use as a basis the most protective of first draw samples, flushed samples,
or both first draw and flushed samples.
`(D) TREATMENT TECHNIQUE- If the Administrator establishes a treatment
technique for drinking water under subparagraph (C)(i)(II), the treatment
technique shall--
`(i) prevent, to the extent achievable, known or anticipated adverse
effects on the health of individuals;
`(ii) include an action level for lead that is at least as stringent
as the action level established by the national primary drinking water
regulation for lead under subpart I of part 141 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of this paragraph);
and
`(iii)(I) provide for the protection of individuals from very high lead
levels in drinking water in isolated instances;
`(II) provide for the protection of all individuals, as opposed to a
statistical majority, from exposure to elevated lead levels in drinking
water;
`(III) promote continuing advances in corrosion control technologies
and address the need to respond to changes in corrosion control and
water treatment technologies; and
`(IV) take into account the demonstrated insufficiency of public notification
and education as a primary means of protecting public health from lead
in water.'.
SEC. 3. SERVICE LINE REPLACEMENT.
Section 1417(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300g-6(a)(1))
is amended by adding at the end the following:
`(C) SERVICE LINE REPLACEMENT-
`(i) IN GENERAL- Upon exceeding the maximum contaminant level or action
level for lead, a community water system or nontransient noncommunity
water system shall annually replace at least 10 percent of the non-lead
free service lines of the community water system or nontransient noncommunity
water system until all of the non-lead free service lines have been
replaced.
`(ii) PRIORITY- Priority shall be given to non-lead free service lines
that convey drinking water to--
`(I) residences that receive drinking water with high lead levels;
and
`(II) residences and other buildings, such as day care facilities
and schools, used by vulnerable populations, including infants, children,
and pregnant and lactating women.
`(iii) REPLACEMENT RESPONSIBILITY- Under no circumstance may a community
water system or nontransient
noncommunity water system avoid the responsibility to replace any non-lead
free service line by completing lead testing such as that referred to in section
141.84 of title 40, Code of Federal Regulations (as in effect on the date
of enactment of this subparagraph).
`(iv) REPLACEMENT OF NON-LEAD FREE SERVICE LINES-
`(I) IN GENERAL- In carrying out this subparagraph and subject to
subclause (II), a community water system or nontransient noncommunity
water system shall replace the non-lead free service lines, including
publicly owned and, with the permission of applicable homeowners,
privately owned portions of the service lines.
`(II) REQUIREMENTS FOR PERMISSION- In seeking permission from a homeowner
to replace the private portion of non-lead free service lines under
subclause (I), a community water system or nontransient noncommunity
water system shall provide to the homeowner--
`(aa) notification of the replacement that is separate from the notification
required under paragraph (2);
`(bb) a detailed description of the process by which non-lead free
service lines will be replaced, including the date and approximate time of
the replacement and a description of the ways in which property use will be
disrupted by the replacement process; and
`(cc) a description of actions that should be taken to avoid any
lead contamination that may occur after replacement of the non-lead free service
lines.
`(III) STATE OF PROPERTY- After completion of replacement of non-lead
free service lines, a community water system or nontransient noncommunity
water system shall make every reasonable effort to return property
affected by the replacement to the state in which the property existed
before the replacement.
`(IV) ABSENCE OF PERMISSION- If, after 3 attempts to obtain permission
from a homeowner under subclause (II), a community water system or
nontransient noncommunity water system has not received permission,
the water system shall provide final notice to the homeowner of--
`(aa) the date and approximate time of replacement of the publicly
owned portion of the non-lead free service lines; and
`(bb) a detailed description of actions that the homeowner should
take to avoid any lead contamination that may occur after non-lead free service
line replacement.
`(aa) IN GENERAL- If the Administrator determines, after providing
an opportunity for public notice and comment, that the practice of replacing
only a portion of a non-lead free service line will generally result in higher
lead levels in drinking water during an extended period of time (as compared
with leaving the entire non-lead free service line in place), the Administrator
may provide for an exemption for the replacement in any case in which the
applicable homeowner refuses to grant permission to replace portions of a
non-lead free service line under subclause (IV).
