Part E—General Provisions
§300j. Assurances of availability of adequate supplies of chemicals necessary for treatment of water
(a) Certification of need application
If any person who uses chlorine, activated carbon, lime, ammonia, soda ash, potassium permanganate, caustic soda, or 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 available to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter 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.
(b) Application requirements; publication in Federal Register; waiver; certification, issuance or denial
(1) An application for a certification of need shall be in such form and submitted in such manner as the Administrator may require and shall (A) specify the persons the applicant determines are able to provide the chemical or substance with respect to which the application 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 Administrator shall (A) publish in the Federal Register a notice of the receipt of the application and a brief summary of it, (B) notify in writing each person whom the President or his delegate (after consultation 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 opportunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall not apply when the Administrator for good cause finds (and incorporates 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—
(A) the date a notice is published under paragraph (2) in the Federal Register with respect to an application submitted under this section for the issuance of a certification of need, or
(B) the date on which such application is received if as authorized by the second sentence of such paragraph no notice is published with respect to such application,
the Administrator shall take action either to issue or deny the issuance of a certification of need.
(c) Certification of need; issuance; executive orders; implementation of orders; equitable apportionment of orders; factors considered
(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 applicant 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 requiring 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 manufactures, 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 manufacturer, producer, or processor of such chemical or substance who manufactures, produces, or processes (as the case may be) such chemical 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 manufacturers, producers, and processors of a chemical or substance shall be equitably apportioned, as far as practicable, among all manufacturers, 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 apportioned, as far as practicable, among all distributors and repackagers of such chemical or substance. In apportioning orders issued under paragraph (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—
(A) the geographical relationships and established commercial relationships between such manufacturers, producers, processors, 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 producer to treat water in public water systems and public treatment works, and (ii) share of each such producer of the total annual production of chlorine in the United States; and
(C) such other factors as the President or his delegate may determine are relevant to the apportionment of orders in accordance with the requirements of the preceding sentence.
(3) Subject to subsection (f), any person for whom a certification 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) Breach of contracts; defense
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.
(e) Penalties for noncompliance with orders; temporary restraining orders and preliminary or permanent injunctions
(1) Whoever knowingly fails to comply with any order issued 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.
(3) Whenever the Administrator or the President or his delegate has reason to believe that any person is violating or will violate any order issued pursuant to subsection (c)(1), he may petition a United States district court to issue a temporary restraining order or preliminary or permanent injunction (including a mandatory injunction) to enforce the provision of such order.
(f) Termination date
No certification of need or order issued under this section may remain in effect for more than one year.
(July 1, 1944, ch. 373, title XIV, §1441, as added
Editorial Notes
Amendments
1996—Subsec. (f).
1986—Subsec. (f).
1979—Subsec. (f)(2).
1977—Subsec. (f).
Executive Documents
Ex. Ord. No. 11879. Delegation of Functions to Secretary of Commerce Relating to Orders for Provision of Chemicals or Substances Necessary for Treatment of Water
Ex. Ord. No. 11879, Sept. 17, 1975, 40 F.R. 43197, provided:
By virtue of the authority vested in me by Section 1441 of the Public Health Service Act, as amended by the Safe Drinking Water Act [now Safe Drinking Water Act of 1974] (
Gerald R. Ford.
§300j–1. Research, technical assistance, information, training of personnel
(a) Specific powers and duties of Administrator
(1) The Administrator may conduct research, studies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impairments of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply of drinking water, including—
(A) improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods which may 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 remove contaminants from water;
(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;
(E) improved methods of protecting underground water sources of public water systems from contamination; and
(F) innovative water technologies (including technologies to improve water treatment to ensure compliance with this subchapter and technologies to identify and mitigate sources of drinking water contamination, including lead contamination).
(2)
(A) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water, together with appropriate recommendations in connection with the information; and
(B) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to this subchapter.
(3) The Administrator shall carry out a study of polychlorinated biphenyl contamination of actual or potential sources of drinking water, contamination of such sources by other substances known or suspected to be harmful to public health, the effects of such contamination, and means of removing, treating, or otherwise controlling such contamination. To assist in carrying out this paragraph, the Administrator is authorized to make grants to public agencies and private nonprofit institutions.
(4) The Administrator shall conduct a survey and study of—
(A) disposal of waste (including residential waste) which may endanger underground water which supplies, or can reasonably be expected to supply, any public water systems, and
(B) means of control of such waste disposal.
Not later than one year after December 16, 1974, he shall transmit to the Congress the results of such survey and study, together with such recommendations as he deems appropriate.
(5) The Administrator shall carry out a study of methods of 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 preventing, detecting, and dealing with surface spills of contaminants which may degrade underground water sources for public water systems.
(7) The Administrator shall carry out a study of virus contamination 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 of (A) abandoned 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 contaminants in underground 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 later than six months after December 16, 1974, 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.
(10) The Administrator shall carry out a study of the reaction of chlorine and humic acids and the effects of the contaminants which result from such reaction on public health and on the safety of drinking water, including any carcinogenic effect.
(11)
(A)
(i) evaluate, based on the compliance data found in the Safe Drinking Water Information System of the Administrator, the compliance of community water systems and wastewater systems with environmental, health, and safety requirements under this subchapter, including water quality sampling, testing, and reporting requirements; and
(ii) submit to Congress a report describing trends seen as a result of the evaluation under clause (i), including trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to trends in compliance or noncompliance with the requirements described in that clause.
(B)
(b) Emergency situations
The Administrator is authorized to provide technical assistance and to make grants to States, or publicly owned water systems to assist in responding to and alleviating any emergency situation (including an emergency situation resulting from a cybersecurity event) affecting public water systems (including sources of water for such systems) which the Administrator determines to present substantial danger to the public health, including a threat to public health resulting from contaminants, such as, but not limited to, heightened exposure to lead in drinking water. Grants provided under this subsection shall be used only to support those actions which (i) are necessary for preventing, limiting or mitigating danger to the public health in such emergency situation and (ii) would not, in the judgment of the Administrator, be taken without such emergency assistance. The Administrator may carry out the program authorized under this subsection as part of, and in accordance with the terms and conditions of, any other program of assistance for environmental emergencies which the Administrator is authorized to carry out under any other provision of law. No limitation on appropriations for any such other program shall apply to amounts appropriated under this subsection.
(c) Establishment of training programs and grants for training; training fees
The Administrator shall—
(1) provide training for, and make grants for training (including postgraduate training) of (A) personnel of State agencies which have primary enforcement responsibility and of agencies or units of local government to which enforcement responsibilities have been delegated by the State, and (B) personnel who manage or operate public water systems, and
(2) make grants for postgraduate training of individuals (including grants to educational institutions for traineeships) for purposes of qualifying such individuals to work as personnel referred to in paragraph (1).
(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 part of the costs (as may be 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 training 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 occupations 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 subchapter (other than by carrying out State programs of public water system supervision or underground water source protection (as defined in
Reasonable fees may be charged for training provided under paragraph (1)(B) to persons other than personnel of State or local agencies but such training shall be provided to personnel of State or local agencies without charge.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out subsection (b) $35,000,000 for each of fiscal years 2022 through 2026.
(e) Technical assistance to small public water systems
(1) The Administrator may provide technical assistance to small public water systems to enable such systems to achieve and maintain compliance with applicable national primary drinking water regulations.
(2) Such assistance may include circuit-rider and multi-State regional technical assistance programs, training, and preliminary engineering evaluations.
(3) The Administrator shall ensure that technical assistance pursuant to this subsection is available in each State.
(4) Each nonprofit organization receiving assistance under this subsection shall consult with the State in which the assistance is to be expended or otherwise made available before using assistance to undertake activities to carry out this subsection.
(5)
(6) No portion of any State loan fund established under
(7) Of the total amount appropriated under this subsection, 3 percent shall be used for technical assistance to public water systems owned or operated by Indian Tribes, including grants to provide training and operator certification services under
(8)
(A)
(B)
(C)
(f) State-based nonprofit organizations
(1) In general
The Administrator may provide technical assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems.
(2) Communication
Each State-based nonprofit organization that receives funding under paragraph (1) shall, before using that funding to undertake activities to carry out this subsection, consult with the State in which the assistance is to be expended or otherwise made available.
(g) Technical assistance for innovative water technologies
(1) The Administrator may provide technical assistance to public water systems to facilitate use of innovative water technologies.
(2) There are authorized to be appropriated to the Administrator for use in providing technical assistance under paragraph (1) $10,000,000 for each of fiscal years 2017 through 2021.
(July 1, 1944, ch. 373, title XIV, §1442, as added
Editorial Notes
Amendments
2021—Subsec. (a)(11).
Subsec. (b).
Subsec. (d).
Subsec. (e)(5).
Subsecs. (f), (g).
2016—Subsec. (a)(1)(F).
Subsec. (e).
Subsec. (e)(7).
Subsec. (f).
2015—Subsec. (e).
Subsec. (e)(5).
Subsec. (e)(8).
2002—Subsec. (b).
Subsec. (d).
1996—Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (a)(3), (11).
Subsec. (b).
"(1) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water together with appropriate recommendations in connection therewith;
"(2) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this subchapter;".
Subsecs. (b)(3), (c)(3).
Subsec. (e).
"(1) 3 percent of the amounts appropriated under this subsection, or
"(2) $280,000
shall be utilized for technical assistance to public water systems owned or operated by Indian tribes."
1995—Subsecs. (c) to (g).
1986—Subsec. (e).
Subsec. (f).
Subsec. (g).
1980—Subsecs. (e), (f).
1979—Subsec. (e).
1977—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(10), (11).
Subsec. (b)(3)(C).
Subsecs. (c), (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Report on Innovative Water Technologies
"(1) the amount of funding used to provide technical assistance under section 1442(f) [now 1442(g)] of the Safe Drinking Water Act [
"(2) the barriers impacting greater use of innovative water technologies; and
"(3) the cost-saving potential to cities and future infrastructure investments from innovative water technologies."
Findings
"(1) the Safe Drinking Water Act Amendments of 1996 (
"(2) technical assistance and compliance training—
"(A) ensures that Federal regulations do not overwhelm the resources of small and rural communities; and
"(B) provides small and rural communities lacking technical resources with the necessary skills to improve and protect water resources;
"(3) across the United States, more than 90 percent of the community water systems serve a population of less than 10,000 individuals;
"(4) small and rural communities have the greatest difficulty providing safe, affordable public drinking water and wastewater services due to limited economies of scale and lack of technical expertise; and
"(5) in addition to being the main source of compliance assistance, small and rural water technical assistance has been the main source of emergency response assistance in small and rural communities."
Scientific Research Review
"(a)
"(1) develop a strategic plan for drinking water research activities throughout the Environmental Protection Agency (in this section referred to as the 'Agency');
"(2) integrate that strategic plan into ongoing Agency planning activities; and
"(3) review all Agency drinking water research to ensure the research—
"(A) is of high quality; and
"(B) does not duplicate any other research being conducted by the Agency.
"(b)
National Center for Ground Water Research
Comparative Health Effects Assessment
§300j–1a. Innovative water technology grant program
(a) Definitions
In this section:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Eligible entity
The term "eligible entity" means—
(A) a public water system (as defined under
(B) an institution of higher education;
(C) a research institution or foundation;
(D) a regional water organization; or
(E) a nonprofit organization described in
(b) Grant program authorized
The Administrator shall carry out a grant program for the purpose of accelerating the development and deployment of innovative water technologies that address pressing drinking water supply, quality, treatment, or security challenges of public water systems, areas served by private wells, or source waters.
(c) Grants
In carrying out the program under subsection (b), the Administrator shall make grants to eligible entities—
(1) to develop, test, and deploy innovative water technologies; or
(2) to provide technical assistance to deploy demonstrated innovative water technologies.
(d) Selection criteria
In making grants under this section, the Administrator shall—
(1) award grants through a competitive process to eligible entities the Administrator determines are best able to carry out the purpose of the program; and
(2) give priority to projects that have the potential—
(A) to reduce ratepayer or community costs or costs of future capital investments;
(B) to significantly improve human health or the environment; or
(C) to provide additional drinking water supplies with minimal environmental impact.
(e) Cost-sharing
The Federal share of the cost of activities carried out using a grant under this section shall be not more than 65 percent.
(f) Limitation
The maximum amount of a grant under this section shall be $5,000,000.
(g) Report
Each year, the Administrator shall submit to Congress and make publicly available on the website of the Administrator a report that describes any advancements during the previous year in development of innovative water technologies made as a result of funding provided under this section.
(h) Partnerships
Grants awarded under this program may include projects that are carried out by an eligible entity in cooperation with a private entity, including a farmer, farmer cooperative, or manufacturer of water technologies.
(i) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 and 2020.
(
Editorial Notes
Codification
Section was enacted as part of the America's Water Infrastructure Act of 2018, and not as part of the Public Health Service Act which comprises this chapter.
§300j–2. Grants for State programs
(a) Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations
(1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out public water system supervision programs.
(2) No grant may be made under paragraph (1) unless an application 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 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. The prohibitions contained in the preceding two sentences shall not apply to such grants when made to Indian Tribes.
(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.
(4) In each fiscal year the Administrator shall, in accordance, with regulations, allot the sums appropriated for such year under paragraph (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.
(5) The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to a State through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the Administrator—
(A) the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State;
(B) the State has made significant progress toward assuming and maintaining such primary enforcement responsibility; and
(C) there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979.
The amount of any grant awarded for the fiscal years 1978 and 1979 pursuant to a waiver under this paragraph may not exceed 75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such primary enforcement responsibility. The remaining 25 per centum of the amount allotted to such State for such fiscal year shall be retained by the Administrator, and the Administrator may award such amount to such State at such time as the State assumes such responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by the Administrator for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the States to which such amounts were originally allotted may be removed from the original allotment and reallotted for fiscal year 1979 or 1980 (as the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year.
(6) The Administrator shall notify the State of the approval or disapproval of any application for a grant under this section—
(A) within ninety days after receipt of such application, or
(B) not later than the first day of the fiscal year for which the grant application is made,
whichever is later.
(7)
(8)
(9)
(A)
(B)
(b) Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations
(1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out underground water source protection programs.
(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. No grant may be made to any State under paragraph (1) unless the State has assumed primary enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under
(3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's cost (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, and underground water source protection program.
(4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, and other relevant factors.
