Safe Drinking Water Act
Encyclopedia
The Safe Drinking Water Act (SDWA) is the principle federal law in the United States
intended to ensure safe drinking water
for the public. Pursuant to the act, the Environmental Protection Agency
(EPA) is required to set standards for drinking water quality
and oversee all states
, localities, and water suppliers who implement these standards.
SDWA applies to every public water system
in the United States. There are currently more than 150,000 public water systems providing water to almost all Americans at some time in their lives. The Act does not cover private wells.
The SDWA does not apply to bottled water
. Bottled water is regulated by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act
.
The regulations include both mandatory levels (Maximum Contaminant Level
s, or MCLs) and nonenforceable health goals (Maximum Contaminant Level Goals, or MCLGs) for each included contaminant. MCLs have additional significance because they can be used under the Superfund
law as "Applicable or Relevant and Appropriate Requirements" in cleanups of contaminated sites on the National Priorities List
.
Future NPDWR standards will apply to non-transient non-community water systems because of concern for the long-term exposure of a stable population. It is important to note that EPA's decision to apply future NPDWRs to non-transient non-community water systems may have a significant impact on Department of Energy
facilities that operate their own drinking water systems.
in public water systems, and defines "lead free" pipes as: solder
s and flux
containing not more than 0.2 percent lead; pipes
and pipe fittings containing not more than 8.0 percent lead; and plumbing
fittings and fixtures as defined in industry-developed voluntary standards (issued no later than August 6, 1997), or standards developed by EPA in lieu of voluntary standards.
EPA issued an initial lead and copper
regulation in 1991.
and found that 15 percent of tested aircraft water systems tested positive for total coliform bacteria
. EPA published a final regulation for aircraft public water systems in 2009. The regulation requires air carriers
operating in the U.S. to conduct coliform sampling, management practices, corrective action, public notification, operator training, and reporting and recordkeeping. An airline with a non-complying aircraft must restrict public access to the on-board water system for a specified period.
s in order to protect underground sources of drinking water. Congress amended the SDWA in 2005 to exclude hydraulic fracturing
, an industrial process for recovering oil
and natural gas
, from coverage under the UIC program.
protection provision. Employees in the US who believe they were fired or suffered another adverse action related to enforcement of this law have 30 days to file a written complaint with the Occupational Safety and Health Administration
.
Many states had drinking water regulations prior to adoption of the federal SDWA.
to take action.
volatile organic compound
s and applied to non-transient non-community water systems as well as community water systems. This rulemaking also clarified that non-transient non-community water systems were not subject to MCLs that were promulgated before July 8, 1987. The 1986 amendments were signed into law by President Ronald Reagan
on June 19, 1986.
In addition to requiring more contaminants to be regulated, the 1986 amendments included:
on August 6, 1996.
on June 9, 2009. The bill would have repealed the exemption for hydraulic fracturing
in the SDWA and regulated the oil and natural gas recovery process under the UIC program. It would have required the energy industry to disclose the chemicals it mixes with the water and sand it pumps underground in the process (also known as "fracking"), information that has largely been protected as trade secrets. Controversy surrounds the practice of hydraulic fracturing as a threat to drinking water supplies. The natural gas industry opposed the legislation. The House bill was introduced by representatives Diana DeGette
(D-CO), Maurice Hinchey
(D-NY), and Jared Polis
(D-CO). The Senate version was introduced by senators Bob Casey
(D-PA), and Chuck Schumer (D-NY). A similar bill has not been introduced in the 112th Congress
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
intended to ensure safe drinking water
Drinking water
Drinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...
for the public. Pursuant to the act, the Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) is required to set standards for drinking water quality
Water quality
Water quality is the physical, chemical and biological characteristics of water. It is a measure of the condition of water relative to the requirements of one or more biotic species and or to any human need or purpose. It is most frequently used by reference to a set of standards against which...
and oversee all states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, localities, and water suppliers who implement these standards.
SDWA applies to every public water system
Public water system
The US Safe Drinking Water Act and derivative legislation define public water system as an entity that provides "water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year."The...
in the United States. There are currently more than 150,000 public water systems providing water to almost all Americans at some time in their lives. The Act does not cover private wells.
The SDWA does not apply to bottled water
Bottled water
Bottled water is drinking water packaged in plastic or glass water bottles. Bottled water may be carbonated or not...
