Order Code RL31243
Report for Congress
Received through the CRS Web
Safe Drinking Water Act:
A Summary of the Act and
Its Major Requirements
Updated December 6, 2002
Mary Tiemann
Specialist in Environmental Policy
Resources, Science, and Industry
Congressional Research Service ˜ The Library of Congress

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Safe Drinking Water Act:
A Summary of the Act and Its Major Requirements
Summary
This report summarizes the Safe Drinking Water Act (SDWA) and its major
programs and regulatory requirements. It excerpts, with several additions, the
SDWA chapter of CRS Report RL30798, which provides summaries of the principal
environmental statutes administered by the Environmental Protection Agency. This
report includes the drinking water security provisions added to the SDWA by the
Public Heath Security and Bioterrorism Preparedness and Response Act of 2002
(P.L. 107-188).
The Safe Drinking Water Act, Title XIV of the Public Health Service Act, is the
key federal law for protecting public water supplies from harmful contaminants.
First enacted in 1974 and substantially amended in 1986 and 1996, the Act is
administered through programs that establish standards and treatment requirements
for public water supplies, control underground injection of wastes, finance
infrastructure projects, and protect sources of drinking water. The 1974 law
established the current federal-state arrangement in which states may be delegated
primary implementation and enforcement authority for the drinking water program.
The state-administered Public Water Supply Supervision Program remains the basic
program for regulating the nation’s public water systems, and 49 states have assumed
this authority. SDWA appropriations are authorized through FY2003.
In addition to reviewing key programs and requirements of the SDWA, this
report includes statistics on the number and types of regulated public water systems.
It also provides tables that list all major amendments, with the year of enactment and
public law number, and that cross-reference sections of the Act with the major U.S.
Code sections of the codified statute.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Regulated Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
National Drinking Water Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contaminant Selection and Regulatory Schedules . . . . . . . . . . . . . . . . 5
Standard Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Risk Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Variances and exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
State Primacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Enforcement, Consumer Information, and Citizen Suits . . . . . . . . . . . . . . . . 7
Consumer information and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Citizen suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Compliance Improvement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Ground Water Protection Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Source Water Assessment and Protection Programs . . . . . . . . . . . . . . . . . . . 9
State Revolving Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Drinking Water Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Vulnerability Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Emergency Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Tampering with Public Water Systems . . . . . . . . . . . . . . . . . . . . . . . . 11
Emergency Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Additional Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Lead-free Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Research, Technical Assistance and Training . . . . . . . . . . . . . . . . . . . 12
Demonstration Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Records, Inspections and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . 12
National Drinking Water Advisory Council . . . . . . . . . . . . . . . . . . . . 12
Federal Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Assistance to Colonias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Estrogenic Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Drinking Water Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Selected P.L. 104-182 Provisions Not Amending SDWA . . . . . . . . . . . . . . 13
Grants to Alaska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Bottled Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Wastewater Assistance to Colonias . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Additional Infrastructure Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Selected References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
List of Tables
Table 1. Safe Drinking Water Act and Amendments . . . . . . . . . . . . . . . . . . . . . . 1
Table 2. Size Categories of Community Water Systems . . . . . . . . . . . . . . . . . . . . 3
Table 3. Non-Transient Non-Community Water Systems (NTNCWS) . . . . . . . . 4
Table 4. Transient Non-Community Water Systems (TNCWS)
. . . . . . . . . . . . . 4
Table 5. U.S. Code Sections of the Safe Drinking Water Act
(Title XIV of the Public Health Service Act) . . . . . . . . . . . . . . . . . . . . . . . . 15

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Safe Drinking Water Act: A Summary of the
Act and Its Major Requirements
Introduction
The Safe Drinking Water Act (SDWA), Title XIV of the Public Health Service
Act, is the key federal law for protecting public water supplies from harmful
contaminants. First enacted in 1974 and substantially amended in 1986 and 1996,
the Act is administered through programs that establish standards and treatment
requirements for public water supplies, control underground injection of wastes,
finance infrastructure projects, and protect sources of drinking water. The 1974 law
established the current federal-state arrangement in which states may be delegated
primary implementation and enforcement authority for the drinking water program.
The state-administered Public Water Supply Supervision (PWSS) Program remains
the basic program for regulating the nation’s public water systems, and 49 states have
assumed this authority. SDWA appropriations are authorized through FY2003.
Table 1 identifies the original enactment and subsequent amendments.
Table 1. Safe Drinking Water Act and Amendments
(codified generally as 42 U.S.C. 300f-300j)
Year
Act
Public Law Number
1974
Safe Drinking Water Act of 1974
P.L. 93-523
1977
Safe Drinking Water Act Amendments of 1977
P.L. 95-190
1979
Safe Drinking Water Act Amendments
P.L. 96-63
1980
Safe Drinking Water Act Amendments
P.L. 96-502
1986
Safe Drinking Water Act Amendments of 1986
P.L. 99-339
1988
Lead Contamination Control Act of 1988
P.L. 100-572
1996
Safe Drinking Water Act Amendments of 1996
P.L. 104-182
This report summarizes the Act’s major provisions, programs, and requirements,
and is adapted from a broader document, CRS Report RL30798, Environmental
Protection Laws: Summaries of Statutes Administered by the Environmental
Protection Agency. It also provides selected statistics on the universe of regulated
public water systems, and lists references for further information on the Act and its
implementation. Table 5, located at the end of this report, cites the major U.S. Code
sections of the Act and the equivalent sections of the statute.
Background
As indicated by Table 1, the Safe Drinking Water Act has been amended
several times since enactment of the Safe Drinking Water Act of 1974 (P.L. 93-523).
Congress passed this law after nationwide studies of community water systems
revealed widespread water quality problems and health risks resulting from poor