(5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1976, $7,500,000 for the fiscal year ending June 30, 1977, $10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 for the fiscal year ending September 30, 1980, $18,000,000 for the fiscal year ending September 30, 1981, and $21,000,000 for the fiscal year ending September 30, 1982. For the purpose of making grants under paragraph (1) there are authorized to be appropriated not more than the following amounts:
| Fiscal year: | Amount |
|---|---|
| 1987 | $19,700,000 |
| 1988 | 19,700,000 |
| 1989 | 20,850,000 |
| 1990 | 20,850,000 |
| 1991 | 20,850,000 |
| 1992–2003 | 15,000,000. |
(c) Definitions
For purposes of this section:
(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 regulations 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
(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 under
(d) New York City watershed protection program
(1) In general
The Administrator is authorized to provide financial assistance to the State of New York for demonstration projects implemented as part of the watershed program for the protection and enhancement of the quality of source waters of the New York City water supply system, including projects that demonstrate, assess, or provide for comprehensive monitoring and surveillance and projects necessary to comply with the criteria for avoiding filtration contained in 40 CFR 141.71. Demonstration projects which shall be eligible for financial assistance shall be certified to the Administrator by the State of New York as satisfying the purposes of this subsection. In certifying projects to the Administrator, the State of New York shall give priority to monitoring projects that have undergone peer review.
(2) Report
Not later than 5 years after the date on which the Administrator first provides assistance pursuant to this paragraph, the Governor of the State of New York shall submit a report to the Administrator on the results of projects assisted.
(3) Matching requirements
Federal assistance provided under this subsection shall not exceed 50 percent of the total cost of the protection program being carried out for any particular watershed or ground water recharge area.
(4) Authorization
There are authorized to be appropriated to the Administrator to carry out this subsection for each of fiscal years 2003 through 2010, $15,000,000 for the purpose of providing assistance to the State of New York to carry out paragraph (1).
(July 1, 1944, ch. 373, title XIV, §1443, as added
Editorial Notes
Amendments
2018—Subsec. (a)(7).
2004—Subsec. (d)(4).
1996—Subsec. (a)(7).
| "Fiscal year: | Amount |
|---|---|
| 1987 | $37,200,000 |
| 1988 | 37,200,000 |
| 1989 | 40,150,000 |
| 1990 | 40,150,000 |
| 1991 | 40,150,000". |
Subsec. (a)(8), (9).
Subsec. (b)(5).
Subsec. (d).
1986—Subsec. (a)(2).
Subsec. (a)(7).
Subsec. (b)(2).
Subsec. (b)(5).
1980—Subsec. (b)(2).
Subsec. (c)(2).
1979—Subsec. (a)(7).
Subsec. (b)(5).
1977—Subsec. (a)(5), (6).
Subsec. (a)(7).
Subsec. (b)(5).
§300j–3. Special project grants and guaranteed loans
(a) Special study and demonstration project grants
The Administrator may make grants to any person for the purposes of—
(1) assisting in the development and demonstration (including 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 (including construction) of any project which will investigate and demonstrate health implications involved in the reclamation, recycling, and reuse of waste waters for drinking and the processes and methods for the preparation of safe and acceptable drinking water.
(b) Limitations
Grants made by the Administrator under this section shall be subject to the following limitations:
(1) Grants under this section shall not exceed 662/3 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 project 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 water (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.
(c) Authorization of appropriations
For the 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 year ending June 30, 1976; and $10,000,000 for the fiscal year ending June 30, 1977.
(d) Loan guarantees to public water systems; conditions; indebtedness limitation; regulations
The Administrator during the fiscal years ending June 30, 1975, and June 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 prescribed under
(July 1, 1944, ch. 373, title XIV, §1444, as added
Editorial Notes
Amendments
1986—Subsec. (d).
§300j–3a. Grants to public sector agencies
(a) Assistance for development and demonstration projects
The Administrator of the Environmental Protection Agency shall offer grants to public sector agencies for the purposes of—
(1) assisting in the development and demonstration (including 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 (including construction) of any project which will investigate and demonstrate health and conservation implications involved in the reclamation, recycling, and reuse of wastewaters for drinking and agricultural use or the processes and methods for the preparation of safe and acceptable drinking water.
(b) Limitations
Grants made by the Administrator under this section shall be subject to the following limitations:
(1) Grants under this section shall not exceed 662/3 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 project 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 water (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 consultation, 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.
(c) Authorization of appropriations
There are authorized to be appropriated for the purposes of this section $25,000,000 for fiscal year 1978.
(
Editorial Notes
Codification
Section was enacted as part of the Environmental Research, Development, and Demonstration Authorization Act of 1978, and not as part of the Public Health Service Act which comprises this chapter.
Amendments
1978—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
§300j–3b. Contaminant standards or treatment technique guidelines
(1) Not later than nine months after October 18, 1978, the Administrator shall promulgate guidelines establishing supplemental standards or treatment technique requirements for microbiological, viral, radiological, organic, and inorganic contaminants, which guidelines shall be conditions, as provided in paragraph (2), of any grant for a demonstration project for water reclamation, recycling, and reuse funded under
(2) A grant referred to in paragraph (1) for a project which involves direct human consumption of treated wastewater may be awarded on or after the date of promulgation of guidelines under this section only if the applicant demonstrates to the satisfaction of the Administrator that the project—
(A) will comply with all national primary drinking water regulations under
(B) will comply with all guidelines under this section; and
(C) will in other respects provide safe drinking water.
Any such grant awarded before the date of promulgation of such guidelines shall be conditioned on the applicant's agreement to comply to the maximum feasible extent with such guidelines as expeditiously as practicable following the date of promulgation thereof.
(3) Guidelines under this section may, in the discretion of the Administrator—
(A) be nationally and uniformly applicable to all projects funded under
(B) vary for different classes or categories of such projects (as determined by the Administrator);
(C) be established and applicable on a project-by-project basis; or
(D) any combination of the above.
(4) Nothing in this section shall be construed to prohibit or delay the award of any grant referred to in paragraph (1) prior to the date of promulgation of such guidelines.
(
Editorial Notes
References in Text
Codification
Section was enacted as part of the Environmental Research, Development, and Demonstration Authorization Act of 1979, and not as part of the Public Health Service Act which comprises this chapter.
1 See References in Text note below.
§300j–3c. National assistance program for water infrastructure and watersheds
(a) Technical and financial assistance
The Administrator of the Environmental Protection Agency may provide technical and financial assistance in the form of grants to States (1) for the construction, rehabilitation, and improvement of water supply systems, and (2) consistent with nonpoint source management programs established under
(b) Limitation
Not more than 30 percent of the amounts appropriated to carry out this section in a fiscal year may be used for source water quality protection programs described in subsection (a)(2).
(c) Condition
As a condition to receiving assistance under this section, a State shall ensure that such assistance is carried out in the most cost-effective manner, as determined by the State.
(d) Authorization of appropriations
(1) Unconditional authorization
There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 1997 through 2003. Such sums shall remain available until expended.
(2) Conditional authorization
In addition to amounts authorized under paragraph (1), there are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 1997 through 2003, provided that such authorization shall be in effect for a fiscal year only if at least 75 percent of the total amount of funds authorized to be appropriated for such fiscal year by
(e) Acquisition of lands
Assistance provided with funds made available under this section may be used for the acquisition of lands and other interests in lands; however, nothing in this section authorizes the acquisition of lands or other interests in lands from other than willing sellers.
(f) Federal share
The Federal share of the cost of activities for which grants are made under this section shall be 50 percent.
(g) Definitions
In this section, the following definitions apply:
(1) State
The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(2) Water supply system
The term "water supply system" means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves at least 25 individuals and a draw and fill system for the provision to the public of water for human consumption. Such term does not include a system owned by a Federal agency. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (B) any collection or pretreatment facilities not under such control that are used primarily in connection with such system.
(
Editorial Notes
Codification
Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Indian Reservation Drinking Water Program
"(a)
"(b)
"(1) that is on a reservation (as defined in section 3 of the Indian Financing Act of 1974 (
"(2) that will—
"(A) improve water quality, water pressure, or water services through means such as connecting to, expanding, repairing, improving, or obtaining water from a public water system (as defined in section 1401 of the Safe Drinking Water Act (
"(B) improve water quality or sanitation or wastewater services at a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (
"(c)
"(1)
"(A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin;
"(B) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin;
"(C) 10 eligible projects described in subsection (b) that are within the Columbia River Basin;
"(D) 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin; and
"(E) 10 eligible projects described in subsection (b) that are within the Arkansas-White-Red River Basin.
"(2)
"(d)
"(1) respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of Tribal populations;
"(2) would serve a Tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (
"(3) would address the underlying factors contributing to—
"(A) an enforcement action commenced pursuant to the Safe Drinking Water Act (
"(B) an enforcement action commenced pursuant to the Federal Water Pollution Control Act (
"(e)
"(f)
"(g)
"(1) $20,000,000 for each of fiscal years 2019 through 2021; and
"(2) $50,000,000 for each of fiscal years 2022 through 2026."
§300j–3d. Water supply cost savings
(a) Drinking water technology clearinghouse
The Administrator, in consultation with the Secretary of Agriculture, shall—
(1) develop a technology clearinghouse for information on the cost-effectiveness of innovative and alternative drinking water delivery systems, including wells and well systems; and
(2) disseminate such information to the public and to communities and not-for-profit organizations seeking Federal funding for drinking water delivery systems serving 500 or fewer persons.
(b) Water system assessment
In any application for a grant or loan for the purpose of construction, replacement, or rehabilitation of a drinking water delivery system serving 500 or fewer persons, the funding for which would come from the Federal Government (either directly or through a State), a unit of local government or not-for-profit organization shall self-certify that the unit of local government or organization has considered, as an alternative drinking water supply, drinking water delivery systems sourced by publicly owned—
(1) individual wells;
(2) shared wells; and
(3) community wells.
(c) Report to Congress
Not later than 3 years after December 16, 2016, the Comptroller General of the United States shall submit to Congress a report that describes—
(1) the use of innovative and alternative drinking water delivery systems described in this section;
(2) the range of cost savings for communities using innovative and alternative drinking water delivery systems described in this section; and
(3) the use of drinking water technical assistance programs operated by the Administrator and the Secretary of Agriculture.
(
Editorial Notes
Codification
Section was enacted as part of the Water and Waste Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of "Administrator"
§300j–4. Records and inspections
(a) Provision of information to Administrator; monitoring program for unregulated contaminants
(1)(A) Every person who is subject to any requirement of this subchapter or who is a grantee, shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist the Administrator in establishing regulations under this subchapter, in determining whether such person has acted or is acting in compliance with this subchapter, in administering any program of financial assistance under this subchapter, in evaluating the health risks of unregulated contaminants, or in advising the public of such risks. In requiring a public water system to monitor under this subsection, the Administrator may take into consideration the system size and the contaminants likely to be found in the system's drinking water.
(B) Every person who is subject to a national primary drinking water regulation under
(C) Every person who is subject to a national primary drinking water regulation under
(D) The Administrator shall not later than 2 years after August 6, 1996, after consultation with public health experts, representatives of the general public, and officials of State and local governments, review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator, and promulgate any necessary modifications.
(2)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(D)
(E)
(F)
(G)
(H)
(b) Entry of establishments, facilities, or other property; inspections; conduct of certain tests; audit and examination of records; entry restrictions; prohibition against informing of a proposed entry
(1) Except as provided in paragraph (2), the Administrator, or representatives of the Administrator duly designated by him, upon presenting appropriate credentials and a written notice to any supplier of water or other person subject to (A) a national primary drinking water regulation prescribed under
(2) No entry may be made under the first sentence of paragraph (1) in an establishment, facility, or other property of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, or other property is located in a State which has primary enforcement responsibility for public water systems unless, before written 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 entry. The Administrator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State's program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice under this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform the person whose property is proposed to be entered of the proposed entry; and if a State agency so uses such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph.
(c) Penalty
Whoever fails or refuses to comply with any requirement of subsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspection authorized by subsection (b) shall be subject to a civil penalty of not to exceed $25,000.
(d) Confidential information; trade secrets and secret processes; information disclosure; "information required under this section" defined
(1) Subject to paragraph (2), upon a showing satisfactory to the Administrator by any person that any information required under this section from such person, if made public, would divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance with the purposes of
(2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this subchapter or to committees of the Congress, or when relevant in any proceeding under this subchapter, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking water. For purposes of this subsection the term "information required under this section" means any papers, books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section.
(e) "Grantee" and "person" defined
For purposes of this section, (1) the term "grantee" means any person who applies for or receives financial assistance, by grant, contract, or loan guarantee under this subchapter, and (2) the term "person" includes a Federal agency.
(f) Information regarding drinking water coolers
The Administrator may utilize the authorities of this section for purposes of part F. Any person who manufactures, imports, sells, or distributes drinking water coolers in interstate commerce shall be treated as a supplier of water for purposes of applying the provisions of this section in the case of persons subject to part F.
(g) Occurrence data base
(1) In general
Not later than 3 years after August 6, 1996, the Administrator shall assemble and maintain a national drinking water contaminant occurrence data base, using information on the occurrence of both regulated and unregulated contaminants in public water systems obtained under subsection (a)(1)(A) or subsection (a)(2) and reliable information from other public and private sources.
(2) Public input
In establishing the occurrence data base, the Administrator shall solicit recommendations from the Science Advisory Board, the States, and other interested parties concerning the development and maintenance of a national drinking water contaminant occurrence data base, including such issues as the structure and design of the data base, data input parameters and requirements, and the use and interpretation of data.
(3) Use
The data shall be used by the Administrator in making determinations under
(4) Public recommendations
The Administrator shall periodically solicit recommendations from the appropriate officials of the National Academy of Sciences and the States, and any person may submit recommendations to the Administrator, with respect to contaminants that should be included in the national drinking water contaminant occurrence data base, including recommendations with respect to additional unregulated contaminants that should be listed under subsection (a)(2). Any recommendation submitted under this clause shall be accompanied by reasonable documentation that—
(A) the contaminant occurs or is likely to occur in drinking water; and
(B) the contaminant poses a risk to public health.
(5) Public availability
The information from the data base shall be available to the public in readily accessible form.
(6) Regulated contaminants
With respect to each contaminant for which a national primary drinking water regulation has been established, the data base shall include information on the detection of the contaminant at a quantifiable level in public water systems (including detection of the contaminant at levels not constituting a violation of the maximum contaminant level for the contaminant).
(7) Unregulated contaminants
With respect to contaminants for which a national primary drinking water regulation has not been established, the data base shall include—
(A) monitoring information collected by public water systems that serve a population of more than 10,000, as required by the Administrator under subsection (a);
(B) monitoring information collected from a representative sampling of public water systems that serve a population of 10,000 or fewer;
(C) if applicable, monitoring information collected by public water systems pursuant to subsection (j) that is not duplicative of monitoring information included in the data base under subparagraph (B) or (D); and
(D) other reliable and appropriate monitoring information on the occurrence of the contaminants in public water systems that is available to the Administrator.
