
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-7]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 300g-7. Monitoring of contaminants


(a) Interim monitoring relief authority

                           (1) In general

        A State exercising primary enforcement responsibility for public 
    water systems may modify the monitoring requirements for any 
    regulated or unregulated contaminants for which monitoring is 
    required other than microbial contaminants (or indicators thereof), 
    disinfectants and disinfection byproducts or corrosion byproducts 
    for an interim period to provide that any public water system 
    serving 10,000 persons or fewer shall not be required to conduct 
    additional quarterly monitoring during an interim relief period for 
    such contaminants if--
            (A) monitoring, conducted at the beginning of the period for 
        the contaminant concerned and certified to the State by the 
        public water system, fails to detect the presence of the 
        contaminant in the ground or surface water supplying the public 
        water system; and
            (B) the State, considering the hydrogeology of the area and 
        other relevant factors, determines in writing that the 
        contaminant is unlikely to be detected by further monitoring 
        during such period.

                (2) Termination; timing of monitoring

        The interim relief period referred to in paragraph (1) shall 
    terminate when permanent monitoring relief is adopted and approved 
    for such State, or at the end of 36 months after August 6, 1996, 
    whichever comes first. In order to serve as a basis for interim 
    relief, the monitoring conducted at the beginning of the period must 
    occur at the time determined by the State to be the time of the 
    public water system's greatest vulnerability to the contaminant 
    concerned in the relevant ground or surface water, taking into 
    account in the case of pesticides the time of application of the 
    pesticide for the source water area and the travel time for the 
    pesticide to reach such waters and taking into account, in the case 
    of other contaminants, seasonality of precipitation and contaminant 
    travel time.

(b) Permanent monitoring relief authority

                           (1) In general

        Each State exercising primary enforcement responsibility for 
    public water systems under this subchapter and having an approved 
    source water assessment program may adopt, in accordance with 
    guidance published by the Administrator, tailored alternative 
    monitoring requirements for public water systems in such State (as 
    an alternative to the monitoring requirements for chemical 
    contaminants set forth in the applicable national primary drinking 
    water regulations) where the State concludes that (based on data 
    available at the time of adoption concerning susceptibility, use, 
    occurrence, or wellhead protection, or from the State's drinking 
    water source water assessment program) such alternative monitoring 
    would provide assurance that it complies with the Administrator's 
    guidelines. The State program must be adequate to assure compliance 
    with, and enforcement of, applicable national primary drinking water 
    regulations. Alternative monitoring shall not apply to regulated 
    microbiological contaminants (or indicators thereof), disinfectants 
    and disinfection byproducts, or corrosion byproducts. The preceding 
    sentence is not intended to limit other authority of the 
    Administrator under other provisions of this subchapter to grant 
    monitoring flexibility.

                           (2) Guidelines

        (A) In general

            The Administrator shall issue, after notice and comment and 
        at the same time as guidelines are issued for source water 
        assessment under section 300j-13 of this title, guidelines for 
        States to follow in proposing alternative monitoring 
        requirements under paragraph (1) for chemical contaminants. The 
        Administrator shall publish such guidelines in the Federal 
        Register. The guidelines shall assure that the public health 
        will be protected from drinking water contamination. The 
        guidelines shall require that a State alternative monitoring 
        program apply on a contaminant-by-contaminant basis and that, to 
        be eligible for such alternative monitoring program, a public 
        water system must show the State that the contaminant is not 
        present in the drinking water supply or, if present, it is 
        reliably and consistently below the maximum contaminant level.

        (B) Definition

            For purposes of subparagraph (A), the phrase ``reliably and 
        consistently below the maximum contaminant level'' means that, 
        although contaminants have been detected in a water supply, the 
        State has sufficient knowledge of the contamination source and 
        extent of contamination to predict that the maximum contaminant 
        level will not be exceeded. In determining that a contaminant is 
        reliably and consistently below the maximum contaminant level, 
        States shall consider the quality and completeness of data, the 
        length of time covered and the volatility or stability of 
        monitoring results during that time, and the proximity of such 
        results to the maximum contaminant level. Wide variations in the 
        analytical results, or analytical results close to the maximum 
        contaminant level, shall not be considered to be reliably and 
        consistently below the maximum contaminant level.

               (3) Effect of detection of contaminants

        The guidelines issued by the Administrator under paragraph (2) 
    shall require that if, after the monitoring program is in effect and 
    operating, a contaminant covered by the alternative monitoring 
    program is detected at levels at or above the maximum contaminant 
    level or is no longer reliably or consistently below the maximum 
    contaminant level, the public water system must either--
            (A) demonstrate that the contamination source has been 
        removed or that other action has been taken to eliminate the 
        contamination problem; or
            (B) test for the detected contaminant pursuant to the 
        applicable national primary drinking water regulation.

    (4) States not exercising primary enforcement responsibility

        The Governor of any State not exercising primary enforcement 
    responsibility under section 300g-2 of this title on August 6, 1996, 
    may submit to the Administrator a request that the Administrator 
    modify the monitoring requirements established by the Administrator 
    and applicable to public water systems in that State. After 
    consultation with the Governor, the Administrator shall modify the 
    requirements for public water systems in that State if the request 
    of the Governor is in accordance with each of the requirements of 
    this subsection that apply to alternative monitoring requirements 
    established by States that have primary enforcement responsibility. 
    A decision by the Administrator to approve a request under this 
    clause shall be for a period of 3 years and may subsequently be 
    extended for periods of 5 years.

(c) Treatment as NPDWR

    All monitoring relief granted by a State to a public water system 
for a regulated contaminant under subsection (a) or (b) of this section 
shall be treated as part of the national primary drinking water 
regulation for that contaminant.

(d) Other monitoring relief

    Nothing in this section shall be construed to affect the authority 
of the States under applicable national primary drinking water 
regulations to alter monitoring requirements through waivers or other 
existing authorities. The Administrator shall periodically review and, 
as appropriate, revise such authorities.

(July 1, 1944, ch. 373, title XIV, Sec. 1418, as added Pub. L. 104-182, 
title I, Sec. 125(b), Aug. 6, 1996, 110 Stat. 1654.)

                  Section Referred to in Other Sections

    This section is referred to in sections 300h-7, 300j-13 of this 
title.
