42 U.S.C. § 300j–3b — Contaminant standards or treatment technique guidelines

(1) Setting the guidelines: No later than nine months after October 18, 1978, the EPA had to write guidelines setting extra standards or treatment-technique rules for microbiological, viral, radiological, organic, and inorganic contaminants. These guidelines become required conditions (as explained in paragraph (2)) of any grant for a water reclamation, recycling, or reuse demonstration project funded under section 300j–3a or section 300j–3(a)(2), whenever the project involves people directly drinking the treated wastewater. The guidelines must control each contaminant well enough that, in the EPA's judgment, no adverse health effects are reasonably expected, with an adequate safety margin. (2) Awarding grants after the guidelines exist: Once the guidelines are issued, a grant for a project involving direct human consumption of treated wastewater can only be awarded if the applicant proves the project will (A) comply with all national primary drinking water regulations, (B) comply with the guidelines, and (C) otherwise provide safe drinking water. A grant awarded before the guidelines were issued must be conditioned on the applicant agreeing to follow the guidelines as much as it reasonably can, as quickly as practical once they're issued. (3) How the guidelines can be structured: The EPA may choose to make the guidelines (A) the same nationwide for every funded project, (B) different for different classes or categories of projects, (C) set individually project by project, or (D) some mix of those approaches. (4) No delay required: Nothing in this section stops or delays the EPA from awarding a grant described in paragraph (1) before the guidelines are issued.