`(bb) REQUIREMENT OF EXEMPTION- An exemption under item (aa) shall
provide that, on a change in ownership of property served by a non-lead free
service line, the new property owner may request the community water system
or nontransient noncommunity water system to replace the non-lead free service
line for the property within a reasonable period of time.
`(VI) GRANTS- Using amounts available under subsection (k)(1), the
Administrator may provide grants to community water systems and nontransient
noncommunity water systems for use in replacing non-lead free service
lines.'.
SEC. 4. PUBLIC NOTICE AND EDUCATION.
Section 1417(a) of the Safe Drinking Water Act (42 U.S.C. 300g-6(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
`(2) PUBLIC NOTICE REQUIREMENTS-
`(A) IN GENERAL- The owner or operator of a community water system or
nontransient noncommunity water system shall identify and provide notice
to individuals and entities (and, under subparagraph (D), to specific
residences) that may be exposed to lead contamination in the drinking
water supply, as indicated by an exceedance of the maximum contaminant
level or action level for lead, in a case in which the contamination results
from--
`(i) the lead content in the construction materials of the public water
distribution system; or
`(ii) corrosivity of the water supplied that is sufficient to cause
leaching of lead.
`(B) CONTENTS- Public notice materials prepared under this paragraph shall
provide a clear and readily understandable explanation of--
`(i) detailed information on the number of residences the drinking water
of which was tested and the areas of the city or community in which
those residences are located, including a description of lead levels
found in the drinking water;
`(ii) the presence or absence of non-lead free service lines for each
household receiving drinking water from the community water system or
nontransient noncommunity water system;
`(iii) the potential adverse health effects of lead contamination of
drinking
water, including a detailed description of the disproportionate adverse effects
of lead contamination of drinking water on infants, children, and pregnant
and lactating women;
`(iv) the potential sources of lead in drinking water (including, at
a minimum, non-lead free service lines, lead solder, and lead plumbing
fixtures);
`(v) the cost and availability of lead free plumbing fixtures for use
in residences;
`(vi) reasonably available methods of mitigating known or potential
lead contamination of drinking water, including--
`(I) a detailed, step-by-step description of immediate actions that
should be taken, such as the use of a certified water filter or other
acquisition of an alternative water supply; and
`(II) a summary of more extensive actions that could be taken, such
as the replacement of lead plumbing fixtures;
`(vii) any steps the community water system or nontransient noncommunity
water system is taking to mitigate lead content in drinking water, including--
`(I) a timeline for decisionmaking;
`(II) a description of the means by which the public will provide
input in the decisionmaking process;
`(III) a description of the potential health effects of any corrosion
control modifications; and
`(IV) a description of the manner in which at least 1 other community
water system or nontransient noncommunity water system has successfully
addressed unacceptable levels of lead in drinking water;
`(viii) the necessity, if any, of seeking alternative water supplies;
and
`(ix) contact information for--
`(I) medical assistance, including State and local agencies responsible
for lead programs;
`(II) the community water system or nontransient noncommunity water
system; and
`(III) the task force established under paragraph (3)(A)(ii).
`(C) EMPHASIS- A notice under this paragraph shall place special emphasis
on--
`(i) alerting parents, caregivers, and other individuals and entities
of the significantly greater risks to infants, children, and pregnant
and lactating women posed by lead contamination of drinking water; and
`(ii) encouraging individuals and entities threatened by lead contamination
in the drinking water supply to immediately modify behavior and follow
other recommendations in the notice so as to minimize exposure to lead
in drinking water.
`(i) NOTICE TO ALL RESIDENCES AND ENTITIES-
`(I) IN GENERAL- The notice under subparagraph (A) shall be provided
to each residence or entity that receives water from the community
water system or nontransient noncommunity water system.
`(II) WARNING- Each community water system and nontransient noncommunity
water system shall print on the water bill provided to each residence
and entity described in subclause (I) a warning that there is a public
health risk from high lead levels in the drinking water.