. Bottled water is regulated by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act
Federal Food, Drug, and Cosmetic Act
The United States Federal Food, Drug, and Cosmetic Act , is a set of laws passed by Congress in 1938 giving authority to the U.S. Food and Drug Administration to oversee the safety of food, drugs, and cosmetics. A principal author of this law was Royal S. Copeland, a three-term U.S. Senator from...
.
National Primary Drinking Water Regulations
The SDWA requires EPA to establish National Primary Drinking Water Regulations (NPDWRs) for contaminants that may cause adverse public health effects.The regulations include both mandatory levels (Maximum Contaminant Level
Maximum Contaminant Level
Maximum Contaminant Levels are standards that are set by the United States Environmental Protection Agency for drinking water quality. An MCL is the legal threshold limit on the amount of a substance that is allowed in public water systems under the Safe Drinking Water Act...
s, or MCLs) and nonenforceable health goals (Maximum Contaminant Level Goals, or MCLGs) for each included contaminant. MCLs have additional significance because they can be used under the Superfund
Superfund
Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , a United States federal law designed to clean up sites contaminated with hazardous substances...
law as "Applicable or Relevant and Appropriate Requirements" in cleanups of contaminated sites on the National Priorities List
National Priorities List
The National Priorities List is the list of hazardous waste sites in the United States eligible for long-term remedial action financed under the federal Superfund program. Environmental Protection Agency regulations outline a formal process for assessing hazardous waste sites and placing them on...
.
Future NPDWR standards will apply to non-transient non-community water systems because of concern for the long-term exposure of a stable population. It is important to note that EPA's decision to apply future NPDWRs to non-transient non-community water systems may have a significant impact on Department of Energy
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
facilities that operate their own drinking water systems.
"Lead Free" plumbing requirements
The 1986 amendments require EPA to set standards limiting the concentration of leadLead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
in public water systems, and defines "lead free" pipes as: solder
Solder
Solder is a fusible metal alloy used to join together metal workpieces and having a melting point below that of the workpiece.Soft solder is what is most often thought of when solder or soldering are mentioned and it typically has a melting range of . It is commonly used in electronics and...
s and flux
Flux (metallurgy)
In metallurgy, a flux , is a chemical cleaning agent, flowing agent, or purifying agent. Fluxes may have more than one function at a time...
containing not more than 0.2 percent lead; pipes
Pipe (material)
A pipe is a tubular section or hollow cylinder, usually but not necessarily of circular cross-section, used mainly to convey substances which can flow — liquids and gases , slurries, powders, masses of small solids...
and pipe fittings containing not more than 8.0 percent lead; and plumbing
Plumbing
Plumbing is the system of pipes and drains installed in a building for the distribution of potable drinking water and the removal of waterborne wastes, and the skilled trade of working with pipes, tubing and plumbing fixtures in such systems. A plumber is someone who installs or repairs piping...
fittings and fixtures as defined in industry-developed voluntary standards (issued no later than August 6, 1997), or standards developed by EPA in lieu of voluntary standards.
EPA issued an initial lead and copper
Lead and copper rule
The "Lead and Copper Rule", or LCR, is a United States federal regulation which limits the concentration of lead and copper allowed in public drinking water at the consumer's tap, as well limiting the permissible amount of pipe corrosion occurring due to the water itself. The U.S...
regulation in 1991.
Airline water supplies
In 2004, EPA tested drinking water quality on commercial aircraftCommercial aviation
Commercial aviation is the part of civil aviation that involves operating aircraft for hire to transport passengers or cargo...
and found that 15 percent of tested aircraft water systems tested positive for total coliform bacteria
Coliform bacteria
Coliform bacteria are a commonly used bacterial indicator of sanitary quality of foods and water. They are defined as rod-shaped Gram-negative non-spore forming bacteria which can ferment lactose with the production of acid and gas when incubated at 35-37°C...
. EPA published a final regulation for aircraft public water systems in 2009. The regulation requires air carriers
Airline
An airline provides air transport services for traveling passengers and freight. Airlines lease or own their aircraft with which to supply these services and may form partnerships or alliances with other airlines for mutual benefit...
operating in the U.S. to conduct coliform sampling, management practices, corrective action, public notification, operator training, and reporting and recordkeeping. An airline with a non-complying aircraft must restrict public access to the on-board water system for a specified period.