(h) Availability of information on small system technologies
For purposes of
(i) Screening methods
The Administrator shall review new analytical methods to screen for regulated contaminants and may approve such methods as are more accurate or cost-effective than established reference methods for use in compliance monitoring.
(j) Monitoring by certain systems
(1) In general
Notwithstanding subsection (a)(2)(A), the Administrator shall, subject to the availability of appropriations for such purpose—
(A) require public water systems serving between 3,300 and 10,000 persons to monitor for unregulated contaminants in accordance with this section; and
(B) ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor.
(2) Effective date
Paragraph (1) shall take effect 3 years after October 23, 2018.
(3) Limitation
Paragraph (1) shall take effect unless the Administrator determines that there is not sufficient laboratory capacity to accommodate the analysis necessary to carry out monitoring required under such paragraph.
(4) Limitation on enforcement
The Administrator may not enforce a requirement to monitor pursuant to paragraph (1) with respect to any public water system serving fewer than 3,300 persons, including by subjecting such a public water system to any civil penalty.
(5) Authorization of appropriations
There are authorized to be appropriated $15,000,000 in each fiscal year for which monitoring is required to be carried out under this subsection for the Administrator to pay the reasonable cost of such testing and laboratory analysis as are necessary to carry out monitoring required under this subsection.
(July 1, 1944, ch. 373, title XIV, §1445, as added
Editorial Notes
Amendments
2018—Subsec. (a)(2)(H).
Subsec. (g)(7)(C), (D).
Subsec. (j).
1996—Subsec. (a)(1).
Subsec. (a)(2) to (8).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1988—Subsec. (f).
1986—Subsec. (a)(1).
Subsec. (a)(2) to (7).
Subsec. (a)(8).
Subsec. (c).
1977—Subsec. (a).
Subsec. (b)(1).
§300j–5. National Drinking Water Advisory Council
(a) Establishment; membership; representation of interests; term of office, vacancies; reappointment
There is established a National Drinking Water Advisory Council which shall consist of fifteen members appointed by the Administrator after consultation with the Secretary. Five members 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 public water supply, of which two such members shall be associated with small, rural public water systems. 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 December 16, 1974, 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.
(b) Functions
The Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this subchapter.
(c) Compensation and allowances; travel expenses
Members of the Council appointed under this section shall, while attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allowances 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 GS–18 of the General Schedule for each day (including traveltime) during which 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) 1 of title 5.
(d) Advisory committee termination provision inapplicable
(July 1, 1944, ch. 373, title XIV, §1446, as added
Editorial Notes
References in Text
Amendments
2022—Subsec. (d).
1996—Subsec. (a).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See References in Text note below.
2 So in original. The comma probably should not appear.
§300j–6. Federal agencies
(a) In general
Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government—
(1) owning or operating any facility in a wellhead protection area;
(2) engaged in any activity at such facility resulting, or which may result, in the contamination of water supplies in any such area;
(3) owning or operating any public water system; or
(4) engaged in any activity resulting, or which may result in, underground injection which endangers drinking water (within the meaning of
shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting the protection of such wellhead areas, respecting such public water systems, and respecting any underground injection in the same manner and to the same extent as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local regulatory program respecting the protection of wellhead areas or public water systems or respecting any underground injection. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court 1 with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning the protection of wellhead areas or public water systems or concerning underground injection with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State requirement adopted pursuant to this subchapter, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any facility of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of 1 year, but additional exemptions may be granted for periods not to exceed 1 year upon the President's making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption.
(b) Administrative penalty orders
(1) In general
If the Administrator finds that a Federal agency has violated an applicable requirement under this subchapter, the Administrator may issue a penalty order assessing a penalty against the Federal agency.
(2) Penalties
The Administrator may, after notice to the agency, assess a civil penalty against the agency in an amount not to exceed $25,000 per day per violation.
(3) Procedure
Before an administrative penalty order issued under this subsection becomes final, the Administrator shall provide the agency an opportunity to confer with the Administrator and shall provide the agency notice and an opportunity for a hearing on the record in accordance with chapters 5 and 7 of title 5.
(4) Public review
(A) In general
Any interested person may obtain review of an administrative penalty order issued under this subsection. The review may be obtained in the United States District Court for the District of Columbia or in the United States District Court for the district in which the violation is alleged to have occurred by the filing of a complaint with the court within the 30-day period beginning on the date the penalty order becomes final. The person filing the complaint shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General.
(B) Record
The Administrator shall promptly file in the court a certified copy of the record on which the order was issued.
(C) Standard of review
The court shall not set aside or remand the order unless the court finds that there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.
(D) Prohibition on additional penalties
The court may not impose an additional civil penalty for a violation that is subject to the order unless the court finds that the assessment constitutes an abuse of discretion by the Administrator.
(c) Limitation on State use of funds collected from Federal Government
Unless a State law in effect on August 6, 1996, or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.
(d) Indian rights and sovereignty as unaffected; "Federal agency" defined
(1) Nothing in the Safe Drinking Water Amendments of 1977 shall be construed to alter or affect the status of American Indian lands or water rights nor to waive any sovereignty over Indian lands guaranteed by treaty or statute.
(2) For the purposes of this chapter, the term "Federal agency" shall not be construed to refer to or include any American Indian tribe, nor to the Secretary of the Interior in his capacity as trustee of Indian lands.
(e) Washington Aqueduct
The Secretary of the Army shall not pass the cost of any penalty assessed under this subchapter on to any customer, user, or other purchaser of drinking water from the Washington Aqueduct system, including finished water from the Dalecarlia or McMillan treatment plant.
(July 1, 1944, ch. 373, title XIV, §1447, as added
Editorial Notes
References in Text
The Safe Drinking Water Amendments of 1977, referred to in subsec. (d)(1), is
Amendments
1996—Subsecs. (a) to (d).
Subsec. (e).
1977—Subsec. (a).
Subsec. (c).
1 So in original. Probably should not be capitalized.
§300j–7. Judicial review
(a) Courts of appeals; petition for review: actions respecting regulations; filing period; grounds arising after expiration of filing period; exclusiveness of remedy
A petition for review of—
(1) actions pertaining to the establishment of national primary drinking water regulations (including maximum contaminant level goals) may be filed only in the United States Court of Appeals for the District of Columbia circuit; and
(2) any other final action of the Administrator under this chapter may be filed in the circuit in which the petitioner resides or transacts business which is directly affected by the action.
Any such petition shall be filed within the 45-day period beginning on the date of the promulgation of the regulation or any other final Agency action with respect to which review is sought or on the date of the determination with 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. In any petition concerning the assessment of a civil penalty pursuant to
(b) District courts; petition for review: actions respecting variances or exemptions; filing period; grounds arising after expiration of filing period; exclusiveness of remedy
The United States district courts shall have jurisdiction of actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under
(c) Judicial order for additional evidence before Administrator; modified or new findings; recommendation for modification or setting aside of original determination
In any judicial proceeding in which review is sought of a determination under this subchapter 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 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 term 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.
(July 1, 1944, ch. 373, title XIV, §1448, as added
Editorial Notes
Amendments
1996—Subsec. (a).
Subsec. (a)(2).
1986—Subsec. (a)(1).
Subsec. (a)(2).
§300j–8. Citizen's civil action
(a) Persons subject to civil action; jurisdiction of enforcement proceedings
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 subchapter;
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this subchapter which is not discretionary with the Administrator; or
(3) for the collection of a penalty by the United States Government (and associated costs and interest) against any Federal agency that fails, by the date that is 18 months after the effective date of a final order to pay a penalty assessed by the Administrator under section 300h–8(b) 1 of this title, to pay the penalty.
No action may be brought under paragraph (1) against a public water system for a violation of a requirement prescribed by or under this subchapter which occurred within the 27-month period beginning on the first day of the month in which this subchapter is enacted. The United States district 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 subchapter or to order the Administrator to perform an act or duty described in paragraph (2), as the case may be.
(b) Conditions for commencement of civil action; notice
No civil action may be commenced—
(1) under subsection (a)(1) of this section respecting violation of a requirement prescribed by or under this subchapter—
(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; or
(3) under subsection (a)(3) prior to 60 days after the plaintiff has given notice of such action to the Attorney General and to the Federal agency.
Notice required by this subsection shall be given in such manner as the Administrator shall prescribe by regulation. No person may commence a civil action under subsection (a) to require a State to prescribe a schedule under
(c) Intervention of right
In any action under this section, the Administrator or the Attorney General, if not a party, may intervene as a matter of right.
(d) Costs; attorney fees; expert witness fees; filing of bond
The court, in issuing any final order in any action brought 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 court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(e) Availability of other relief
Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this subchapter or to seek any other relief. Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State or local government from—
(1) bringing any action or obtaining any remedy or sanction in any State or local court, or
(2) bringing any administrative action or obtaining any administrative remedy or sanction,
against any agency of the United States under State or local law to enforce any requirement respecting the provision of safe drinking water or respecting any underground injection control program. Nothing in this section shall be construed to authorize judicial review of regulations or orders of the Administrator under this subchapter, except as provided in
(July 1, 1944, ch. 373, title XIV, §1449, as added
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1996—Subsec. (a)(3).
Subsec. (b)(3).
1977—Subsec. (e).
1 So in original. Probably should be section "300j–6(b)".
§300j–9. General provisions
(a) Regulations; delegation of functions
(1) The Administrator is authorized to prescribe such regulations as are necessary or appropriate to carry out his functions under this subchapter.
(2) The Administrator may delegate any of his functions under this subchapter (other than prescribing regulations) to any officer or employee of the Agency.
(b) Utilization of officers and employees of Federal agencies
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 subchapter.
(c) Assignment of Agency personnel to State or interstate agencies
Upon the request of a State or interstate agency, the Administrator may assign personnel of the Agency to such State or interstate agency for the purposes of carrying out the provisions of this subchapter.
(d) Payments of grants; adjustments; advances; reimbursement; installments; conditions; eligibility for grants; "nonprofit agency or institution" defined
(1) The Administrator may make payments of grants under this subchapter (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, 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 purposes of this paragraph, the term "nonprofit agency or institution" means an agency or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual.
(e) Labor standards
The Administrator shall take such action as may be necessary to assure compliance with provisions of
(f) Appearance and representation of Administrator through Attorney General or attorney appointees
The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this subchapter to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that he will appear in such action, attorneys appointed by the Administrator shall appear and represent him.
(g) Authority of Administrator under other provisions unaffected
The provisions of this subchapter shall not be construed as affecting any authority of the Administrator under part G of subchapter II of this chapter.
(h) Reports to Congressional committees; review by Office of Management and Budget: submittal of comments to Congressional committees
Not later than April 1 of each year, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report respecting the activities of the Agency under this subchapter and containing such recommendations for legislation as he considers necessary. The report of the Administrator under this subsection 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 in each State of compliance with the requirements of this subchapter. The Office of Management and Budget may review any report required by 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 Congress its comments respecting any such report.
(i) Discrimination prohibition; filing of complaint; investigation; orders of Secretary; notice and hearing; settlements; attorneys' fees; judicial review; filing of petition; procedural requirements; stay of orders; exclusiveness of remedy; civil actions for enforcement of orders; appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate violations
(1) No employer may discharge any employee or otherwise discriminate 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 commence or cause to be commenced a proceeding under this subchapter or a proceeding for the administration or enforcement of drinking 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 subchapter.
(2)(A) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of paragraph (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 complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint.
(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 complaint, 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 providing 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 participation and consent of the complainant.
(ii) If in response to a complaint filed under subparagraph (A) the Secretary determines that a violation of paragraph (1) has occurred, the Secretary shall order (I) the person who committed such violation to take affirmative action to abate the violation, (II) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, (III) compensatory damages, and (IV) where appropriate, exemplary damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess 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 complainant 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 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
(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 under paragraph (2)(B), the Secretary shall file a civil action in the 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, compensatory, and exemplary damages.
(5) Any nondiscretionary duty imposed by this section is enforceable in mandamus proceeding brought under
(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's agent), deliberately causes a violation of any requirement of this subchapter.
(July 1, 1944, ch. 373, title XIV, §1450, as added
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176;
Part G of subchapter II of this chapter, referred to in subsec. (g), is classified to
Codification
In subsec. (e), "
Amendments
1994—Subsec. (h).
1984—Subsec. (i)(4).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Effective Date of 1984 Amendment
Amendment by
Applicability of Labor Standards to Drinking Water Treatment Construction Projects
§300j–10. Appointment of scientific, etc., personnel by Administrator of Environmental Protection Agency for implementation of responsibilities; compensation
To the extent that the Administrator of the Environmental Protection Agency deems such action necessary to the discharge of his functions under title XIV of the Public Health Service Act [
(
Editorial Notes
References in Text
The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373,
Codification
Section was enacted as part of the Safe Drinking Water Amendments of 1977, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§300j–11. Indian Tribes
(a) In general
Subject to the provisions of subsection (b), the Administrator—
(1) is authorized to treat Indian Tribes as States under this subchapter,
(2) may delegate to such Tribes primary enforcement responsibility for public water systems and for underground injection control, and
(3) may provide such Tribes grant and contract assistance to carry out functions provided by this subchapter.
(b) EPA regulations
(1) Specific provisions
The Administrator shall, within 18 months after June 19, 1986, promulgate final regulations specifying those provisions of this subchapter for which it is appropriate to treat Indian Tribes as States. Such treatment shall be authorized only if:
(A) the Indian Tribe is recognized by the Secretary of the Interior and has a governing body carrying out substantial governmental duties and powers;
(B) the functions to be exercised by the Indian Tribe are within the area of the Tribal Government's jurisdiction; and
(C) the Indian Tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this subchapter and of all applicable regulations.
(2) Provisions where treatment as State inappropriate
For any provision of this subchapter where treatment of Indian Tribes as identical to States is inappropriate, administratively infeasible or otherwise inconsistent with the purposes of this subchapter, the Administrator may include in the regulations promulgated under this section, other means for administering such provision in a manner that will achieve the purpose of the provision. Nothing in this section shall be construed to allow Indian Tribes to assume or maintain primary enforcement responsibility for public water systems or for underground injection control in a manner less protective of the health of persons than such responsibility may be assumed or maintained by a State. An Indian tribe 1 shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the preceding sentence.
(July 1, 1944, ch. 373, title XIV, §1451, as added
Editorial Notes
Amendments
1996—
1 So in original. Probably should be capitalized.
§300j–12. State revolving loan funds
(a) General authority
(1) Grants to States to establish State loan funds
(A) In general
The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter.
(B) Establishment of fund
To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a "State loan fund") and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund.
(C) Extended period
The grant to a State shall be available to the State for obligation during the fiscal year for which the funds are authorized and during the following fiscal year, except that grants made available from funds provided prior to fiscal year 1997 shall be available for obligation during each of the fiscal years 1997 and 1998.
