Safe Drinking Water Act

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The Safe Drinking Water Act (SDWA) is the principal federal law in the United States that ensures safe drinking water for the public.[1] 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 160,000 public water systems providing water to almost all Americans at some time in their lives. SDWA does not apply to bottled water. Bottled water is regulated by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.[2]

Contents

[edit] National Primary Drinking Water Regulations

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The SDWA requires EPA to establish National Primary Drinking Water Regulations (NPDWRs) for contaminants that may cause adverse public health effects.[3] The regulations include both mandatory levels (Maximum Contaminant Levels, or MCLs) and nonenforceable health goals (Maximum Contaminant Level Goals, or MCLGs) for each included contaminant. MCLGs have extra significance because they can be used under the Superfund law as "Applicable or Relevant and Appropriate Requirements" (ARARs) in cleanups of contaminated sites on the National Priorities List (NPL).

The 1986 SDWA amendments [4] 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 final rule on July 8, 1987.[5] At that time NPDWRs were promulgated for certain synthetic volatile organic compounds (VOCs) 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.

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 (DOE) facilities that operate their own drinking water systems.

[edit] "Lead Free" Plumbing Requirements

Part of the Safe Drinking Water Act stipulates that pipes must be "lead free".[6] However, the Act defines "Lead Free" as:

(d) "Lead free" defined

     For purposes of this section, the term "lead free" - 
       (1) when used with respect to solders and flux refers to
     solders and flux containing not more than 0.2 percent lead;
       (2) when used with respect to pipes and pipe fittings refers to
     pipes and pipe fittings containing not more than 8.0 percent
     lead; and
       (3) when used with respect to plumbing fittings and fixtures,
     refers to plumbing fittings and fixtures in compliance with
     standards established in accordance with subsection (e) of this
     section.[7]

[edit] Whistleblower protection

The SDWA includes a whistleblower protection.[8] 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.

[edit] 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. They were signed into law by President Bill Clinton on August 6, 1996.[9]

[edit] Main Points of the 1996 Amendments

  1. 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.
  2. Cost-Benefit Analysis: US 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.
  3. 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.
  4. Microbial Contaminants and Disinfection Byproducts: EPA is required to strengthen protection for microbial contaminants, including Cryptosporidium, while strengthening control over the byproducts of chemical disinfection. The Stage 1 Disinfectants and Disinfection Byproducts Rule and the Interim Enhanced Surface Water Treatment Rule together address these risks.
  5. Operator Certification: Water system operators must be certified to ensure that systems are operated safely. EPA issued guidelines in February 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.
  6. 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 Safe Drinking Water Hotline, Safewater web site, and Water Resource Center) and holds public meetings, working with states, tribes, water systems, and environmental and civic groups, to encourage public involvement.
  7. 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.

[edit] References

  1. ^ Pub.L. 93-523; 42 U.S.C. § 300f et seq. December 16, 1974.
  2. ^ 21 U.S.C. § 301 et seq.
  3. ^ Code of Federal Regulations, 40 CFR Part 141
  4. ^ Pub.L. 99-339.
  5. ^ Federal Register, 52 FR 25690
  6. ^ 42 U.S.C. § 300g-6(a).
  7. ^ 42 U.S.C. § 300g-6(d).
  8. ^ 42 U.S.C. 300j-9(i)
  9. ^ Pub.L. 104-182.

[edit] External links