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CRS-2
operating procedures, inadequate facilities, and uneven management of public water
supplies in communities of all sizes. The 1974 law gave EPA substantial
discretionary authority to regulate drinking water contaminants and gave states the
lead role in implementation and enforcement.
The first major amendments (P.L. 99-339), enacted in 1986, were largely
intended to increase the pace at which EPA regulated contaminants and to increase
the protection of ground water. From 1974 until 1986, EPA had regulated just one
additional contaminant beyond the 22 standards previously developed by the Public
Health Service. The 1986 amendments required EPA to: (1) issue regulations for 83
specified contaminants by June 1989 and for 25 more contaminants every 3 years
thereafter, (2) promulgate requirements for disinfection and filtration of public water
supplies, (3) ban the use of lead pipes and lead solder in new drinking water systems,
(4) establish an elective wellhead protection program around public wells, (5)
establish a demonstration grant program for state and local authorities having
designated sole-source aquifers to develop groundwater protection programs, and (6)
issue rules for monitoring injection wells that inject wastes below a drinking water
source. The amendments also increased EPA’s enforcement authority.
Congress again amended SDWA with the Lead Contamination Control Act of
1988 (P.L. 100-572). These provisions were intended to reduce exposure to lead in
drinking water by requiring the recall of lead-lined water coolers, and requiring EPA
to issue a guidance document and testing protocol for states to help schools and day
care centers identify and correct lead contamination in school drinking water.
After the regulatory schedule mandated in the 1986 amendments proved to be
unworkable for EPA, states and public water systems, the 104th Congress made
sweeping changes to the Act with the SDWA Amendments of 1996 (P.L. 104-182).
As over-arching themes, these amendments aimed to target resources to address the
greatest health risks, add some regulatory flexibility, provide funding for federal
drinking water mandates, and improve water systems’ compliance capacity. The
amendments revoked the requirement that EPA regulate 25 new contaminants every
3 years and provided a risk-based approach for selecting contaminants for regulation.
Among other changes, Congress added some flexibility to the standard setting
process, required EPA to conduct health risk reduction and cost analyses for most
new standards, authorized a state revolving loan fund (SRF) program to help public
water systems finance projects needed to meet SDWA requirements, added programs
to improve small system compliance, expanded consumer information requirements,
increased the Act’s focus on pollution prevention through a voluntary source water
protection program, and streamlined the Act’s enforcement provisions. P.L. 104-182
extended authorizations for appropriations under the Act through FY2003.
In June 2002, drinking water security provisions were added to the SDWA
through the Public Heath Security and Bioterrorism Preparedness and Response Act
of 2002 (P.L. 107-188). Title IV of the Act includes requirements for community
water systems serving more than 3,300 individuals to conduct vulnerability
assessments and prepare emergency preparedness and response plans and
requirements for EPA to conduct research on preventing and responding to terrorist
or other attacks.

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CRS-3
Regulated Public Water Systems
Federal drinking water regulations apply to the approximately168,000 privately
and publicly owned water systems that provide piped water for human consumption
to at least 15 service connections or that regularly serve at least 25 people. Roughly
54,000 of these systems are community water systems (CWSs) that serve the same
residences year-round. These 54,000 systems provide water to approximately 264
million people. All federal regulations apply to these systems. Another 20,559 public
water systems are non-transient, non-community water systems (NTNCWS), such as
schools or factories, that have their own water supply and generally serve the same
individuals for more than 6 months but not year-round. Most drinking water
regulations apply to these systems.1 More than 93,200 other public water systems are
transient non-community water systems (TNCWS), such as campgrounds and gas
stations, that provide their own water to transitory customers. Only regulations for
contaminants that pose immediate health risks apply to these systems.2

Most community water systems (85%) are relatively small, serving 3,300 people
or fewer; these systems provide water to just 10% of the total population served by
community water systems. In contrast, 7% of systems serve populations of 10,000
or more, but provide water to more than 81% of the population served. Among the
community water systems, 79% rely on ground water and 21% rely on surface water.
(See Table 2 for statistics on community water systems.)