(D) Allotment formula
Except as otherwise provided in this section, funds made available to carry out this section shall be allotted to States that have entered into an agreement pursuant to this section (other than the District of Columbia) in accordance with—
(i) for each of fiscal years 1995 through 1997, a formula that is the same as the formula used to distribute public water system supervision grant funds under
(ii) for fiscal year 1998 and each subsequent fiscal year, a formula that allocates to each State the proportional share of the State needs identified in the most recent survey conducted pursuant to subsection (h), except that the minimum proportionate share provided to each State shall be the same as the minimum proportionate share provided under clause (i).
(E) Reallotment
The grants not obligated by the last day of the period for which the grants are available shall be reallotted according to the appropriate criteria set forth in subparagraph (D), except that the Administrator may reserve and allocate 10 percent of the remaining amount for financial assistance to Indian Tribes in addition to the amount allotted under subsection (i) and none of the funds reallotted by the Administrator shall be reallotted to any State that has not obligated all sums allotted to the State pursuant to this section during the period in which the sums were available for obligation.
(F) Nonprimacy States
The State allotment for a State not exercising primary enforcement responsibility for public water systems shall not be deposited in any such fund but shall be allotted by the Administrator under this subparagraph. Pursuant to
(G) Other programs
(i) New system capacity
Beginning in fiscal year 1999, the Administrator shall withhold 20 percent of each capitalization grant made pursuant to this section to a State unless the State has met the requirements of
(ii) Operator certification
The Administrator shall withhold 20 percent of each capitalization grant made pursuant to this section unless the State has met the requirements of 300g–8 1 of this title (relating to operator certification). All funds withheld by the Administrator pursuant to this clause shall be reallotted by the Administrator on the basis of the same ratio as applicable to funds allotted under subparagraph (D). None of the funds reallotted by the Administrator pursuant to this paragraph shall be allotted to a State unless the State has met the requirements of
(2) Use of funds
(A) In general
Except as otherwise authorized by this subchapter, amounts deposited in a State loan fund, including loan repayments and interest earned on such amounts, shall be used only for providing loans or loan guarantees, or as a source of reserve and security for leveraged loans, the proceeds of which are deposited in a State loan fund established under paragraph (1), or other financial assistance authorized under this section to community water systems and nonprofit noncommunity water systems, other than systems owned by Federal agencies.
(B) Limitation
Financial assistance under this section may be used by a public water system only for expenditures (including expenditures for planning, design, siting, and associated preconstruction activities, or for replacing or rehabilitating aging treatment, storage, or distribution facilities of public water systems, but not including monitoring, operation, and maintenance expenditures) of a type or category which the Administrator has determined, through guidance, will facilitate compliance with national primary drinking water regulations applicable to the system under
(C) Sale of bonds
Funds may also be used by a public water system as a source of revenue (restricted solely to interest earnings of the applicable State loan fund) or security for payment of the principal and interest on revenue or general obligation bonds issued by the State to provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the State loan fund.
(D) Water treatment loans
The funds under this section may also be used to provide loans to a system referred to in
(E) Acquisition of real property
The funds under this section shall not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a project authorized by this paragraph and the purchase is from a willing seller.
(F) Loan assistance
Of the amount credited to any State loan fund established under this section in any fiscal year, 15 percent shall be available solely for providing loan assistance to public water systems which regularly serve fewer than 10,000 persons to the extent such funds can be obligated for eligible projects of public water systems.
(G) Emerging contaminants
(i) In general
Notwithstanding any other provision of law and subject to clause (ii), amounts deposited under subsection (t) in a State loan fund established under this section may only be used to provide grants for the purpose of addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances.
(ii) Requirements
(I) Small and disadvantaged communities
Not less than 25 percent of the amounts described in clause (i) shall be used to provide grants to—
(aa) disadvantaged communities (as defined in subsection (d)(3)); or
(bb) public water systems serving fewer than 25,000 persons.
(II) Priorities
In selecting the recipient of a grant using amounts described in clause (i), a State shall use the priorities described in subsection (b)(3)(A).
(iii) No increased bonding authority
The amounts deposited in the State loan fund of a State under subsection (t) may not be used as a source of payment of, or security for (directly or indirectly), in whole or in part, any obligation the interest on which is exempt from the tax imposed under
(3) Limitation
(A) In general
Except as provided in subparagraph (B), no assistance under this section shall be provided to a public water system that—
(i) does not have the technical, managerial, and financial capability to ensure compliance with the requirements of this subchapter; or
(ii) is in significant noncompliance with any requirement of a national primary drinking water regulation or variance.
(B) Restructuring
A public water system described in subparagraph (A) may receive assistance under this section if—
(i) the use of the assistance will ensure compliance; and
(ii) if subparagraph (A)(i) applies to the system, the owner or operator of the system agrees to undertake feasible and appropriate changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) if the State determines that the measures are necessary to ensure that the system has the technical, managerial, and financial capability to comply with the requirements of this subchapter over the long term.
(C) Review
Prior to providing assistance under this section to a public water system that is in significant noncompliance with any requirement of a national primary drinking water regulation or variance, the State shall conduct a review to determine whether subparagraph (A)(i) applies to the system.
(4) American iron and steel products
(A) In general
Funds made available from a State loan fund established pursuant to this section may not be used for a project for the construction, alteration, or repair of a public water system unless all of the iron and steel products used in the project are produced in the United States.
(B) Definition of iron and steel products
In this paragraph, the term "iron and steel products" means the following products made primarily of iron or steel:
(i) Lined or unlined pipes and fittings.
(ii) Manhole covers and other municipal castings.
(iii) Hydrants.
(iv) Tanks.
(v) Flanges.
(vi) Pipe clamps and restraints.
(vii) Valves.
(viii) Structural steel.
(ix) Reinforced precast concrete.
(x) Construction materials.
(C) Application
Subparagraph (A) shall be waived in any case or category of cases in which the Administrator finds that—
(i) applying subparagraph (A) would be inconsistent with the public interest;
(ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(D) Waiver
If the Administrator receives a request for a waiver under this paragraph, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Agency.
(E) International agreements
This paragraph shall be applied in a manner consistent with United States obligations under international agreements.
(F) Management and oversight
The Administrator may retain up to 0.25 percent of the funds appropriated for this section for management and oversight of the requirements of this paragraph.
(G) Effective date
This paragraph does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to December 16, 2016.
(5) Prevailing wages
The requirements of
(b) Intended use plans
(1) In general
After providing for public review and comment, each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts available to the State loan fund of the State.
(2) Contents
An intended use plan shall include—
(A) a list of the projects to be assisted in the first fiscal year that begins after the date of the plan, including a description of the project, the expected terms of financial assistance, and the size of the community served;
(B) the criteria and methods established for the distribution of funds; and
(C) a description of the financial status of the State loan fund and the short-term and long-term goals of the State loan fund.
(3) Use of funds
(A) In general
An intended use plan shall provide, to the maximum extent practicable, that priority for the use of funds be given to projects that—
(i) address the most serious risk to human health;
(ii) are necessary to ensure compliance with the requirements of this subchapter (including requirements for filtration); and
(iii) assist systems most in need on a per household basis according to State affordability criteria.
(B) List of projects
Each State shall, after notice and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible for assistance under this section, including the priority assigned to each project and, to the extent known, the expected funding schedule for each project.
(c) Fund management
Each State loan fund under this section shall be established, maintained, and credited with repayments and interest. The fund corpus shall be available in perpetuity for providing financial assistance under this section. To the extent amounts in the fund are not required for current obligation or expenditure, such amounts shall be invested in interest bearing obligations.
(d) Assistance for disadvantaged communities
(1) Loan subsidy
(A) In general
Notwithstanding any other provision of this section, in any case in which the State makes a loan pursuant to subsection (a)(2) to a disadvantaged community or to a community that the State expects to become a disadvantaged community as the result of a proposed project, the State may provide additional subsidization (including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt).
(B) Exclusion
A loan from a State loan fund with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subsection.
(2) Total amount of subsidies
For each fiscal year, of the amount of the capitalization grant received by the State for the year, the total amount of loan subsidies made by a State pursuant to paragraph (1)—
(A) may not exceed 35 percent; and
(B) to the extent that there are sufficient applications for loans to communities described in paragraph (1), may not be less than 12 percent.
(3) "Disadvantaged community" defined
In this subsection, the term "disadvantaged community" means the service area of a public water system that meets affordability criteria established after public review and comment by the State in which the public water system is located. The Administrator may publish information to assist States in establishing affordability criteria.
(e) State contribution
Each agreement under subsection (a) shall require that the State deposit in the State loan fund from State moneys an amount equal to at least 20 percent of the total amount of the grant to be made to the State on or before the date on which the grant payment is made to the State, except that a State shall not be required to deposit such amount into the fund prior to the date on which each grant payment is made for fiscal years 1994, 1995, 1996, and 1997 if the State deposits the State contribution amount into the State loan fund prior to September 30, 1999.
(f) Types of assistance
Except as otherwise limited by State law, the amounts deposited into a State loan fund under this section may be used only—
(1) to make loans, on the condition that—
(A) the interest rate for each loan is less than or equal to the market interest rate, including an interest free loan;
(B) principal and interest payments on each loan will commence not later than 18 months after completion of the project for which the loan was made;
(C) each loan will be fully amortized not later than 30 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)) a State may provide an extended term for a loan, if the extended term—
(i) terminates not later than the date that is 40 years after the date of project completion; and
(ii) does not exceed the expected design life of the project;
(D) the recipient of each loan will establish a dedicated source of revenue (or, in the case of a privately owned system, demonstrate that there is adequate security) for the repayment of the loan; and
(E) the State loan fund will be credited with all payments of principal and interest on each loan;
(2) to buy or refinance the debt obligation of a municipality or an intermunicipal or interstate agency within the State at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993;
(3) to guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this section) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation;
(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of the bonds will be deposited into the State loan fund; and
(5) to earn interest on the amounts deposited into the State loan fund.
(g) Administration of State loan funds
(1) Combined financial administration
Notwithstanding subsection (c), a State may (as a convenience and to avoid unnecessary administrative costs) combine, in accordance with State law, the financial administration of a State loan fund established under this section with the financial administration of any other revolving fund established by the State if otherwise not prohibited by the law under which the State loan fund was established and if the Administrator determines that—
(A) the grants under this section, together with loan repayments and interest, will be separately accounted for and used solely for the purposes specified in subsection (a); and
(B) the authority to establish assistance priorities and carry out oversight and related activities (other than financial administration) with respect to assistance remains with the State agency having primary responsibility for administration of the State program under
(2) Cost of administering fund
(A) Authorization
(i) In general
For each fiscal year, a State may use the amount described in clause (ii)—
(I) to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund that are incurred after August 6, 1996; and
(II) to provide technical assistance to public water systems within the State.
(ii) Description of amount
The amount referred to in clause (i) is an amount equal to the sum of—
(I) the amount of any fees collected by the State for use in accordance with clause (i)(I), regardless of the source; and
(II) the greatest of—
(aa) $400,000;
(bb) 1/5 percent of the current valuation of the fund; and
(cc) an amount equal to 4 percent of all grant awards to the fund under this section for the fiscal year.
(B) Additional use of funds
For fiscal year 1995 and each fiscal year thereafter, each State may use up to an additional 10 percent of the funds allotted to the State under this section—
(i) for public water system supervision programs under
(ii) to administer or provide technical assistance through source water protection programs;
(iii) to develop and implement a capacity development strategy under
(iv) for an operator certification program for purposes of meeting the requirements of
(C) Technical assistance
An additional 2 percent of the funds annually allotted to each State under this section may be used by the State to provide technical assistance to public water systems serving 10,000 or fewer persons in the State.
(D) Enforcement actions
Funds used under subparagraph (B)(ii) shall not be used for enforcement actions.
(3) Guidance and regulations
The Administrator shall publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section, including—
(A) provisions to ensure that each State commits and expends funds allotted to the State under this section as efficiently as possible in accordance with this subchapter and applicable State laws;
(B) guidance to prevent waste, fraud, and abuse; and
(C) guidance to avoid the use of funds made available under this section to finance the expansion of any public water system in anticipation of future population growth.
The guidance and regulations shall also ensure that the States, and public water systems receiving assistance under this section, use accounting, audit, and fiscal procedures that conform to generally accepted accounting standards.
(4) State report
Each State administering a loan fund and assistance program under this subsection shall publish and submit to the Administrator a report every 2 years on its activities under this section, including the findings of the most recent audit of the fund and the entire State allotment. The Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established by the Comptroller General.
(h) Needs survey
(1) The Administrator shall conduct an assessment of water system capital improvement needs of all eligible public water systems in the United States and submit a report to the Congress containing the results of the assessment within 180 days after August 6, 1996, and every 4 years thereafter.
(2) Any assessment conducted under paragraph (1) after October 23, 2018, shall include an assessment of costs to replace all lead service lines (as defined in
(i) Indian Tribes
(1) In general
1½ percent of the amounts appropriated annually to carry out this section may be used by the Administrator to make grants to Indian Tribes, Alaska Native villages, and, for the purpose of carrying out paragraph (5), intertribal consortia or tribal organizations, that have not otherwise received either grants from the Administrator under this section or assistance from State loan funds established under this section. Except as otherwise provided, the grants may only be used for expenditures by tribes and villages for public water system expenditures referred to in subsection (a)(2).
(2) Use of funds
Funds reserved pursuant to paragraph (1) shall be used to address the most significant threats to public health associated with public water systems that serve Indian Tribes, as determined by the Administrator in consultation with the Director of the Indian Health Service and Indian Tribes.
(3) Alaska Native villages
In the case of a grant for a project under this subsection in an Alaska Native village, the Administrator is also authorized to make grants to the State of Alaska for the benefit of Native villages. An amount not to exceed 4 percent of the grant amount may be used by the State of Alaska for project management.
(4) Needs assessment
The Administrator, in consultation with the Director of the Indian Health Service and Indian Tribes, shall, in accordance with a schedule that is consistent with the needs surveys conducted pursuant to subsection (h), prepare surveys and assess the needs of drinking water treatment facilities to serve Indian Tribes, including an evaluation of the public water systems that pose the most significant threats to public health.
(5) Training and operator certification
(A) In general
The Administrator may use funds made available under this subsection and
(B) Eligible tribal organizations
Intertribal consortia or tribal organizations eligible for a grant under subparagraph (A) are intertribal consortia or tribal organizations that—
(i) as determined by the Administrator, are the most qualified and experienced to provide training and technical assistance to Indian Tribes; and
(ii) the Indian Tribes find to be the most beneficial and effective.