`(ii) TIMING- The notice required under subparagraph (A) shall be delivered--
`(I) not later than 30 days after the date on which the maximum contaminant
level or action level for lead is exceeded; and
`(II) every 90 days thereafter for as long as the exceedance continues.
`(E) NOTICE OF TEST RESULTS- Regardless of whether the maximum contaminant
level or action level for lead is exceeded, not later than 14 days after
the date of receipt of any water lead test results conducted by the community
water system or nontransient noncommunity water system, the water system
shall provide to the owners and occupants of each residence tested a notice
of the test results that includes--
`(i) the results of the water testing for that residence;
`(ii) the number of residences tested;
`(iii) the overall results of the testing;
`(iv) contact information (including a telephone number, address, and,
if available, the Internet site address) for the applicable State or
local health department or other agency for immediate assistance with
blood lead level testing and lead remediation; and
`(v) the information and emphasis described in subparagraphs (B) and
(C).
`(F) VERIFICATION OF EFFECTIVENESS-
`(i) IN GENERAL- Not later than 180 days after the date of enactment
of this subparagraph, the Administrator shall establish verification
procedures that ensure that notices provided under this paragraph are
effective and appropriate, taking into consideration risks posed to
individuals and entities that may be exposed to lead contamination in
drinking water.
`(ii) CONTENTS- The procedures shall provide means of verifying, at
a minimum, whether a notice--
`(I) reaches the intended individuals and entities;
`(II) is received and understood by those individuals and entities;
and
`(III) includes an appropriate description of the level of risk posed
to those individuals and entities by lead contamination of drinking
water.
`(3) PUBLIC EDUCATION PROGRAM-
`(A) IN GENERAL- In carrying out this paragraph, regardless of whether
the drinking water of a community water system or nontransient noncommunity
water system has exceeded the maximum contaminant level or action level
for lead, each owner or operator of the community water system or nontransient
noncommunity water system shall establish and carry out a permanent, public
education program on lead in drinking water that includes--
`(i) development of an action plan;
`(ii) establishment and maintenance of a standing, community-based task
force;
`(iii) development and implementation of a voluntary household water
testing program; and
`(iv) preparation of public education materials in each relevant language.
`(B) ACTION PLAN- The action plan developed under subparagraph (A)(i)
shall achieve the objectives of--
`(i) defining the target audience for the public education program;
`(ii) outlining a voluntary customer water testing program for lead;
`(iii) identifying types of educational materials to be used at each
stage of public education; and
`(iv) determining the appropriate timing and method of delivery of information
on lead in drinking water.
`(i) MEMBERSHIP- In establishing the task force under subparagraph (A)(ii),
the community water system or nontransient noncommunity water system
shall solicit the participation of--
`(I) State, city, and county officials and agencies, including officials
and agencies responsible for water quality, environmental protection,
and testing for elevated lead levels in drinking water and in individuals;
`(II) local public school systems;
`(III) public hospitals and clinics;
`(IV) active community service organizations and civic groups;
`(V) child care facilities; and
`(VI) interested private entities.
`(ii) RESPONSIBILITIES- The task force shall--
`(I) assist community water systems and nontransient noncommunity
water systems in developing and revising action plans developed under
subparagraph (A)(i);
`(II) review the effectiveness of public notice provided under paragraph
(2);
`(III) make recommendations to community water systems and nontransient
noncommunity water systems;
`(IV) respond to inquiries from the public regarding drinking water;
`(V) provide a means by which community water systems and nontransient
noncommunity water systems may share information with the public;
and
`(VI) facilitate the response of a community water system or nontransient
noncommunity water system in the event of an exceedance of the maximum
contaminant level or action level for lead.