Table 2. Size Categories of Community Water Systems
System Size
Number of
Population
Percent of
Percent of
(population served)
Community
Served
Community
Population
Water Systems
(millions)
Water Systems
Served
Very small (25-500)
31,688
5.1
59%
2%
Small (501-3,300)
14,149
19.9
26%
8%
Medium (3,301-10,000)
4,458
25.8
8%
10%
Large (10,001-100,000)
3,416
96.7
6%
37%
Very large (>100,000)
353
116.3
1%
44%
Total
54,064
263.9
100%
100%
Source: U.S. Environmental Protection Agency. EPA Safe Drinking Water Information System, Factoids.
Drinking Water and Ground Water Statistics for 2000. Available on the Internet at
[http://www.epa.gov/safewater/data/00factoids.pdf].
1U.S. Environmental Protection Agency, 25 Years of the Safe Drinking Water Act: History
and Trends, 1999, p. 3. Available at [http://www.epa.gov/safewater/sdwa 25].
2EPA’s long-standing policy is to exclude transient systems from drinking water regulations
except for those contaminants, such as nitrate, that EPA believes have the potential to cause
immediate adverse human health effects resulting from short-term exposure. (Source:
Environmental Protection Agency. National Primary Drinking Water Regulation on Lead
and Copper, minor revisions. Jan. 12, 2000 (65 FR 1950).)

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CRS-4
More than 99% (19,975) of the non-transient, non-community water systems are
small or very small and provide water to 83% of the population served by these
systems. Approximately 108,000 of the nearly 114,000 non-community water
systems (transient and non-transient systems combined) serve 500 or fewer people.
These statistics give some insight into the scope of technological, economic, and
managerial challenges small public water systems may face in meeting federal
drinking water regulations. Tables 3 and 4 provide statistics for non-transient non-
community water systems and transient non-community water systems.
Table 3. Non-Transient Non-Community Water Systems
(NTNCWS)
System Size
Number of
Population
Percent of
Percent of
(population served)
NTNCWS
Served
NTNCWS
Population
(millions)
Served
Very small (25-500)
17,598
2.4
86%
35%
Small (501-3,300)
2,839
2.8
14%
40%
Medium (3,301-10,000)
96
0.48
0%
7%
Large (10,001-100,000)
23
0.62
0%
9%
Very large (>100,000)
3
0.58
0%
8%
Total
20,559
6.92
100%
100%
Source: EPA Safe Drinking Water Information System, Factoids. Drinking Water and Ground Water Statistics
for 2000. NTNCWS regularly supplies water to at least 25 of the same people at least 6 months per
year, but not year-round (e.g., schools, factories, office buildings and hospitals which have their own
water systems. Most regulatory requirements apply to these systems.
Table 4. Transient Non-Community Water Systems (TNCWS)
System size
Number of
Population
Percent of
Percent of
(population served)
TNCWS
Served
TNCWS
Population
(millions)
Served
Very small (25-500)
90,391
7.5
97%
58%
Small (501-3,300)
2,632
2.6
3%
20%
Medium (3,301-10,000)
130
0.73
0%
6%
Large (10,001-100,000)
54
1.33
0%
10%
Very large (>100,000)
3
0.73
0%
6%
Total
93,210
12.9
100%
100%
Source: EPA Safe Drinking Water Information System, Factoids. Drinking Water and Ground Water Statistics
for 2000. Transient non-community water systems provide water in places where people do not remain
for long periods of time, such as gas stations and campgrounds. Only regulations for contaminants that
pose immediate health risks (e.g. nitrate and bacteria) apply to these systems.