(j) Other areas
Of the funds annually available under this section for grants to States, the Administrator shall make allotments in accordance with
(k) Other authorized activities
(1) In general
Notwithstanding subsection (a)(2), a State may take each of the following actions:
(A) Provide assistance, only in the form of a loan, to one or more of the following:
(i) Any public water system described in subsection (a)(2) to acquire land or a conservation easement from a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from contamination and to ensure compliance with national primary drinking water regulations.
(ii) Any community water system to implement local, voluntary source water protection measures to protect source water in areas delineated pursuant to
(iii) Any community water system to provide funding in accordance with
(B) Provide assistance, including technical and financial assistance, to any public water system as part of a capacity development strategy developed and implemented in accordance with
(C) Make expenditures from the capitalization grant of the State to delineate, assess, and update assessments for source water protection areas in accordance with
(D) Make expenditures from the fund for the establishment and implementation of wellhead protection programs under
(2) Limitation
For each fiscal year, the total amount of assistance provided and expenditures made by a State under this subsection may not exceed 15 percent of the amount of the capitalization grant received by the State for that year and may not exceed 10 percent of that amount for any one of the following activities:
(A) To acquire land or conservation easements pursuant to paragraph (1)(A)(i).
(B) To provide funding to implement voluntary, incentive-based source water quality protection measures pursuant to clauses (ii) and (iii) of paragraph (1)(A).
(C) To provide assistance through a capacity development strategy pursuant to paragraph (1)(B).
(D) To make expenditures to delineate or assess source water protection areas pursuant to paragraph (1)(C).
(E) To make expenditures to establish and implement wellhead protection programs, and to implement efforts to protect source water, pursuant to paragraph (1)(D).
(3) Statutory construction
Nothing in this section creates or conveys any new authority to a State, political subdivision of a State, or community water system for any new regulatory measure, or limits any authority of a State, political subdivision of a State or community water system.
(l) Savings
The failure or inability of any public water system to receive funds under this section or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements of this subchapter.
(m) Authorization of appropriations
(1) There are authorized to be appropriated to carry out the purposes of this section, except for subsections (a)(2)(G) and (t)—
(A) $1,174,000,000 for fiscal year 2019;
(B) $1,300,000,000 for fiscal year 2020;
(C) $1,950,000,000 for fiscal year 2021;
(D) $2,400,000,000 for fiscal year 2022;
(E) $2,750,000,000 for fiscal year 2023;
(F) $3,000,000,000 for fiscal year 2024; and
(G) $3,250,000,000 for each of fiscal years 2025 and 2026.
(2) To the extent amounts authorized to be appropriated under this subsection in any fiscal year are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year. Such sums shall remain available until expended.
(n) Health effects studies
From funds appropriated pursuant to this section for each fiscal year, the Administrator shall reserve $10,000,000 for health effects studies on drinking water contaminants authorized by the Safe Drinking Water Act Amendments of 1996. In allocating funds made available under this subsection, the Administrator shall give priority to studies concerning the health effects of cryptosporidium (as authorized by
(o) Monitoring for unregulated contaminants
From funds appropriated pursuant to this section for each fiscal year beginning with fiscal year 1998, the Administrator shall reserve $2,000,000 to pay the costs of monitoring for unregulated contaminants under
(p) Demonstration project for State of Virginia
Notwithstanding the other provisions of this section limiting the use of funds deposited in a State loan fund from any State allotment, the State of Virginia may, as a single demonstration and with the approval of the Virginia General Assembly and the Administrator, conduct a program to demonstrate alternative approaches to intergovernmental coordination to assist in the financing of new drinking water facilities in the following rural communities in southwestern Virginia where none exists on August 6, 1996, and where such communities are experiencing economic hardship: Lee County, Wise County, Scott County, Dickenson County, Russell County, Buchanan County, Tazewell County, and the city of Norton, Virginia. The funds allotted to that State and deposited in the State loan fund may be loaned to a regional endowment fund for the purpose set forth in this subsection under a plan to be approved by the Administrator. The plan may include an advisory group that includes representatives of such counties.
(q) Small system technical assistance
The Administrator may reserve up to 2 percent of the total funds made available to carry out this section for each of fiscal years 2022 through 2026 to carry out the provisions of
(r) Evaluation
The Administrator shall conduct an evaluation of the effectiveness of the State loan funds through fiscal year 2001. The evaluation shall be submitted to the Congress at the same time as the President submits to the Congress, pursuant to
(s) Best practices for State loan fund administration
The Administrator shall—
(1) collect information from States on administration of State loan funds established pursuant to subsection (a)(1), including—
(A) efforts to streamline the process for applying for assistance through such State loan funds;
(B) programs in place to assist with the completion of applications for assistance through such State loan funds;
(C) incentives provided to public water systems that partner with small public water systems to assist with the application process for assistance through such State loan funds;
(D) practices to ensure that amounts in such State loan funds are used to provide loans, loan guarantees, or other authorized assistance in a timely fashion;
(E) practices that support effective management of such State loan funds;
(F) practices and tools to enhance financial management of such State loan funds; and
(G) key financial measures for use in evaluating State loan fund operations, including—
(i) measures of lending capacity, such as current assets and current liabilities or undisbursed loan assistance liability; and
(ii) measures of growth or sustainability, such as return on net interest;
(2) not later than 3 years after October 23, 2018, disseminate to the States best practices for administration of such State loan funds, based on the information collected pursuant to this subsection; and
(3) periodically update such best practices, as appropriate.
(t) Emerging contaminants
(1) In general
Amounts made available under this subsection shall be allotted to a State as if allotted under subsection (a)(1)(D) as a capitalization grant, for deposit into the State loan fund of the State, for the purposes described in subsection (a)(2)(G).
(2) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2020 through 2024, to remain available until expended.
(July 1, 1944, ch. 373, title XIV, §1452, as added
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(G)(iii), is classified generally to Title 26, Internal Revenue Code.
The Safe Drinking Water Act Amendments of 1996, referred to in subsec. (n), is
Amendments
2021—Subsec. (a)(4)(A).
Subsec. (d)(1).
Subsec. (d)(2)(B).
Subsec. (m)(1)(D) to (G).
Subsec. (q).
2019—Subsec. (a)(2)(G).
Subsec. (m)(1).
Subsec. (t).
2018—Subsec. (a)(2)(B).
Subsec. (a)(4)(A).
Subsec. (a)(5).
Subsec. (d)(2).
Subsec. (f)(1)(B).
"(i) terminates not later than the date that is 30 years after the date of project completion; and
"(ii) does not exceed the expected design life of the project;".
Subsec. (f)(1)(C) to (E).
Subsec. (h).
Subsec. (k)(1)(C).
Subsec. (k)(1)(D).
Subsec. (k)(2)(E).
Subsec. (m).
Subsec. (s).
2016—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
Subsec. (a)(4).
Subsec. (g)(2).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B).
Subsec. (g)(2)(B)(iv).
Subsec. (g)(2)(C).
Subsec. (g)(2)(D).
Subsec. (i)(1).
Subsec. (i)(5).
Subsec. (q).
Statutory Notes and Related Subsidiaries
Assistance for Areas Affected by Natural Disasters
"(a)
"(1)
"(2)
"(3)
"(A) that serves an area for which, after January 1, 2017, the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(i) has issued a major disaster declaration; and
"(ii) provided disaster assistance; or
"(B) that is capable of extending its potable drinking water service into an underserved area.
"(4)
"(5)
"(A) is served by a community water system serving fewer than 50,000 persons where delivery of, or access to, potable water is or was disrupted; and
"(B) received disaster assistance pursuant to a declaration described in paragraph (3)(A).
"(b)
"(1)
"(2)
"(A)
"(B)
"(c)
"(d)
"(e)
"(1)
"(A) for a period of 24 months beginning on the date on which the funds are made available for the purpose described in subsection (b)(1); and
"(B) after the end of such 24-month period, until expended for the purpose described in paragraph (3) of this subsection.
"(2)
"(A)
"(B)
"(i) a description of the project;
"(ii) an explanation of the means by which the project will restore or improve compliance with national primary drinking water regulations in an underserved area;
"(iii) the estimated cost of the project; and
"(iv) the projected start date for the project.
"(3)
"(4)
"(A)
"(B)
"(C)
Drinking Water Infrastructure
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(A) considered to be a disadvantaged community under section 1452(d) of the Safe Drinking Water Act (
"(B) eligible to receive loans with additional subsidization under section 1452(d)(1) of that Act (
"(2)
"(A)
"(B)
"(C)
"(i) the interest of which is exempt from the tax imposed under
"(ii) with respect to which credit is allowable under subpart I [former
"(3)
"(A) any funds provided pursuant to subsection (d) of this section;
"(B) any other assistance provided to an eligible system; or
"(C) any funds required to match the funds provided under subsection (d).
"(c)
"(d)
"(1)
"(2)
"(A) a description of the project;
"(B) an explanation of the means by which the project will address a situation causing a declared emergency in the eligible State;
"(C) the estimated cost of the project; and
"(D) the projected start date for construction of the project.
"(3)
"(4)
"(A) Section 1452(b)(1) of the Safe Drinking Water Act (
"(B) Unless explicitly waived, all requirements under the Safe Drinking Water Act (
"(e)
"(1)
"(2)
"(f)
Combining Fund Assets for Enhancement of Lending Capacity
Transfer of Funds
Similar provisions were contained in the following prior appropriation acts:
"(a)
"(1) reserve up to 33 percent of a capitalization grant made pursuant to such section 1452 and add the funds reserved to any funds provided to the State pursuant to section 601 of the Federal Water Pollution Control Act (
"(2) reserve in any year a dollar amount up to the dollar amount that may be reserved under paragraph (1) for that year from capitalization grants made pursuant to section 601 of such Act (
"(b)
"(c)
1 So in original. Probably should be preceded by "section".
§300j–13. Source water quality assessment
(a) Source water assessment
(1) Guidance
Within 12 months after August 6, 1996, after notice and comment, the Administrator shall publish guidance for States exercising primary enforcement responsibility for public water systems to carry out directly or through delegation (for the protection and benefit of public water systems and for the support of monitoring flexibility) a source water assessment program within the State's boundaries. Each State adopting modifications to monitoring requirements pursuant to
(2) Program requirements
A source water assessment program under this subsection shall—
(A) delineate the boundaries of the assessment areas in such State from which one or more public water systems in the State receive supplies of drinking water, using all reasonably available hydrogeologic information on the sources of the supply of drinking water in the State and the water flow, recharge, and discharge and any other reliable information as the State deems necessary to adequately determine such areas; and
(B) identify for contaminants regulated under this subchapter for which monitoring is required under this subchapter (or any unregulated contaminants selected by the State, in its discretion, which the State, for the purposes of this subsection, has determined may present a threat to public health), to the extent practical, the origins within each delineated area of such contaminants to determine the susceptibility of the public water systems in the delineated area to such contaminants.
(3) Approval, implementation, and monitoring relief
A State source water assessment program under this subsection shall be submitted to the Administrator within 18 months after the Administrator's guidance is issued under this subsection and shall be deemed approved 9 months after the date of such submittal unless the Administrator disapproves the program as provided in
(4) Timetable
The timetable referred to in paragraph (3) shall take into consideration the availability to the State of funds under
(5) Demonstration project
The Administrator shall, as soon as practicable, conduct a demonstration project, in consultation with other Federal agencies, to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands.
(6) Use of other programs
To avoid duplication and to encourage efficiency, the program under this section may make use of any of the following:
(A) Vulnerability assessments, sanitary surveys, and monitoring programs.
(B) Delineations or assessments of ground water sources under a State wellhead protection program developed pursuant to this section.
(C) Delineations or assessments of surface or ground water sources under a State pesticide management plan developed pursuant to the Pesticide and Ground Water State Management Plan Regulation (subparts I and J of part 152 of title 40, Code of Federal Regulations), promulgated under
(D) Delineations or assessments of surface water sources under a State watershed initiative or to satisfy the watershed criterion for determining if filtration is required under the Surface Water Treatment Rule (section 141.70 of title 40, Code of Federal Regulations).
(E) Delineations or assessments of surface or ground water sources under programs or plans pursuant to the Federal Water Pollution Control Act [
(7) Public availability
The State shall make the results of the source water assessments conducted under this subsection available to the public.
(b) Approval and disapproval
For provisions relating to program approval and disapproval, see
(July 1, 1944, ch. 373, title XIV, §1453, as added
Editorial Notes
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (a)(6)(E), is act June 30, 1948, ch. 758, as amended generally by
§300j–14. Source water petition program
(a) Petition program
(1) In general
(A) Establishment
A State may establish a program under which an owner or operator of a community water system in the State, or a municipal or local government or political subdivision of a State (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area), may submit a source water quality protection partnership petition to the State requesting that the State assist in the local development of a voluntary, incentive-based partnership, among the owner, operator, or government and other persons likely to be affected by the recommendations of the partnership, to—
(i) reduce the presence in drinking water of contaminants that may be addressed by a petition by considering the origins of the contaminants, including to the maximum extent practicable the specific activities that affect the drinking water supply of a community;
(ii) obtain financial or technical assistance necessary to facilitate establishment of a partnership, or to develop and implement recommendations of a partnership for the protection of source water to assist in the provision of drinking water that complies with national primary drinking water regulations with respect to contaminants addressed by a petition; and
(iii) develop recommendations regarding voluntary and incentive-based strategies for the long-term protection of the source water of community water systems.
(B) Funding
Each State may—
(i) use funds set aside pursuant to
(ii) provide assistance in response to a petition submitted under this subsection using funds referred to in subsection (b)(2)(B).
(2) Objectives
The objectives of a petition submitted under this subsection shall be to—
(A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of community water systems, governments, and other persons in source water areas; and
(B) obtain assistance from the State in identifying resources which are available to implement the recommendations of the partnerships to address the origins of drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) that affect the drinking water supply of a community.
(3) Contaminants addressed by a petition
A petition submitted to a State under this subsection may address only those contaminants—
(A) that are pathogenic organisms for which a national primary drinking water regulation has been established or is required under
(B) for which a national primary drinking water regulation has been promulgated or proposed and that are detected by adequate monitoring methods in the source water at the intake structure or in any collection, treatment, storage, or distribution facilities by the community water systems at levels—
(i) above the maximum contaminant level; or
(ii) that are not reliably and consistently below the maximum contaminant level.
(4) Contents
A petition submitted under this subsection shall, at a minimum—
(A) include a delineation of the source water area in the State that is the subject of the petition;
(B) identify, to the maximum extent practicable, the origins of the drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) in the source water area delineated under
(C) identify any deficiencies in information that will impair the development of recommendations by the voluntary local partnership to address drinking water contaminants that may be addressed by a petition;
(D) specify the efforts made to establish the voluntary local partnership and obtain the participation of—
(i) the municipal or local government or other political subdivision of the State (including a county that is designated by the State to act on behalf of an unincorporated area within that county) with jurisdiction over the source water area delineated under
(ii) each person in the source water area delineated under
(I) who is likely to be affected by recommendations of the voluntary local partnership; and
(II) whose participation is essential to the success of the partnership;
(E) outline how the voluntary local partnership has or will, during development and implementation of recommendations of the voluntary local partnership, identify, recognize and take into account any voluntary or other activities already being undertaken by persons in the source water area delineated under
(F) specify the technical, financial, or other assistance that the voluntary local partnership requests of the State to develop the partnership or to implement recommendations of the partnership.