`(D) WATER TESTING PROGRAM- In developing a voluntary water testing program
under subparagraph (A)(iii), a community water system or nontransient
noncommunity water system shall--
`(i) provide a means by which individuals and entities may request water
testing with a single phone call, letter, or electronically mailed letter;
`(ii) conduct applicable tests in a timely manner, including ensuring
that water samples are retrieved from households in a timely manner;
`(iii) ensure that tests are conducted properly by certified laboratories;
and
`(iv) provide to individuals and entities that requested water testing
the results of the tests, and any additional applicable information
(such as information contained in educational materials described in
subparagraph (E)) in a timely manner.
`(i) IN GENERAL- Public education and consumer awareness materials provided
under this paragraph shall include--
`(I) the potential adverse health effects of lead contamination of
drinking water, including a detailed description of the disproportionate
adverse effects of lead contamination of drinking water on infants,
children, and pregnant and lactating women;
`(II) the potential sources of lead in drinking water (including,
at a minimum, non-lead free service lines, lead solder, and lead plumbing
fixtures);
`(III) a summary of the historical compliance of the community water
system or nontransient noncommunity water system as evidenced by testing
conducted under the national primary drinking water regulation for
lead, including any corrective actions taken and the schedule for
the next testing cycle;
`(IV) the cost and availability of lead free plumbing fixtures for
use in residences; and
`(V) contact information for--
`(aa) medical assistance, including State and local agencies responsible
for lead programs;
`(bb) the community water system or nontransient noncommunity water
system; and
`(cc) the task force established under subparagraph (A)(ii).
`(ii) EMPHASIS- A notice under this paragraph shall place special emphasis
on--
`(I) alerting parents, caregivers, and other individuals and entities
of the significantly greater risks to infants, children, and pregnant
and lactating women posed by lead contamination of drinking water;
and
`(II) encouraging individuals and entities threatened by lead contamination
in the drinking water supply to immediately modify behavior and follow
other recommendations in the notice so as to minimize exposure to
lead in drinking water.
`(F) DELIVERY OF PUBLIC EDUCATION- Notwithstanding any absence of an exceedance
of the maximum contaminant level or action
level for lead, a community water system or nontransient noncommunity water
system shall provide biannually to customers of the community water system
or nontransient noncommunity water system--
`(i) public education materials and notice in accordance with this paragraph,
including a general description of other sources of lead contamination
(such as lead paint); and
`(ii) the results of the most recent water testing conducted by the
community water system or nontransient noncommunity water system.
`(G) EXEMPTION- The Administrator may exempt an individual community water
system or nontransient noncommunity water system from the requirements
of this paragraph upon a demonstration by the community water system or
nontransient noncommunity water system that the drinking water of the
system has never exceeded the maximum contaminant level or action level
for lead on or after June 7, 1991.'.
SEC. 5. ADDITIONAL PROVISIONS.
(a) IN GENERAL- Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6)
is amended by adding at the end the following:
`(A) IN GENERAL- After an exceedance of a maximum contaminant level or
action level for lead by a community water system or nontransient noncommunity
water system, the community water system or nontransient noncommunity
water system shall provide on-location filters described in subparagraph
(C) to each residence, school, and day care facility in the service area
of the community water system or nontransient noncommunity water system
that could reasonably be expected to experience lead contamination of
drinking water in excess of the maximum contaminant level or action level
for lead at any time after the date of the exceedance.
`(B) PRIORITY- Priority shall be given--
`(i) first, to vulnerable populations such as infants, children, and
pregnant and lactating women; and
`(ii) second, to those residences, schools, and day care facilities
that should have priority, based on testing results under the national
primary drinking water regulation for lead.
`(C) CERTIFICATION STANDARDS FOR FILTERS- Each on-location filter provided
under subparagraph (A) shall be certified for lead removal by the National
Institute of Standards and Technology.
`(2) NO LIMITATION- The provision of filters under paragraph (1) shall not
be limited to residences known to have non-lead free service lines.
`(3) WAIVER OF CERTAIN REQUIREMENTS- The Administrator may waive 1 or more
requirements under this subsection if the Administrator determines that
the requirements are not feasible or necessary to carry out this subsection.