Unregulated contaminants
The SDWA requires EPA to identify and list unregulated contaminants which may require regulation. The Agency must periodically publish this list, called the "Contaminant Candidate List," and decide whether to regulate at least five or more listed contaminants. EPA uses this list to prioritize research and data collection efforts, which support the regulatory determination process.Underground Injection Control (UIC) Program
The 1974 act authorized EPA to regulate injection wellInjection well
An injection well is a vertical pipe in the ground into which water, other liquids, or gases are pumped or allowed to flow.-Waste disposal: One application is waste water disposal, in which treated waste water is injected into the ground between impermeable layers of rocks to avoid polluting fresh...
s in order to protect underground sources of drinking water. Congress amended the SDWA in 2005 to exclude hydraulic fracturing
Hydraulic fracturing
Considerable controversy surrounds the current implementation of hydraulic fracturing technology in the United States. Hydraulic fracturing, or fracking, is the process of utilizing pressurized water, or some other liquid, to fracture rock layers and release petroleum, natural gas, or other...
, an industrial process for recovering oil
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
and natural gas
Natural gas
Natural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
, from coverage under the UIC program.
Whistleblower protection
The SDWA includes a whistleblowerWhistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
protection provision. Employees in the US who believe they were fired or suffered another adverse action related to enforcement of this law have 30 days to file a written complaint with the Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
.
Prelude
Prior to the SDWA there were few national enforceable requirements for drinking water. Improvements in testing were allowing the detection of smaller concentrations of contaminant and allowing more tests to be run.Many states had drinking water regulations prior to adoption of the federal SDWA.
1974 Act
The Safe Drinking Water Act was one of several pieces of environmental legislation in the 1970s. Discovery of organic contamination in public drinking water and the lack of enforceable, national standards persuaded CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to take action.
1986 amendments
The 1986 SDWA amendments required EPA to apply future NPDWRs to both community and non-transient non-community water systems when it evaluated and revised current regulations. The first case in which this was applied was the "Phase I" final rule, published on July 8, 1987. At that time NPDWRs were promulgated for certain syntheticChemical synthesis
In chemistry, chemical synthesis is purposeful execution of chemical reactions to get a product, or several products. This happens by physical and chemical manipulations usually involving one or more reactions...
volatile organic compound
Volatile organic compound
Volatile organic compounds are organic chemicals that have a high vapor pressure at ordinary, room-temperature conditions. Their high vapor pressure results from a low boiling point, which causes large numbers of molecules to evaporate or sublimate from the liquid or solid form of the compound and...
s and applied to non-transient non-community water systems as well as community water systems. This rulemaking also clarified that non-transient non-community water systems were not subject to MCLs that were promulgated before July 8, 1987. The 1986 amendments were signed into law by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on June 19, 1986.
In addition to requiring more contaminants to be regulated, the 1986 amendments included:
- Well head protection
- New monitoring for certain substances
- Filtration for certain surface water systems
- Disinfection for certain groundwater systems
- Restriction on lead in solder and plumbing
- More enforcement powers.
1996 SDWA amendments
In 1996, Congress amended the Safe Drinking Water Act to emphasize sound science and risk-based standard setting, small water supply system flexibility and technical assistance, community-empowered source water assessment and protection, public right-to-know, and water system infrastructure assistance through a multi-billion-dollar state revolving loan fund. The amendments were signed into law by President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on August 6, 1996.
Main points of the 1996 amendments
- Consumer Confidence Reports: All community water systems must prepare and distribute annual reports about the water they provide, including information on detected contaminants, possible health effects, and the water's source.
- Cost-Benefit AnalysisCost-benefit analysisCost–benefit analysis , sometimes called benefit–cost analysis , is a systematic process for calculating and comparing benefits and costs of a project for two purposes: to determine if it is a sound investment , to see how it compares with alternate projects...
: EPA must conduct a thorough cost-benefit analysis for every new standard to determine whether the benefits of a drinking water standard justify the costs. - Drinking Water State Revolving Fund. States can use this fund to help water systems make infrastructure or management improvements or to help systems assess and protect their source water.
- Microbial Contaminants and DisinfectionDisinfectionDisinfectants are substances that are applied to non-living objects to destroy microorganisms that are living on the objects. Disinfection does not necessarily kill all microorganisms, especially nonresistant bacterial spores; it is less effective than sterilisation, which is an extreme physical...
Byproducts: EPA is required to strengthen protection for microbial contaminants, including cryptosporidiumCryptosporidiumCryptosporidium is a protozoan that can cause gastro-intestinal illness with diarrhea in humans.Cryptosporidium is the organism most commonly isolated in HIV positive patients presenting with diarrhea...