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CRS-5
National Drinking Water Regulations
A key component of SDWA is the requirement that EPA promulgate national
primary drinking water regulations for contaminants that may pose health risks and
that are likely to be present in public water supplies. Section 1412 instructs EPA on
how to select contaminants for regulation and specifies how EPA must establish
regulations once a contaminant has been selected. The regulations apply to the
roughly 168,000 privately and publicly owned water systems that provide piped water
for human consumption to at least 15 service connections or that regularly serve at
least 25 people. EPA has issued regulations for more than 90 contaminants,
including regulations setting new standards for drinking water disinfectants and their
byproducts and for microbial contaminants, a regulation establishing a standard for
uranium in drinking water, and a regulation revising the standard for arsenic.
Contaminant Selection and Regulatory Schedules. Section 1412, as
amended in 1996, directs EPA to select contaminants for regulatory consideration
based on occurrence, health effects, and meaningful opportunity for health risk
reduction. Starting in 1998 and then every 5 years, EPA must publish a list of
contaminants that may warrant regulation. As of 2001, and every 5 years thereafter,
EPA must determine whether or not to regulate at least 5 of the listed contaminants.
The Act requires EPA to evaluate contaminants that present the greatest health
concern and to regulate those contaminants that occur at concentration levels and
frequencies of public health concern. The amendments also included schedules for
EPA to complete regulations for specific contaminants (i.e., radon, arsenic,
disinfectants and disinfection byproducts and Cryptosproridium).
Standard Setting. For each contaminant that EPA determines requires
regulation, EPA must set a nonenforceable maximum contaminant level goal
(MCLG) at a level at which no known or anticipated adverse health effects occur and
which allows an adequate margin of safety. EPA must then set an enforceable
standard, a maximum contaminant level (MCL), as close to the MCLG as is
“feasible” using best technology, treatment techniques, or other means available
(taking costs into consideration). EPA generally sets standards based on technologies
that are affordable for large communities; however, under P.L. 104-182, EPA is now
required, when issuing a regulation for a contaminant, to list any technologies or
other means that comply with the MCL and that are affordable for three categories
of small public water systems (serving populations of 10,000 or fewer) If EPA does
not identify “compliance” technologies that are affordable for small systems, then
EPA must identify small system “variance” technologies or other means that may not
achieve the MCL but are protective of public health.
The 1996 amendments authorized EPA to set a standard at other than the
feasible level if the feasible level would lead to an increase in health risks by
increasing the concentration of other contaminants or by interfering with the
treatment processes used to comply with other SDWA regulations. In such cases, the
standard or treatment techniques must minimize the overall health risk. Also, when
proposing a regulation, EPA now must publish a determination as to whether or not
the benefits of the standard justify the costs. If EPA determines that the benefits do
not justify the costs, EPA may, with certain exceptions, promulgate a standard that
maximizes health risk reduction benefits at a cost that is justified by the benefits.

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CRS-6
New regulations generally become effective 3 years after promulgation. Up to
2 additional years may be allowed if EPA (or a state in the case of an individual
system) determines the time is needed for capital improvements. (Section 1448
outlines procedures for judicial review of EPA actions involving the establishment
of SDWA regulations and other final EPA actions.)
Risk Assessment. The 1996 amendments also added risk assessment and
risk communication provisions to SDWA. When developing regulations, EPA is
required to: (1) use the best available, peer-reviewed science and supporting studies
and data; and (2) make publicly available a risk assessment document that discusses
estimated risks, uncertainties, and studies used in the assessment. When proposing
drinking water regulations, EPA must publish a health risk reduction and cost
analysis (HRRCA). EPA may promulgate an interim standard without first preparing
this benefit-cost analysis or making a determination as to whether the benefits of a
regulation would justify the costs if the Administrator determines that a contaminant
presents an urgent threat to public health.
Variances and Exemptions. In anticipation that some systems, particularly
smaller ones, could have difficulty complying with every regulation, Congress
included in SDWA provisions for variances and exemptions. Section 1415
authorizes a state to grant a public water system a variance from a standard if raw
water quality prevents meeting the standard despite application of best technology,
and the variance does not result in an unreasonable risk to health. A 1996 provision
(Subsection 1415(e)) authorizes variances specifically for small systems based on
application of best affordable technology. When developing a regulation, if EPA
cannot identify a technology that meets the standard and is affordable for small
systems, EPA must identify variance technologies that are affordable but do not
necessarily meet the standard. In cases where EPA has identified variance
technologies, then states may grant small system variances to systems serving 3,300
or fewer persons if the system cannot afford to comply with a standard (through
treatment, an alternative water source, or restructuring) and the variance ensures
adequate protection of public health. States also may grant variances to systems
serving between 3,301 and 10,000 persons with EPA approval. To receive a small
system variance, the system must install a variance technology. Variances are not
available for microbial contaminants. To date, EPA has not identified small system
variance technologies for any drinking water regulation.

As noted above, regulations become effective 3 years (and sometimes 5 years)
after promulgation. Section 1416 authorizes states to grant public water systems
temporary exemptions from standards or treatment techniques if a system cannot
comply for other compelling reasons (including costs) and the system was in
operation before the effective date of the regulation. An exemption is intended to
give a water system more time to comply with a regulation and can be issued only if
it will not result in an unreasonable health risk. A qualified system may receive an
exemption for up to 3 years beyond the compliance deadline. Systems serving 3,300
or fewer persons may receive a maximum of 3 additional 2-year extensions, for a
total exemption duration of 9 years.