`(1) IN GENERAL- The General Services Administration (or an appropriate
entity designated by the General Services Administration) shall conduct
water supply testing in all Federal buildings (except Federal buildings
served by a federally owned or operated public water system), and related
public notification and public education--
`(A) consistent with the requirements of this Act and the national primary
drinking water regulation for lead; and
`(B) to the extent that the testing, notification, and education are not
duplicative of testing, notification, and education conducted by public
water systems with respect to the Federal buildings.
`(A) IN GENERAL- The Administrator shall establish a methodology for testing
in a single building to provide an equivalent level of sensitivity and
protection as provided by the national primary drinking water regulation
for lead with respect to community-wide testing.
`(B) ALTERNATIVE WATER SUPPLIES- Until the lead level in a Federal building
is confirmed to be below the maximum contaminant level or action level
for lead using testing methodology described in subparagraph (A), the
Administrator of General Services or head of another appropriate agency
shall provide alternative water supplies to the Federal building.
`(3) APPLICABILITY- Nothing in this subsection affects any requirement applicable
to a public water system.
`(h) 1-TIME, NATIONWIDE TESTING-
`(1) INITIATION- Except as provided in paragraph (3), in accordance with
testing requirements under the national primary drinking water regulation
for lead, and not later than 1 year after the date of enactment of this
subsection, each community water system or nontransient noncommunity water
system shall initiate a testing program to identify, measured at the tap,
any lead contamination of the drinking water provided by the community water
system or nontransient noncommunity water system.
`(2) COMPLETION- Except as provided in paragraph (3), not later than 180
days after the date of initiation of the testing program under paragraph
(1), each community water system or nontransient noncommunity water system
shall--
`(A) complete the testing program described in paragraph (1); and
`(B) submit to the Administrator and each State in which the community
water system or nontransient noncommunity water system supplies drinking
water, and make available to the public, the results of the testing program.
`(3) EXCEPTION- If a community water system or nontransient noncommunity
water system completes a testing program in accordance with the national
primary drinking water regulation for lead within the 180-day period beginning
on the date of enactment of this subsection, the community water system
or nontransient noncommunity water system shall not be required to carry
out additional testing under this subsection.
`(i) MONITORING- The Administrator shall revise the monitoring requirements
under the national primary drinking water regulation for lead to--
`(1) require monitoring at least biannually;
`(2) ensure that monitoring is statistically relevant and fully representative
of all types of residential dwellings and commercial establishments;
`(3) ensure that monitoring frequency and scope are enhanced for--
`(A) at least the 1-year period following any substantial modification
of the treatment of drinking water provided; and
`(B) any period during which the drinking water of a water system exceeds
the maximum contaminant level or action level for lead;
`(4) require that, in order to be certified to conduct drinking water analyses
under this Act, a laboratory shall electronically report lead test results
for public water systems (and such other results or data as are determined
to be appropriate by the Administrator), in accordance with protocols established
by the Administrator, directly to the Administrator and the applicable State
or local agency; and
`(5) otherwise ensure that the Safe Drinking Water Information System and
the National Contaminant Occurrence Database of the Administrator reliably
and timely reflect information regarding drinking water quality and compliance
with respect to lead.
`(j) CORROSION CONTROL- In revising the national primary drinking water regulation
for lead, the Administrator shall ensure that any requirement for corrosion
control includes a requirement that, not later than 1 year after the date
of any change in water treatment, or of an exceedance of the maximum contaminant
level or action level for lead, each community water system and nontransient
noncommunity water system shall--
`(1) reevaluate any corrosion control plan in place for the water system;
and
`(2) implement any changes necessary to reoptimize the plan.'.
SEC. 6. NON-LEAD FREE SERVICE LINE REPLACEMENT FUND.
Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) (as amended
by section 5) is amended by adding at the end the following:
`(k) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There is authorized to be appropriated to carry out replacement
of non-lead free service lines under subsection (a)(1)(C)(iv)(VI) $200,000,000
for each of fiscal years 2005 through 2009.