(5) Savings provision
Unless otherwise provided within the agreement, an agreement between an unincorporated area and a county for the county to submit a petition under paragraph (1)(A) on behalf of the unincorporated area shall not authorize the county to act on behalf of the unincorporated area in any matter not within a program under this section.
(b) Approval or disapproval of petitions
(1) In general
After providing notice and an opportunity for public comment on a petition submitted under subsection (a), the State shall approve or disapprove the petition, in whole or in part, not later than 120 days after the date of submission of the petition.
(2) Approval
The State may approve a petition if the petition meets the requirements established under subsection (a). The notice of approval shall, at a minimum, include for informational purposes—
(A) an identification of technical, financial, or other assistance that the State will provide to assist in addressing the drinking water contaminants that may be addressed by a petition based on—
(i) the relative priority of the public health concern identified in the petition with respect to the other water quality needs identified by the State;
(ii) any necessary coordination that the State will perform of the program established under this section with programs implemented or planned by other States under this section; and
(iii) funds available (including funds available from a State revolving loan fund established under title VI of the Federal Water Pollution Control Act (
(B) a description of technical or financial assistance pursuant to Federal and State programs that is available to assist in implementing recommendations of the partnership in the petition, including—
(i) any program established under the Federal Water Pollution Control Act (
(ii) the program established under
(iii) the agricultural water quality protection program established under
(iv) the sole source aquifer protection program established under
(v) the community wellhead protection program established under
(vi) any pesticide or ground water management plan;
(vii) any voluntary agricultural resource management plan or voluntary whole farm or whole ranch management plan developed and implemented under a process established by the Secretary of Agriculture; and
(viii) any abandoned well closure program; and
(C) a description of activities that will be undertaken to coordinate Federal and State programs to respond to the petition.
(3) Disapproval
If the State disapproves a petition submitted under subsection (a), the State shall notify the entity submitting the petition in writing of the reasons for disapproval. A petition may be resubmitted at any time if—
(A) new information becomes available;
(B) conditions affecting the source water that is the subject of the petition change; or
(C) modifications are made in the type of assistance being requested.
(c) Grants to support State programs
(1) In general
The Administrator may make a grant to each State that establishes a program under this section that is approved under paragraph (2). The amount of each grant shall not exceed 50 percent of the cost of administering the program for the year in which the grant is available.
(2) Approval
In order to receive grant assistance under this subsection, a State shall submit to the Administrator for approval a plan for a source water quality protection partnership program that is consistent with the guidance published under subsection (d). The Administrator shall approve the plan if the plan is consistent with the guidance published under subsection (d).
(d) Guidance
(1) In general
Not later than 1 year after August 6, 1996, the Administrator, in consultation with the States, shall publish guidance to assist—
(A) States in the development of a source water quality protection partnership program; and
(B) municipal or local governments or political subdivisions of a State and community water systems in the development of source water quality protection partnerships and in the assessment of source water quality.
(2) Contents of the guidance
The guidance shall, at a minimum—
(A) recommend procedures for the approval or disapproval by a State of a petition submitted under subsection (a);
(B) recommend procedures for the submission of petitions developed under subsection (a);
(C) recommend criteria for the assessment of source water areas within a State; and
(D) describe technical or financial assistance pursuant to Federal and State programs that is available to address the contamination of sources of drinking water and to develop and respond to petitions submitted under subsection (a).
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2020 through 2026. Each State with a plan for a program approved under subsection (b) shall receive an equitable portion of the funds available for any fiscal year.
(f) Statutory construction
Nothing in this section—
(1)(A) creates or conveys new authority to a State, political subdivision of a State, or community water system for any new regulatory measure; or
(B) limits any authority of a State, political subdivision, or community water system; or
(2) precludes a community water system, municipal or local government, or political subdivision of a government from locally developing and carrying out a voluntary, incentive-based, source water quality protection partnership to address the origins of drinking water contaminants of public health concern.
(July 1, 1944, ch. 373, title XIV, §1454, as added
Editorial Notes
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (b)(2)(A)(iii), (B)(i), is act June 30, 1948, ch. 758, as amended generally by
The Food Security Act of 1985, referred to in subsec. (b)(2)(B)(iii), is
Amendments
2021—Subsec. (a)(1)(A).
Subsec. (a)(4)(D)(i).
Subsec. (a)(5).
Subsec. (e).
2018—Subsec. (e).
1 See References in Text note below.
§300j–15. Water conservation plan
(a) Guidelines
Not later than 2 years after August 6, 1996, the Administrator shall publish in the Federal Register guidelines for water conservation plans for public water systems serving fewer than 3,300 persons, public water systems serving between 3,300 and 10,000 persons, and public water systems serving more than 10,000 persons, taking into consideration such factors as water availability and climate.
(b) Loans or grants
Within 1 year after publication of the guidelines under subsection (a), a State exercising primary enforcement responsibility for public water systems may require a public water system, as a condition of receiving a loan or grant from a State loan fund under
(July 1, 1944, ch. 373, title XIV, §1455, as added
§300j–16. Assistance to colonias
(a) Definitions
As used in this section:
(1) Border State
The term "border State" means Arizona, California, New Mexico, and Texas.
(2) Eligible community
The term "eligible community" means a low-income community with economic hardship that—
(A) is commonly referred to as a colonia;
(B) is located along the United States-Mexico border (generally in an unincorporated area); and
(C) lacks a safe drinking water supply or adequate facilities for the provision of safe drinking water for human consumption.
(b) Grants to alleviate health risks
The Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a border State to provide assistance to eligible communities to facilitate compliance with national primary drinking water regulations or otherwise significantly further the health protection objectives of this subchapter.
(c) Use of funds
Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more eligible communities with respect to which the residents are subject to a significant health risk (as determined by the Administrator or the head of the Federal agency making the grant) attributable to the lack of access to an adequate and affordable drinking water supply system.
(d) Cost sharing
The amount of a grant awarded pursuant to this section shall not exceed 50 percent of the costs of carrying out the project that is the subject of the grant.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 1997 through 1999.
(July 1, 1944, ch. 373, title XIV, §1456, as added
§300j–17. Estrogenic substances screening program
In addition to the substances referred to in
(July 1, 1944, ch. 373, title XIV, §1457, as added
§300j–18. Drinking water studies
(a) Subpopulations at greater risk
(1) In general
The Administrator shall conduct a continuing program of studies to identify groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. The study shall examine whether and to what degree infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that can be identified and characterized are likely to experience elevated health risks, including risks of cancer, from contaminants in drinking water.
(2) Report
Not later than 4 years after August 6, 1996, and periodically thereafter as new and significant information becomes available, the Administrator shall report to the Congress on the results of the studies.
(b) Biological mechanisms
The Administrator shall conduct biomedical studies to—
(1) understand the mechanisms by which chemical contaminants are absorbed, distributed, metabolized, and eliminated from the human body, so as to develop more accurate physiologically based models of the phenomena;
(2) understand the effects of contaminants and the mechanisms by which the contaminants cause adverse effects (especially noncancer and infectious effects) and the variations in the effects among humans, especially subpopulations at greater risk of adverse effects, and between test animals and humans; and
(3) develop new approaches to the study of complex mixtures, such as mixtures found in drinking water, especially to determine the prospects for synergistic or antagonistic interactions that may affect the shape of the dose-response relationship of the individual chemicals and microbes, and to examine noncancer endpoints and infectious diseases, and susceptible individuals and subpopulations.
(c) Studies on harmful substances in drinking water
(1) Development of studies
The Administrator shall, not later than 180 days after August 6, 1996, and after consultation with the Secretary of Health and Human Services, the Secretary of Agriculture, and, as appropriate, the heads of other Federal agencies, conduct the studies described in paragraph (2) to support the development and implementation of the most current version of each of the following:
(A) Enhanced Surface Water Treatment Rule (59 Fed. Reg. 38832 (July 29, 1994)).
(B) Disinfectant and Disinfection Byproducts Rule (59 Fed. Reg. 38668 (July 29, 1994)).
(C) Ground Water Disinfection Rule (availability of draft summary announced at (57 Fed. Reg. 33960; July 31, 1992)).
(2) Contents of studies
The studies required by paragraph (1) shall include, at a minimum, each of the following:
(A) Toxicological studies and, if warranted, epidemiological studies to determine what levels of exposure from disinfectants and disinfection byproducts, if any, may be associated with developmental and birth defects and other potential toxic end points.
(B) Toxicological studies and, if warranted, epidemiological studies to quantify the carcinogenic potential from exposure to disinfection byproducts resulting from different disinfectants.
(C) The development of dose-response curves for pathogens, including cryptosporidium and the Norwalk virus.
(3) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $12,500,000 for each of fiscal years 1997 through 2003.
(d) Waterborne disease occurrence study
(1) System
The Director of the Centers for Disease Control and Prevention, and the Administrator shall jointly—
(A) within 2 years after August 6, 1996, conduct pilot waterborne disease occurrence studies for at least 5 major United States communities or public water systems; and
(B) within 5 years after August 6, 1996, prepare a report on the findings of the pilot studies, and a national estimate of waterborne disease occurrence.
(2) Training and education
The Director and Administrator shall jointly establish a national health care provider training and public education campaign to inform both the professional health care provider community and the general public about waterborne disease and the symptoms that may be caused by infectious agents, including microbial contaminants. In developing such a campaign, they shall seek comment from interested groups and individuals, including scientists, physicians, State and local governments, environmental groups, public water systems, and vulnerable populations.
(3) Funding
There are authorized to be appropriated for each of the fiscal years 1997 through 2001, $3,000,000 to carry out this subsection. To the extent funds under this subsection are not fully appropriated, the Administrator may use not more than $2,000,000 of the funds from amounts reserved under
(July 1, 1944, ch. 373, title XIV, §1458, as added
Statutory Notes and Related Subsidiaries
Public Health Assessment of Exposure to Perchlorate
"(a)
"(1) assess the incidence of thyroid disease and measurable effects of thyroid function in relation to exposure to perchlorate;
"(2) ensure that the study is of sufficient scope and scale to permit the making of meaningful conclusions of the measurable public health threat associated with exposure to perchlorate, especially the threat to sensitive subpopulations; and
"(3) examine thyroid function, including measurements of urinary iodine and thyroid hormone levels, in a sufficient number of pregnant women, neonates, and infants exposed to perchlorate in drinking water and match measurements of perchlorate levels in the drinking water of each study participant in order to permit the development of meaningful conclusions on the public health threat to individuals exposed to perchlorate.
"(b)
"(1) available data on human exposure to perchlorate, including clinical data and data on exposure of sensitive subpopulations, and the levels at which health effects were observed; and
"(2) available data on other substances that have endocrine effects similar to perchlorate to which the public is frequently exposed.
"(c)
"(2) The Secretary shall provide for the performance of the review under subsection (b) through the Centers for Disease Control and Prevention, the National Institutes of Health, or another appropriate Federal research entity with experience in human endocrinology selected by the Secretary. The Secretary shall ensure that the panel conducting the review is composed of individuals with expertise in human endocrinology.
"(d)
§300j–18a. Annual study on boil water advisories
(a) In general
Not later than 1 year after November 15, 2021, and annually thereafter, the Administrator shall conduct a study on the prevalence of boil water advisories issued in the United States.
(b) Report
(1) In general
The Administrator shall submit to Congress a report describing the results of the most recent study conducted under subsection (a) as part of the annual budget request transmitted to Congress under
(2) Requirement
In the annual report required under paragraph (1), the Administrator shall include a description of the reasons for which boil water advisories were issued during the year covered by the report.
(
Editorial Notes
Codification
Section enacted as part of the Drinking Water and Wastewater Infrastructure Act of 2021 and also as part of the Infrastructure Investment and Jobs Act, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of Administrator
§300j–19. Algal toxin risk assessment and management
(a) Strategic plan
(1) Development
Not later than 90 days after August 7, 2015, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to—
(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with algal toxins;
(B) establish, publish, and update a comprehensive list of algal toxins which the Administrator determines may have an adverse effect on human health when present in drinking water provided by public water systems, taking into account likely exposure levels;
(C) summarize—
(i) the known adverse human health effects of algal toxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and
(ii) factors that cause toxin-producing cyanobacteria and algae to proliferate and express toxins;
(D) with respect to algal toxins included on the list published under subparagraph (B), determine whether to—
(i) publish health advisories pursuant to
(ii) establish guidance regarding feasible analytical methods to quantify the presence of algal toxins; and
(iii) establish guidance regarding the frequency of monitoring necessary to determine if such algal toxins are present in drinking water provided by public water systems;
(E) recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate any adverse public health effects of algal toxins included on the list published under subparagraph (B); and
(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with algal toxins included on the list published under subparagraph (B).
(2) Updates
The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1).
(b) Information coordination
In carrying out this section the Administrator shall—
(1) identify gaps in the Agency's understanding of algal toxins, including—
(A) the human health effects of algal toxins included on the list published under subsection (a)(1)(B); and
(B) methods and means of testing and monitoring for the presence of harmful algal toxins in source water of, or drinking water provided by, public water systems;
(2) as appropriate, consult with—
(A) other Federal agencies that—
(i) examine or analyze cyanobacteria or algal toxins; or
(ii) address public health concerns related to harmful algal blooms;
(B) States;
(C) operators of public water systems;
(D) multinational agencies;
(E) foreign governments;
(F) research and academic institutions; and
(G) companies that provide relevant drinking water treatment options; and
(3) assemble and publish information from each Federal agency that has—
(A) examined or analyzed cyanobacteria or algal toxins; or
(B) addressed public health concerns related to harmful algal blooms.
(c) Use of science
The Administrator shall carry out this section in accordance with the requirements described in
(d) Feasible
For purposes of this section, the term "feasible" has the meaning given such term in
(July 1, 1944, ch. 373, title XIV, §1459, as added
§300j–19a. Assistance for small and disadvantaged communities
(a) Definition of underserved community
In this section:
(1) In general
The term "underserved community" means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
(2) Inclusions
The term "underserved community" includes a political subdivision of a State that either, as determined by the Administrator—
(A) does not have household drinking water or wastewater services; or
(B) is served by a public water system that violates, or exceeds, as applicable, a requirement of a national primary drinking water regulation issued under
(i) a maximum contaminant level;
(ii) a treatment technique; and
(iii) an action level.