, while strengthening control over the byproducts of chemical disinfection. EPA promulgated the Stage 1 Disinfectants and Disinfection Byproducts Rule and the Interim Enhanced Surface Water Treatment Rule to address these risks. - Operator Certification: Water system operators must be certified to ensure that systems are operated safely. EPA issued guidelines in 1999 specifying minimum standards for the certification and recertification of the operators of community and non-transient, noncommunity water systems. These guidelines apply to state operator certification programs. All states are currently implementing EPA-approved operator certification programs.
- Public Information and Consultation: SDWA emphasizes that consumers have a right to know what is in their drinking water, where it comes from, how it is treated, and how to help protect it. EPA distributes public information materials (through its Drinking Water Hotline, Safewater web site, and Resource Center) and holds public meetings, working with states, tribes, water systems, and environmental and civic groups, to encourage public involvement.
- Small Water Systems: Small water systems are given special consideration and resources under SDWA, to make sure they have the managerial, financial, and technical ability to comply with drinking water standards.
Proposed amendments
The Fracturing Responsibility and Awareness of Chemicals Act (H.R. 2766, S. 1215), dubbed the "FRAC Act," was introduced to both houses of the 111th Congress111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
on June 9, 2009. The bill would have repealed the exemption for hydraulic fracturing
Hydraulic fracturing
Considerable controversy surrounds the current implementation of hydraulic fracturing technology in the United States. Hydraulic fracturing, or fracking, is the process of utilizing pressurized water, or some other liquid, to fracture rock layers and release petroleum, natural gas, or other...
in the SDWA and regulated the oil and natural gas recovery process under the UIC program. It would have required the energy industry to disclose the chemicals it mixes with the water and sand it pumps underground in the process (also known as "fracking"), information that has largely been protected as trade secrets. Controversy surrounds the practice of hydraulic fracturing as a threat to drinking water supplies. The natural gas industry opposed the legislation. The House bill was introduced by representatives Diana DeGette
Diana DeGette
Diana Louise DeGette is the U.S. Representative for , serving since 1997, and a Chief Deputy Whip. She is a member of the Democratic Party.The district is based in Denver.-Early life, education and career:...
(D-CO), Maurice Hinchey
Maurice Hinchey
Maurice Dunlea Hinchey , is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party...
(D-NY), and Jared Polis
Jared Polis
Jared Schutz Polis is an American entrepreneur, philanthropist, and U.S. Representative for , serving since 2009. He is a member of the Democratic Party...
(D-CO). The Senate version was introduced by senators Bob Casey
Bob Casey, Jr.
Robert Patrick "Bob" Casey, Jr. is the senior U.S. Senator from Pennsylvania and a member of the Democratic Party. He previously served as Pennsylvania Treasurer, and Pennsylvania Auditor General. He is the son of former Governor Bob Casey, Sr..He is the first Democrat elected to a full term in...
(D-PA), and Chuck Schumer (D-NY). A similar bill has not been introduced in the 112th Congress
112th United States Congress
The One Hundred Twelfth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C. on January 3, 2011, and will end on January...
.
See also
- Clean Water ActClean Water ActThe Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
- pollution control law for surface waters - Drinking water quality in the United StatesDrinking water quality in the United StatesDrinking water quality in the United States is a source of concern about pollutants in certain localities. In 2006, 89.3 percent of the nation's community water systems were in compliance with all of more than 90 U.S. Environmental Protection Agency standards. Most of the systems out of compliance...
- Water purificationWater purificationWater purification is the process of removing undesirable chemicals, materials, and biological contaminants from contaminated water. The goal is to produce water fit for a specific purpose...
- technical description of treatment processes - Water supply and sanitation in the United StatesWater supply and sanitation in the United StatesIssues that affect water supply and sanitation in the United States include water scarcity, pollution, a backlog of investment, concerns about the affordability of water for the poorest, and a rapidly retiring workforce...
External links
- EPA - Safe Drinking Water Act - Overview of national program
- EPA - Maximum permissible levels for contaminants in drinking water
- EPA - Underground Injection Control Program
- National Tap Water Quality Database Compiled by the Environmental Working Group, a non-profit organization
- Duhigg, Charles. "That Tap Water Is Legal but May Be Unhealthy." New York Times, 2009-12-16.