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CRS-7
State Primacy
Section 1413 authorizes states to assume primary oversight and enforcement
responsibility (primacy) for public water systems. To assume primacy, states must
adopt regulations at least as stringent as national requirements, develop adequate
procedures for enforcement, adopt authority for administrative penalties, maintain
records, and develop a plan for providing safe drinking water under emergency
circumstances. Currently, 55 of 57 states and territories have primacy authority.
Under Section 1443, Congress authorized appropriations of $100 million annually
for EPA to make grants to states to administer the public water system supervision
(PWSS) program. This section directs EPA, in accordance with regulations, to allot
the sums among the states “on the basis of population, geographical area, number of
public water systems, and other relevant factors.” It further authorizes states to use
a portion of their SRF grant to cover the costs of administering the PWSS program.
Enforcement, Consumer Information, and Citizen Suits
The Safe Drinking Water Act requires public water systems to monitor their
water supplies to ensure compliance with drinking water standards and to report
monitoring results to the states. States review monitoring data submitted by public
water systems, and also conduct their own monitoring, to determine system
compliance with drinking water regulations. EPA monitors public water system
compliance primarily by reviewing the violation data submitted by the states.
Section 1414 requires that, whenever EPA finds that a public water system in
a state with primary enforcement authority does not comply with regulations, the
Agency must notify the state and the system and provide assistance to bring the
system into compliance. If the state fails to commence enforcement action within 30
days after the notification, EPA is authorized to issue an administrative order or
commence a civil action. In a nonprimacy state, EPA must notify an elected local
official (if any has jurisdiction over the water system) before commencing an
enforcement action against the system.
The 1996 amendments strengthened enforcement authorities, streamlined the
process for issuing federal administrative orders, increased administrative penalty
amounts, made more sections of the Act clearly subject to EPA enforcement, and
required states (as a condition of primacy) to have administrative penalty authority.
The amendments also provided that no enforcement action may be taken against a
public water system that has a plan to consolidate with another system.
Consumer Information and Reports. Enforcement provisions also require
public water systems to notify customers of violations of drinking water standards
or other requirements, such as monitoring and reporting requirements. Systems must
notify customers within 24 hours of any violations that have the potential to cause
serious health effects. Additionally, community water systems must mail to all
customers an annual “consumer confidence report” on contaminants detected in their
drinking water. States are required to prepare annual reports on the compliance of
public water systems and to make summaries available to EPA and the public; EPA
must prepare annual national compliance reports.

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Citizen Suits. Section 1449 provides for citizens’ civil actions. Citizen suits
may be brought against any person or agency allegedly in violation of provisions of
the Act, or against the EPA Administrator for alleged failure to perform any action
or duty which is not discretionary.
Compliance Improvement Programs
The 1996 amendments added two state-administered programs aimed at
improving public water system compliance with drinking water regulations: the
operator certification program and the capacity development program. Section 1419
required states to adopt programs for training and certifying operators of community
and nontransient noncommunity systems (e.g., schools and workplaces that have their
own wells). In 1999, EPA issued guidelines specifying minimum certification
standards. As of 2001, EPA is required to withhold 20% of a state’s revolving fund
(SRF) annual grant unless the state has adopted and is implementing an operator
certification program. Section 1420 required states to establish capacity development
programs, also based on EPA guidance. These programs must include: (1) legal
authority to ensure that new systems have the technical, financial, and managerial
capacity to meet SDWA requirements; and (2) a strategy to assist existing systems
that are experiencing difficulties to come into compliance. Starting in FY2001, EPA
is required to withhold a portion of SRF grants from states that do not have capacity
development strategies.
Ground Water Protection Programs
Most public water systems rely on ground water as a source of drinking water,
and Part C of the Act focuses on ground water protection.3 Section 1421 authorized
the establishment of state underground injection control (UIC) programs to protect
underground sources of drinking water. In 1977, EPA issued mandated regulations
that contained minimum requirements for state UIC programs to prevent
underground injection that endangers drinking water sources, and that required states
to prohibit any underground injection not authorized by state permit. The law
specified that the regulations could not interfere with the underground injection of
brine from oil and gas production or recovery of oil unless underground sources of
drinking water would be affected. Section 1422 authorized affected states to submit
plans to EPA for implementing UIC programs and, if approved, to assume primary
enforcement responsibility. If a state’s plan has not been approved, or the state has
chosen not to assume program responsibility, then EPA must implement the program
(Section 1423). For oil and gas injection operations only, states with UIC programs
are delegated primary enforcement authority without meeting EPA regulations,
provided states demonstrate that they have an effective program that prevents
underground injection that endangers drinking water sources.(Section 1425).
Subsection 1424(e) authorizes EPA to make determinations, on EPA’s initiative
or upon petition, that an aquifer is the sole or principal drinking water source for an
3According to EPA, of 167,833 public water systems, 153,697 rely on ground water, and
14,136 rely on surface water. Among the 54,064 community water systems, 42,661 rely on
ground water, and 11,403 rely on surface water.