`(2) DISTRICT OF COLUMBIA- Of amounts provided under paragraph (1), $40,000,000
for each of fiscal years 2005 through 2009 is authorized for use in replacing
non-lead free service lines in the District of Columbia.'.
SEC. 7. HARDWARE STANDARDS.
(a) DEFINITION OF LEAD FREE-
(1) IN GENERAL- Section 1417(d)(2) of the Safe Drinking Water Act (42 U.S.C.
300g-6(d)(2)) is amended by striking `8.0' and inserting `0.2'.
(2) ADDITIONAL DEFINITION- Section 1461(2) of the Safe Drinking Water Act
(42 U.S.C. 300j-21(2)) is amended in the first sentence by striking `8'
and inserting `0.2'.
(b) PLUMBING FIXTURES- Section 1417(e)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-6(e)(2)) is amended by adding at the end the following:
`(C) LEAD FREE PLUMBING FITTINGS AND FIXTURES AND WATER METERS- On and
after January 1, 2005, it shall be unlawful to import, manufacture, process,
distribute in commerce, or install in any residence a new plumbing fitting
or fixture (including a fitting or fixture to be used for drinking, cooking,
bathing, laundering clothes or other washing, or lawn irrigation), a water
meter, or any other plumbing part or component that is not lead free.'.
SEC. 8. REMOVAL OF LEAD IN SCHOOLS.
(a) IN GENERAL- Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24)
is amended by striking subsection (d) and inserting the following:
`(d) REMOVAL OF LEAD IN SCHOOLS-
`(1) TESTING AND REMEDIATION OF LEAD CONTAMINATION- Not later than 270 days
after the date of enactment of the Lead-Free Drinking Water
Act of 2004, the Administrator, in consultation with each State, shall establish
a program to provide grants to States to assist, or provide reimbursement
for costs incurred by, local educational agencies in conducting annual testing
for and remediation of lead contamination in drinking water from coolers and
from other sources of lead contamination at schools under the jurisdiction
of those agencies.
`(2) PUBLIC AVAILABILITY-
`(A) IN GENERAL- The Administrator shall ensure that a copy of the results
of any testing at a school under paragraph (1) are available in the administrative
offices of the appropriate local educational agency for inspection by
the public, including--
`(i) teachers and other school personnel; and
`(ii) parents of students attending the school.
`(B) NOTIFICATION- The Administrator shall ensure that each local educational
agency notifies parent, teacher, and employee organizations of the availability
of testing results described in subparagraph (A).
`(3) DRINKING WATER COOLERS- In the case of drinking water coolers, the
program under this subsection shall require each local educational agency
to carry out such measures for the reduction or elimination of lead contamination
from drinking water coolers that are located in schools and are not lead
free as are necessary to ensure that, not later than the date that is 15
months after the date of enactment of the Lead-Free Drinking Water Act of
2004, all such drinking water coolers in schools under the jurisdiction
of the local educational agency are repaired, replaced, permanently removed,
or rendered inoperable (unless the drinking water cooler is tested and determined,
within the limits of testing accuracy, not to contribute lead to drinking
water).
`(4) FEDERAL AUTHORITY- In a case in which a State does not participate
in the program under this subsection or, after receiving a grant under this
subsection, does not carry out the responsibilities of the State under this
subsection, the Administrator shall carry out such a program or such responsibilities
on behalf of the State.
`(A) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $30,000,000 for each fiscal year.
`(B) ADMINISTRATIVE EXPENSES- The Administrator may use not more than
5 percent of amounts made available under subparagraph (A) for a fiscal
year to pay administrative expenses incurred in carrying out this subsection
for the fiscal year.'.
(b) CONFORMING AMENDMENT- Section 1465 of the Safe Drinking Water Act (42
U.S.C. 300j-25) is repealed.
SEC. 9. REVISION OF REGULATIONS.
Not later than 18 months after the date of enactment of this Act, the Administrator
shall revise the national primary drinking water regulation for lead to incorporate
all applicable requirements of this Act and the amendments made by this Act.
END