(b) Establishment
(1) In general
The Administrator shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in meeting the requirements of this subchapter.
(2) Inclusions
Projects and activities under paragraph (1) include—
(A) investments necessary for the public water system to comply with the requirements of this subchapter;
(B) assistance that directly and primarily benefits the disadvantaged community on a per-household basis;
(C) programs to provide household water quality testing, including testing for unregulated contaminants;
(D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern;
(E) investments necessary for providing accurate and current information about—
(i) the need for filtration and filter safety, including proper use and maintenance practices; and
(ii) the options for replacing lead service lines (as defined in
(F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist—
(i) an eligible entity; or
(ii) the State of an eligible entity, on behalf of that eligible entity.
(c) Eligible entities
Except for purposes of subsections (j) and (m), an eligible entity under this section—
(1) is—
(A) a public water system;
(B) a water system that is located in an area governed by an Indian Tribe; or
(C) a State, on behalf of an underserved community; and
(2) serves a community—
(A) that, under affordability criteria established by the State under
(i) to be a disadvantaged community; or
(ii) to be a community that may become a disadvantaged community as a result of carrying out a project or activity under subsection (b); or
(B) with a population of less than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance a project or activity under subsection (b).
(d) Priority
In prioritizing projects and activities for implementation under this section, the Administrator shall give priority to projects and activities that benefit underserved communities.
(e) Local participation
In prioritizing projects and activities for implementation under this section, the Administrator shall consult with and consider the priorities of States, Indian Tribes, and local governments in which communities described in subsection (c)(2) are located.
(f) Technical, managerial, and financial capability
The Administrator may provide assistance to increase the technical, managerial, and financial capability of an eligible entity receiving a grant under this section if the Administrator determines that the eligible entity lacks appropriate technical, managerial, or financial capability and is not receiving such assistance under another Federal program.
(g) Cost sharing
Before providing a grant to an eligible entity under this section, the Administrator shall enter into a binding agreement with the eligible entity to require the eligible entity—
(1) except as provided in subsection (l)(5) and subject to subsection (h), to pay not less than 10 percent of the total costs of the project or activity, which may include services, materials, supplies, or other in-kind contributions;
(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project or activity; and
(3) to pay 100 percent of any operation and maintenance costs associated with the project or activity.
(h) Waiver
The Administrator may waive, in whole or in part, the requirement under subsection (g)(1) if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(i) Limitation on use of funds
Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
(j) State response to contaminants
(1) In general
The Administrator may, subject to the terms and conditions of this section, issue a grant to a requesting State, on behalf of a community described in subsection (c)(2), so the State may assist in, or otherwise carry out, necessary and appropriate activities related to a contaminant—
(A) that is determined by the State to—
(i) be present in, or likely to enter into, a public water system serving, or an underground source of drinking water for, that community; and
(ii) potentially present an imminent and substantial endangerment to the health of persons; and
(B) with respect to which the State determines appropriate authorities have not acted sufficiently to protect the health of such persons.
(2) Recovery of funds
If, subsequent to the Administrator's award of a grant to a State under this subsection, any person or entity (including an eligible entity), is found by the Administrator or a court of competent jurisdiction to have caused or contributed to contamination that was detected as a result of testing conducted, or treated, with funds provided under this subsection, and such contamination violated a law administered by the Administrator, such person or entity shall, upon issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies—
(A) notify the Administrator in writing not later than 30 days after such issuance of a final judgment or settlement and the exhaustion of all appellate and administrative remedies; and
(B) promptly pay the Administrator an amount equal to the amount of such funds.
(k) Authorization of appropriations
There are authorized to be appropriated to carry out subsections (a) through (j)—
(1) $70,000,000 for fiscal year 2022;
(2) $80,000,000 for fiscal year 2023;
(3) $100,000,000 for fiscal year 2024;
(4) $120,000,000 for fiscal year 2025; and
(5) $140,000,000 for fiscal year 2026.
(l) Drinking water infrastructure resilience and sustainability
(1) Resilience and natural hazard
The terms "resilience" and "natural hazard" have the meaning given such terms in
(2) In general
The Administrator shall establish and carry out a program, to be known as the Drinking Water System Infrastructure Resilience and Sustainability Program, under which the Administrator, subject to the availability of appropriations for such purpose, shall award grants in each of fiscal years 2022 through 2026 to eligible entities for the purpose of increasing resilience to natural hazards.
(3) Use of funds
An eligible entity may only use grant funds received under this subsection to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards through—
(A) the conservation of water or the enhancement of water use efficiency;
(B) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards, including risks to drinking water from flooding;
(C) the design or construction of desalination facilities to serve existing communities;
(D) the enhancement of water supply through the use of watershed management and source water protection;
(E) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; or
(F) the development and implementation of measures to increase the resilience of the eligible entity to natural hazards.
(4) Application
To seek a grant under this subsection, the eligible entity shall submit to the Administrator an application that—
(A) includes a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity;
(B) identifies the natural hazard risk to be addressed by the proposed program or project;
(C) provides documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk to the area where the proposed program or project is to be located;
(D) includes a description of any recent natural hazard events that have affected the applicable water system;
(E) includes a description of how the proposed program or project would improve the performance of the system under the anticipated natural hazards; and
(F) explains how the proposed program or project is expected to enhance the resilience of the system to the anticipated natural hazards.
(5) Federal share for small, rural, and disadvantaged communities
(A) In general
Subject to subparagraph (B), with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or project shall be 90 percent.
(B) Waiver
The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(6) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2026.
(m) Connection to public water systems
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means—
(i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or
(ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system.
(B) Eligible individual
The term "eligible individual" has the meaning given the term in
(C) Program
The term "program" means the competitive grant program established under paragraph (2).
(2) Establishment
Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.
(3) Application
An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(4) Voluntary connection
Before providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that—
(A) the eligible individual is voluntarily seeking connection to the public water system;
(B) if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect, the public water system to which the eligible individual seeks to connect has agreed to the connection; and
(C) the connection of the household of the eligible individual to the public water system meets all applicable local and State regulations, requirements, and codes.
(5) Report
Not later than 3 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
(6) Authorization of appropriations
There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026.
(n) State competitive grants for underserved communities
(1) In general
In addition to amounts authorized to be appropriated under subsection (k), there is authorized to be appropriated to carry out subsections (a) through (j) $50,000,000 for each of fiscal years 2022 through 2026 in accordance with paragraph (2).
(2) Competitive grants
(A) In general
Notwithstanding any other provision of this section, the Administrator shall distribute amounts made available under paragraph (1) to States through a competitive grant program.
(B) Applications
To seek a grant under the competitive grant program under subparagraph (A), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(C) Criteria
In selecting recipients of grants under the competitive grant program under subparagraph (A), the Administrator shall establish criteria that give priority to States with a high proportion of underserved communities that meet the condition described in subsection (a)(2)(A).
(3) Report
Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the competitive grant program under paragraph (2)(A), which shall include a description of the use and deployment of amounts made available under the competitive grant program.
(4) Savings provision
Nothing in this paragraph affects the distribution of amounts made available under subsection (k), including any methods used by the Administrator for distribution of amounts made available under that subsection as in effect on the day before November 15, 2021.
(July 1, 1944, ch. 373, title XIV, §1459A, as added
Editorial Notes
Amendments
2021—Subsec. (b)(2)(D) to (F).
Subsec. (c).
Subsec. (g)(1).
Subsec. (j)(1).
Subsec. (j)(1)(A)(i).
Subsec. (k).
Subsec. (l)(2).
Subsec. (l)(5).
Subsec. (l)(6).
Subsec. (m).
Subsec. (n).
2018—Subsec. (j).
Subsec. (k).
Subsec. (l).
Statutory Notes and Related Subsidiaries
Rural and Urban Low-Income Community Water Assistance; Needs Assessment; Pilot Program
"SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME COMMUNITY WATER ASSISTANCE.
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) includes an individual who is—
"(i) the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider, a medium water service provider, or a rural water service provider; or
"(ii) separately billed by a landlord that holds an account with a large water service provider, a medium water service provider, or a rural water service provider for the cost of drinking water or wastewater service provided to that household by the respective large water service provider, medium water service provider, or rural water service provider; and
"(B) is determined—
"(i) by a large water service provider, a medium water service provider, or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program;
"(ii) by the Governor of the State in which the household is located to be low-income, based on the affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act (
"(iii) by the Administrator [of the Environmental Protection Agency] to experience drinking water and wastewater service costs that exceed the metrics of affordability established in the most recent guidance of the Administrator entitled 'Financial Capability Assessment Guidance'; or
"(iv) in the case of a household serviced by a rural water service provider, by the State in which the household is located to have an annual income that does not exceed the greater of—
"(I) an amount equal to 150 percent of the poverty level of that State; and
"(II) an amount equal to 60 percent of the State median income for that State.
"(6)
"(7)
"(b)
"(1)
"(A) are serviced by rural water service providers, medium water service providers, or large water service providers that service a disproportionate percentage, as determined by the Administrator, of qualifying households with need; or
"(B) as determined by the Administrator, have taken on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service provider, a medium water service provider, or a rural water service provider.
"(2)
"(A) a definition of the term 'affordable access to water services';
"(B) a description of the criteria used in defining 'affordable access to water services' under subparagraph (A);
"(C) a definition of the term 'lack of affordable access to water services';
"(D) a description of the methodology and criteria used in defining 'lack of affordable access to water services' under subparagraph (C);
"(E) a determination of the prevalence of a lack of affordable access to water services, as defined under subparagraph (C);
"(F) the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph (E);
"(G) any additional information with respect to the affordable access to water services, as defined under subparagraph (A), provided by rural water service providers, medium water service providers, and large water service providers;
"(H) with respect to the development of the report, a consultation with all relevant stakeholders, including rural advocacy associations;
"(I) recommendations of the Administrator regarding the best methods to reduce the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); and
"(J) a description of the cost of each method described in subparagraph (I).
"(3)
"SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
"(a)
"(1)
"(A) a municipality, Tribal government, or other entity that—
"(i) owns or operates a community water system, treatment works, or municipal separate storm sewer system; or
"(ii) as determined by the Administrator [of the Environmental Protection Agency], has taken on an unsustainable level of debt due to customer nonpayment for the services provided by a community water system, treatment works, or municipal separate storm sewer system; and
"(B) a State exercising primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(A) shall not be used to replace funds for any existing similar program; but
"(B) may be used to supplement or enhance an existing program, including a program that receives assistance from other Federal grants.
"(4)
"(5)
"(A) direct financial assistance;
"(B) a lifeline rate;
"(C) bill discounting;
"(D) special hardship provisions;
"(E) a percentage-of-income payment plan; or
"(F) debt relief for the eligible entity or the community water system owned by the eligible entity for debt that is due to customer nonpayment for the services provided by the eligible entity or the community water system that is determined by the Administrator to be in the interest of public health.
"(6)
"(A) not more than 8 shall be to eligible entities that own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (
"(B) not more than 8 shall be to eligible entities that own or operate a medium water service provider;
"(C) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves not more than 500,000 people;
"(D) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves more than 500,000 people; and
"(E) not more than 8 shall be to eligible entities that own or operate a community water system, treatment works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (
"(7)
"(A) serve a disproportionate percentage, as determined by the Administrator, of qualifying households with need, as identified in the water services needs assessment;
"(B) are subject to State or Federal enforcement actions relating to compliance with the Federal Water Pollution Control Act (
"(C) maintain or participate in an existing community assistance program with objectives similar to the objectives of the pilot program, as determined by the Administrator.
"(8)
"(A)
"(i) key features of the assistance provided by the eligible entity;
"(ii) sources of funding used to supplement Federal funds; and
"(iii) eligibility criteria.
"(B)
"(c)
"(d)
§300j–19b. Reducing lead in drinking water
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means—
(A) a community water system;
(B) a water system located in an area governed by an Indian Tribe;
(C) a nontransient noncommunity water system;
(D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and
(E) a municipality or State, interstate, or intermunicipal agency.
(2) Lead reduction project
(A) In general
The term "lead reduction project" means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by—
(i) replacement of lead service lines;
(ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and
(iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under
(B) Limitation
The term "lead reduction project" does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.
(3) Low-income
The term "low-income", with respect to assistance under this section, has such meaning as may be given the term by the Governor of the State in which the eligible entity is located, based upon the affordability criteria established by the State under
(4) Lead service line
The term "lead service line" means a pipe and its fittings, which are not lead free (as defined in
(5) Nontransient noncommunity water system
The term "nontransient noncommunity water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.
(b) Grant program
(1) Establishment
The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.
(2) Precondition
As a condition of receipt of assistance under this section, an eligible entity shall take steps to identify—
(A) the source of lead in the public water system that is subject to human consumption; and
(B) the means by which the proposed lead reduction project would meaningfully reduce the concentration of lead in water provided for human consumption by the applicable public water system.
(3) Priority application
In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—
(A) the Administrator determines, based on affordability criteria established by the State under
(B) proposes to—
(i) carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator under
(ii) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable human subpopulation described in
(4) Cost sharing
(A) In general
Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.
(B) Waiver
The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.
(5) Low-income assistance
(A) In general
Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under
(B) Limitation
The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the standard cost of replacement of the privately owned portion of the lead service lines.
(6) Special consideration for lead service line replacement
In carrying out lead service line replacement using a grant under this subsection, an eligible entity—
(A) shall notify customers of the replacement of the lead service line;
(B) may, in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement for that homeowner's property;
(C) shall, in the case of a low-income homeowner, and may, for other homeowners, offer to replace the privately owned portion of the lead service line at no cost to the homeowner;
(D) shall notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line;
(E) shall demonstrate that the eligible entity has considered feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and
(F) shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects.
(c) Limitation on use of funds
Not more than 4 percent of funds made available for grants under this section may be used to pay the administrative costs of the Administrator.
(d) Lead inventorying utilization grant pilot program
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying.
(B) Pilot program
The term "pilot program" means the pilot program established under paragraph (2).
(2) Establishment
The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities.
(3) Selection
(A) Application
To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(B) Prioritization
In selecting recipients under the pilot program, the Administrator shall give priority to—
(i) an eligible entity that meets the affordability criteria of the applicable State established under
(ii) an eligible entity that is located in an area other than a State that has established affordability criteria under
(4) Report
Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—
(A) the recipients of grants under the pilot program;
(B) the existing lead inventorying that was available to recipients of grants under the pilot program; and
(C) how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity.
(5) Authorization of appropriations
There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section (except for subsection (d)) $100,000,000 for each of fiscal years 2022 through 2026.
(f) Savings clause
Nothing in this section affects whether a public water system is responsible for the replacement of a lead service line that is—
(1) subject to the control of the public water system; and
(2) located on private property.