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CRS-9
area. In areas that overlie a designated sole-source aquifer, no federal funding may
be committed for projects that EPA determines may contaminate such an aquifer.
Any person may petition for sole source aquifer designation, and as of September
2001, EPA had designated 72 sole source aquifers nationwide.
The Act contains three additional state programs aimed specifically at protecting
ground water. Added in 1986, Section 1427 established procedures for demonstration
programs to develop, implement, and assess critical aquifer protection areas already
designated by the Administrator as sole source aquifers. Section 1428, also added
in 1986, established an elective state program for protecting wellhead areas around
public water system wells. If a state established a wellhead protection program by
1989, and EPA approved the state’s program, then EPA may award grants covering
between 50% and 90% of the costs of implementing the program. Section 1429,
added in 1996, authorized EPA to make 50% grants to states to develop programs to
ensure coordinated and comprehensive protection of ground water within the states.
Appropriations for these programs are authorized through FY2003 as follows: $15
million per year for Section 1427, $30 million per year for Section 1428, and $15
million per year for Section 1429.
Source Water Assessment and Protection Programs
In 1996, Congress broadened the Act’s pollution prevention focus to embrace
surface water, in addition to ground water, protection. Section 1453 required EPA to
publish guidance for states to implement source water assessment programs that
delineate boundaries of areas from which systems receive their water, and identify
the origins of contaminants in delineated areas to determine systems’ susceptibility
to contamination. States with approved assessment programs may adopt alternative
monitoring requirements to provide systems with monitoring relief provided under
Section 1418.
Section 1454 authorized a source water petition program based on voluntary
partnerships between state and local governments. States may establish a program
under which a community water system or local government may submit a petition
to the state requesting assistance in developing a voluntary source water quality
protection partnership to: (1) reduce the presence of contaminants in drinking water;
(2) receive financial or technical assistance; and (3) develop a long-term source water
protection strategy. This section authorizes $5 million each year for grants to states
to support petition programs. Also, states may use up to 10% of their annual SRF
grant to support various source water protection activities including the petition
program.
State Revolving Funds
In 1996, Congress authorized a drinking water state revolving loan fund
(DWSRF) program to help systems finance improvements needed to comply with
SDWA regulations (Section 1452). EPA is authorized to make grants to states to
capitalize DWSRFs, which states then may use to make loans to public water
systems. States must match 20% of the federal grant. FY1997 grants were allotted
to states using the formula for distributing state Public Water System Supervision

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grants; subsequently, grants are being allotted based on the results of needs surveys.
Each state and the District of Columbia must receive at least 1% of the appropriated
funds. The law authorized states to transfer as much as 33% of annual DWSRF grant
to the Clean Water Act (CWA) SRF, or an equivalent amount from the CWA SRF
to the DWSRF through FY2001. (In the conference report for EPA’s FY2002
appropriations, Congress authorized states to continue transferring funds for
FY2002.)
Drinking water SRFs may be used to provide loans for expenditures that EPA
has determined will facilitate compliance or significantly further the Act’s health
protection objectives. States must make available 15% of their annual allotment for
loan assistance to systems that serve 10,000 or fewer persons, to the extent that funds
can be obligated for eligible projects. States may use up to 30% of their DWSRF
grant to provide loan subsidies (including forgiveness of principal) to help
economically disadvantaged communities. Also, states may use a portion of funds
for technical assistance, source water protection and capacity development programs,
and for operator certification.
The law authorized appropriations of $599 million for FY1994 and $1 billion
per year for FY1995 through FY2003 for DWSRF capitalization grants. EPA is
directed to reserve from annual DWSRF appropriations: 0.33% for financial
assistance to several Trusts and Territories; $10 million for health effects research on
drinking water contaminants; $2 million for the costs of monitoring for unregulated
contaminants; and up to 2% for technical assistance. EPA may use 1.5% of funds
each year for making grants to Indian Tribes and Alaska Native villages.4
Drinking Water Security
In June 2002, President Bush signed into law H.R. 3448, the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188, H.
Rept. 107-481). Title IV of the Bioterrorism Act adds amends SDWA to address
threats to drinking water security. Key provisions are summarized below.5
Vulnerability Assessments. New Section 1433 requires each community
water system serving more than 3,300 individuals to conduct an assessment of the
system’s vulnerability to terrorist attacks or other intentional acts to disrupt the
provision of a safe and reliable drinking water supply. This provision establishes
deadlines, based on system size, for community water systems to certify to EPA that
they have conducted a vulnerability assessment and to submit to EPA a copy of the
assessment. The law exempts the contents of the vulnerability assessments from
disclosure under the Freedom of Information Act (except for information contained
in the certification identifying the system and the date of the certification), and
provides for civil and criminal penalties for inappropriate disclosure of information
by government officials.
4For more information, see CRS Report 97-677, Safe Drinking Water Act: State Revolving
Fund Program.
5For more information on drinking water security issues, see CRS Report RL31294,
Safeguarding the Nation’s Drinking Water: EPA and Congressional Actions.