(July 1, 1944, ch. 373, title XIV, §1459B, as added
Editorial Notes
Amendments
2021—Subsec. (a)(1)(D).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(iii).
Subsec. (a)(3).
Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
Subsec. (b)(6)(A).
Subsec. (b)(6)(C).
"(i) the cost of replacement; and
"(ii) the amount of assistance available to the low-income homeowner under paragraph (5);".
Subsec. (b)(6)(E).
Subsec. (b)(6)(F).
Subsec. (d).
Subsecs. (e), (f).
§300j–19c. Study on intractable water systems
(a) Definition of intractable water system
In this section, the term "intractable water system" means a community water system or a noncommunity water system—
(1) that serves fewer than 1,000 individuals;
(2) the owner or operator of which—
(A) is unable or unwilling to provide safe and adequate service to those individuals;
(B) has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable;
(C) has defaulted on a financial obligation relating to the community water system or noncommunity water system, as applicable; or
(D) fails to maintain the facilities of the community water system or noncommunity water system, as applicable, in a manner so as to prevent a potential public health hazard; and
(3) that is, as of October 23, 2018—
(A) in significant noncompliance with this chapter or any regulation promulgated pursuant to this chapter; or
(B) listed as having a history of significant noncompliance with this subchapter pursuant to
(b) Study required
(1) In general
Not later than 2 years after October 23, 2018, the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, shall complete a study that—
(A) identifies intractable water systems; and
(B) describes barriers to delivery of potable water to individuals served by an intractable water system.
(2) Report to Congress
Not later than 2 years after October 23, 2018, the Administrator shall submit to Congress a report describing findings and recommendations based on the study under this subsection.
(July 1, 1944, ch. 373, title XIV, §1459C, as added
§300j–19d. Review of technologies
(a) Review
The Administrator, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall review (or enter into contracts or cooperative agreements to provide for a review of) existing and potential methods, means, equipment, and technologies (including review of cost, availability, and efficacy of such methods, means, equipment, and technologies) that—
(1) ensure the physical integrity of community water systems;
(2) prevent, detect, and respond to any contaminant for which a national primary drinking water regulation has been promulgated in community water systems and source water for community water systems;
(3) allow for use of alternate drinking water supplies from nontraditional sources; and
(4) facilitate source water assessment and protection.
(b) Inclusions
The review under subsection (a) shall include review of methods, means, equipment, and technologies—
(1) that are used for corrosion protection, metering, leak detection, or protection against water loss;
(2) that are intelligent systems, including hardware, software, or other technology, used to assist in protection and detection described in paragraph (1);
(3) that are point-of-use devices or point-of-entry devices;
(4) that are physical or electronic systems that monitor, or assist in monitoring, contaminants in drinking water in real-time; and
(5) that allow for the use of nontraditional sources for drinking water, including physical separation and chemical and biological transformation technologies.
(c) Availability
The Administrator shall make the results of the review under subsection (a) available to the public.
(d) Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section $10,000,000 for fiscal year 2019, which shall remain available until expended.
(July 1, 1944, ch. 373, title XIV, §1459D, as added
§300j–19e. Water infrastructure and workforce investment
(a) Definition of public works department or agency
In this section, the term "public works department or agency" means a political subdivision of a local, county, or regional government that designs, builds, operates, and maintains water infrastructure, sewage and refuse disposal systems, and other public water systems and facilities.
(b) Sense of Congress
It is the sense of Congress that—
(1) water and wastewater utilities provide a unique opportunity for access to stable, high-quality careers;
(2) as water and wastewater utilities make critical investments in infrastructure, water and wastewater utilities can invest in the development of local workers and local small businesses to strengthen communities and ensure a strong pipeline of skilled and diverse workers for today and tomorrow; and
(3) to further the goal of ensuring a strong pipeline of skilled and diverse workers in the water and wastewater utilities sector, Congress urges—
(A) increased collaboration among Federal, State, Tribal, and local governments; and
(B) institutions of higher education, apprentice programs, high schools, and other community-based organizations and public works departments or agencies to align water and wastewater utility workforce recruitment efforts, training programs, retention efforts, and community resources with water and wastewater utilities—
(i) to accelerate career pipelines;
(ii) to ensure the sustainability of the water and wastewater utility workforce; and
(iii) to provide access to workforce opportunities.
(c) Innovative water infrastructure workforce development program
(1) Grants authorized
The Administrator of the Environmental Protection Agency (referred to in this section as the "Administrator"), in consultation with the Secretary of Agriculture, shall establish a competitive grant program to assist the development and utilization of innovative activities relating to workforce development and career opportunities in the water utility sector, which may include—
(A) expanding the use and availability of activities and resources that relate to the recruitment, including the promotion of diversity within that recruitment, of individuals to careers in the water and wastewater utility sector;
(B) expanding the availability of training opportunities for—
(i) individuals entering into the water and wastewater utility sector; and
(ii) individuals seeking to advance careers within the water and wastewater utility sector; and
(C) expanding the use and availability of activities and strategies, including the development of innovative activities and strategies, that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector.
(2) Selection of grant recipients
In awarding grants under paragraph (1), the Administrator shall, to the extent practicable, select nonprofit professional or service organizations, labor organizations, community colleges, institutions of higher education, or other training and educational institutions, or public works departments and agencies—
(A) that have qualifications and experience—
(i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity within recruitment, for the water and wastewater utility workforce;
(ii) in the development of training programs and curricula relevant to workforce needs of water utilities; or
(iii) developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector; and
(B) that will address the human resources and workforce needs of water utilities that—
(i) are geographically diverse;
(ii) are of varying sizes; and
(iii) serve urban, suburban, and rural populations.
(3) Use of funds
Grants awarded under paragraph (1) may be used for activities such as—
(A) targeted internship, apprenticeship, pre-apprenticeship, and post-secondary bridge programs for skilled water utility trades that provide—
(i) on-the-job training;
(ii) skills development;
(iii) test preparation for skilled trade apprenticeships;
(iv) advance training in the water utility sector relating to construction, utility operations, treatment and distribution, green infrastructure, customer service, maintenance, and engineering; or
(v) other support services to facilitate post-secondary success;
(B) education programs designed for elementary, secondary, and higher education students that—
(i) inform people about the role of water and wastewater utilities in their communities;
(ii) increase the awareness of career opportunities and exposure of students to water utility careers through various work-based learning opportunities inside and outside the classroom; and
(iii) connect students to career pathways related to water utilities;
(C) regional industry and workforce development collaborations to address water utility employment needs and coordinate candidate development, particularly in areas of high unemployment or for water utilities with a high proportion of retirement eligible employees;
(D) integrated learning laboratories in secondary educational institutions that provide students with—
(i) hands-on, contextualized learning opportunities;
(ii) dual enrollment credit for post-secondary education and training or certification programs; and
(iii) direct connection to industry employers; and
(E) leadership development, occupational training, mentoring, or cross-training programs that are designed to retain incumbent water and wastewater utility workforce workers by ensuring that those workers are prepared for higher level supervisory or management-level positions.
(4) Working group; report
(A) In general
The Administrator shall establish and coordinate a Federal interagency working group to address recruitment, training, and retention challenges in the water and wastewater utility workforce, which shall include representatives from—
(i) the Department of Education;
(ii) the Department of Labor;
(iii) the Department of Agriculture;
(iv) the Department of Veterans Affairs; and
(v) other Federal agencies, as determined to be appropriate by the Administrator.
(B) Report
Not later than 2 years after November 15, 2021, the Administrator, in coordination with the working group established under subparagraph (A), shall submit to Congress a report describing potential solutions to recruitment, training, and retention challenges in the water and wastewater utility workforce.
(C) Consultation
In carrying out the duties of the working group established under subparagraph (A), the working group shall consult with State operator certification programs.
(5) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026.
(
Editorial Notes
Codification
Section enacted as part of the America's Water Infrastructure Act of 2018, and not as part of the Public Health Service Act which comprises this chapter.
Amendments
2021—Subsec. (a).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(2)(A).
"(ii) working in cooperation with water utilities; or
"(iii) developing public education materials appropriate for communicating with groups of different ages and educational backgrounds; and".
Subsec. (b)(3)(D)(ii).
Subsec. (b)(3)(E).
Subsec. (b)(4), (5).
Subsec. (c).
§300j–19f. Operational sustainability of small public water systems
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means—
(A) a State;
(B) a unit of local government;
(C) a public corporation established by a unit of local government to provide water service;
(D) a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system;
(E) an Indian Tribe that owns or operates a public water system;
(F) a nonprofit organization that provides technical assistance to public water systems; and
(G) a Tribal consortium.
(2) Operational sustainability
The term "operational sustainability" means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks, breaks, and other metering or infrastructure failures.
(3) Program
The term "program" means the grant program established under subsection (b).
(4) Small system
The term "small system", for the purposes of this section, means a public water system that—
(A) serves fewer than 10,000 people; and
(B) is owned or operated by—
(i) a unit of local government;
(ii) a public corporation;
(iii) a nonprofit corporation;
(iv) a public trust;
(v) a cooperative association; or
(vi) an Indian Tribe.
(b) Establishment
Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.
(c) Applications
To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
(1) a proposal of the project to be carried out using grant funds under the program;
(2) documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project;
(3) a description of how the proposed project will improve the operational sustainability of 1 or more small systems;
(4) a description of how the improvements described in paragraph (3) will be maintained beyond the life of the proposed project, including a plan to maintain and update any asset data collected as a result of the proposed project; and
(5) any additional information the Administrator may require.
(d) Additional required information
Before the award of funds for a grant under the program to a grant recipient, the grant recipient shall submit to the Administrator—
(1) if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under
(2) if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under
(e) Use of funds
An eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through—
(1) the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure;
(2) the development of an infrastructure asset map, including a map that uses technology such as—
(A) geographic information system software; and
(B) global positioning system software;
(3) the deployment of leak detection technology;
(4) the deployment of metering technology;
(5) training in asset management strategies, techniques, and technologies for appropriate staff employed by—
(A) the eligible entity; or
(B) the small systems for which the grant was received;
(6) the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective use of water resources through water reuse; and
(7) the development or deployment of other strategies, techniques, or technologies that the Administrator may determine to be appropriate under the program.
(f) Cost share
(1) In general
Subject to paragraph (2), the Federal share of the cost of a project carried out using a grant under the program shall be 90 percent of the total cost of the project.
(2) Waiver
The Administrator may increase the Federal share under paragraph (1) to 100 percent.
(g) Report
Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
(h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.
(July 1, 1944, ch. 373, title XIV, §1459E, as added
§300j–19g. Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means a public water system that serves a community with a population of 10,000 or more.
(2) Natural hazard; resilience
The terms "resilience" and "natural hazard" have the meanings given those terms in
(3) Resilience and sustainability program
The term "resilience and sustainability program" means the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program established under subsection (b).
(b) Establishment
The Administrator shall establish and carry out a program, to be known as the "Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program", under which the Administrator, subject to the availability of appropriations for the resilience and sustainability program, shall award grants to eligible entities for the purpose of—
(1) increasing resilience to natural hazards and extreme weather events; and
(2) reducing cybersecurity vulnerabilities.
(c) Use of funds
An eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces cybersecurity vulnerabilities, through—
(1) the conservation of water or the enhancement of water-use efficiency;
(2) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards or extreme weather events, including risks to drinking water from flooding;
(3) the design or construction of new or modified desalination facilities to serve existing communities;
(4) the enhancement of water supply through the use of watershed management and source water protection;
(5) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water;
(6) the development and implementation of measures—
(A) to increase the resilience of the eligible entity to natural hazards and extreme weather events; or
(B) to reduce cybersecurity vulnerabilities;
(7) the conservation of water or the enhancement of a water supply through the implementation of water reuse measures; or
(8) the formation of regional water partnerships to collaboratively address documented water shortages.
(d) Application
To seek a grant under the resilience and sustainability program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—
(1) a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity;
(2) an identification of the natural hazard risks, extreme weather events, or potential cybersecurity vulnerabilities, as applicable, to be addressed by the proposed program or project;
(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity vulnerability, or risk for extreme weather events to the area where the proposed program or project is to be located;
(4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the community water system of the eligible entity;
(5) a description of how the proposed program or project would improve the performance of the community water system of the eligible entity under the anticipated natural hazards, cybersecurity vulnerabilities, or extreme weather events; and
(6) an explanation of how the proposed program or project is expected—
(A) to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards or extreme weather events; or
(B) to reduce cybersecurity vulnerabilities.
(e) Report
Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a report that describes the implementation of the resilience and sustainability program, which shall include a description of the use and deployment of amounts made available to carry out the resilience and sustainability program.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out the resilience and sustainability program $50,000,000 for each of fiscal years 2022 through 2026.
(2) Use of funds
Of the amounts made available under paragraph (1) for grants to eligible entities under the resilience and sustainability program—
(A) 50 percent shall be used to provide grants to eligible entities that serve a population of—
(i) equal to or greater than 10,000; and
(ii) fewer than 100,000; and
(B) 50 percent shall be used to provide grants to eligible entities that serve a population equal to or greater than 100,000.
(3) Administrative costs
Of the amounts made available under paragraph (1), not more than 2 percent may be used by the Administrator for the administrative costs of carrying out the resilience and sustainability program.
(July 1, 1944, ch. 373, title XIV, §1459F, as added
§300j–19h. Advanced drinking water technologies
(a) Study
(1) In general
Subject to the availability of appropriations, not later than 1 year after November 15, 2021, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of drinking water provided by a public water system.
(2) Report
The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under paragraph (1).
(b) Advanced drinking water technology grant program
(1) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means the owner or operator of a public water system that—
(i) serves—
(I) a population of not more than 100,000 people; or
(II) a community described in
(ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1); and
(iii) has expressed an interest in the opportunities in the operation of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1).
(B) Program
The term "program" means the competitive grant program established under paragraph (2).
(2) Establishment
The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii).
(3) Requirements
(A) Applications
To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(B) Federal share
(i) In general
Subject to clause (ii), the Federal share of the cost of a project carried out using a grant under the program shall not exceed 90 percent of the total cost of the project.
(ii) Waiver
The Administrator may increase the Federal share under clause (i) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
(4) Report
Not later than 2 years after the date on which the Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit to Congress a report describing—
(A) each recipient of a grant under the program during the previous 1-year period; and
(B) a summary of the activities carried out using grants awarded under the program.
(5) Funding
(A) Authorization of appropriations
There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
(B) Administrative costs
Not more than 2 percent of the amount made available for a fiscal year under subparagraph (A) to carry out the program may be used by the Administrator for the administrative costs of carrying out the program.
(July 1, 1944, ch. 373, title XIV, §1459G, as added