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Additionally, Section 1433 requires each community water system serving more
than 3,300 individuals to prepare or revise an emergency response plan incorporating
the results of the vulnerability assessment. EPA is required to provide guidance to
smaller systems on how to conduct vulnerability assessments, prepare emergency
response plans, and address threats.

The Act authorizes $160 million for FY2002, and such sums as may be
necessary for FY2003 through FY2005, to provide financial assistance to community
water systems to conduct vulnerability assessments, to prepare response plans, and
for expenses and contracts to address basic security enhancements and significant
threats.
The Bioterrorism Act also added new SDWA Sections 1434 and 1435 directing
the EPA Administrator to review methods by which terrorists or others could disrupt
the provision of safe water supplies. EPA must review methods for preventing,
detecting, and responding to such disruptions, and methods for providing alternative
drinking water supplies if a water system was destroyed or impaired. The Act
authorizes $15 million for FY2002, and such sums as may be necessary for FY2003
through FY2005 to carry out Sections 1434 and 1435.
Emergency Powers. Under Section 1431, the Administrator has emergency
powers to issue orders and commence civil action if: (1) a contaminant likely to enter
a public drinking water supply system poses a substantial threat to public health, and
(2) state or local officials have not taken adequate action. The Bioterrorism Act
amended this section to specify that EPA’s emergency powers include the authority
to act when there is a threatened or potential terrorist attack or other intentional act
to disrupt the provision of safe drinking water or to impact the safety of a
community’s drinking water supply.
Tampering with Public Water Systems. Section 1432 provides for civil
and criminal penalties against any person who tampers, attempt to tamper, or makes
a threat to tamper with a public water system. Amendments made by the Bioterrorism
Act increase criminal and civil penalties for tampering, attempting to tamper, or
making threats to tamper with public water supplies. The maximum prison sentence
for tampering is increased from 5 to 20 years. The maximum prison sentence for
attempting to tamper, or making threats to tamper, is increased from 3 to 10 years.
The maximum fine that may be imposed for tampering is increased from $50,000 to
$1 million. The maximum fine for attempting to tamper, or threatening to tamper,
is increased from $20,000 to $100,000.
Emergency Assistance. SDWA Subsection 1442(b) authorizes EPA to
provide technical assistance and to make grants to states and public water systems to
assist in responding to and alleviating emergency situations. The Bioterrorism Act
amended Subsection 1442(d) to authorize appropriations for such emergency
assistance of not more than $35 million for FY2002, and such sums as may be
necessary for each fiscal year thereafter.

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Additional Provisions
Lead-free Plumbing. Section 1417 prohibits the use of any pipe, solder, or
flux used in the installation or repair of public water systems or plumbing in
residential or nonresidential facilities providing drinking water that is not “lead free”
(as defined in the Act). This section also makes it unlawful to sell pipes, plumbing
fittings or fixtures that are not lead free, or to sell solder or flux that is not lead free
(unless it is properly labeled), with the exception of pipes used in manufacturing or
industrial processing. The 1996 Amendments also set limits on the amount of lead
that may leach from new plumbing fixtures by allowing one year for a voluntary
standard to be established before requiring EPA to take regulatory action. A
voluntary standard was established.
Research, Technical Assistance and Training. Section 1442 authorizes
EPA to conduct research, studies, and demonstrations related to the causes,
treatment, control, and prevention of diseases resulting from contaminants in water.
The Agency is directed to provide technical assistance to the states and municipalities
in administering their public water system regulatory responsibilities. This section
authorizes $15 million annually for technical assistance to small systems and Indian
Tribes, and $25 million for health effects research. (Title II of P.L. 104-182, the 1996
amendments, authorizes additional appropriations for drinking water research, not
to exceed $26.6 million annually for FY1997 through FY2003.)
Demonstration Grants. The Administrator may make grants to develop and
demonstrate new technologies for providing safe drinking water and to investigate
health implications involved in the reclamation/reuse of waste waters (Section 1444).
Records, Inspections and Monitoring. Section 1445 states that suppliers
of water regulated under the Act are required to establish and maintain records,
monitor, and provide any information that the Administrator requires to carry out the
requirements of the Act. The Administrator may also enter and inspect the property
of water suppliers to enable him/her to carry out the purposes of the Act. Failure to
comply with these provisions may result in civil penalties.
This section also requires EPA to promulgate regulations establishing the
criteria for a monitoring program for unregulated contaminants. Beginning in 1999
and every 5 years thereafter, EPA must issue a list of not more than 30 unregulated
contaminants to be monitored by public water systems. States are permitted to
develop representative monitoring plan to assess the occurrence of unregulated
contaminants in small systems, and the section authorizes $10 million to be
appropriated for each of FY1999 through FY2003 to provide grants to cover the costs
of monitoring for small systems. All monitoring results are to be included in a
national drinking water occurrence data base created under the 1996 amendments.
National Drinking Water Advisory Council. The Act established a
National Drinking Water Advisory Council, composed of 15 members (with at least
two representing rural systems), to advise, consult, and make recommendations to the
Administrator on activities and policies derived from the Act (Section 1446).
Federal Agencies. Any federal agency having jurisdiction over federally
owned and maintained public water systems must comply with all federal, state and

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local drinking water requirements as well as any underground injection control
programs. The Act provides for waivers in the interest of national security (Section
1447).
Assistance to Colonias.6 Added in 1996, Section 1456 authorized EPA and
other appropriate federal agencies to award grants to Arizona, California, New
Mexico and Texas to provide assistance (not more than 50% of project costs) to
colonias where the residents are subject to a significant health risk attributable to the
lack of access to an adequate and affordable drinking water system. Congress
authorized appropriations of $25 million for each of fiscal years 1997 through 1999.
Estrogenic Substances. EPA may use the new estrogenic substances
screening program created in the Food Quality Protection Act of 1996 (P.L. 104-170)
to provide for testing of substances that may be found in drinking water if the
Administrator determines that a substantial population may be exposed to such
substances (Section 1457).
Drinking Water Studies. EPA is directed to conduct drinking water studies
involving subpopulations at greater risk and biological mechanisms, and studies to
support several rules including those addressing disinfectants and disinfection
byproducts and Cryptosproridium. The Centers for Disease Control and Prevention
and EPA were required to conduct pilot waterborne disease occurrence studies by
August 1998 (Section 1458).
Selected P.L. 104-182 Provisions Not Amending SDWA
Grants to Alaska. Section 303 of the 1996 amendments authorized EPA to
make grants to the State of Alaska to pay 50% of the costs of improving sanitation
for rural and Alaska Native villages. Grants are for construction of public water and
wastewater systems, and for training and technical assistance programs.
Appropriations were authorized at $15 million for each of fiscal years 1997 through
2000. (In the Estuaries and Clean Waters Act of 2000, P.L. 106-457, Congress
reauthorized appropriations for these rural sanitation grants at a level of $40 million
for each of fiscal years 2001 through 2005.)
Bottled Water. Section 305 revised section 410 of the Federal Food, Drug,
and Cosmetic Act to require the Secretary of Health and Human Services to issue
bottled drinking water standards for contaminants regulated under SDWA within 180
days after EPA promulgates the new standards, unless the Secretary determines that
a standard is not necessary.
Wastewater Assistance to Colonias. Section 307 authorized EPA to
make grants (not to exceed 50% of project costs) to colonias for wastewater treatment
works. Appropriations were authorized at $25 million for each of fiscal years 1997
through 1999.
6Colonias generally are described as unincorporated communities or housing developments
on the U.S. side of the U.S.-Mexico border that lack some or all basic infrastructure
including plumbing and public water and sewer.

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Additional Infrastructure Funding. Section 401 authorized additional
assistance, up to $50 million for each of fiscal years 1997 through 2003, for a grant
program for infrastructure and watershed protection projects.
Selected References
U.S. Environmental Protection Agency. Office of Enforcement and Compliance
Assurance. Providing Safe Drinking Water: 1998 National Public Water
Systems Compliance Report. Report No. EPA 305-R-00-002. April 2000. 92 p.
[http://www.epa.gov/safewater/annual]
U.S. Environmental Protection Agency. Office of Water. The Clean Water and
Drinking Water Infrastructure Gap Analysis Report. Report No. EPA 816-R-
02-020. September 2002. 50 p.
[http://www.epa.gov/safewater/gapreport.pdf]
U.S. Environmental Protection Agency. Office of Water. Drinking Water
Infrastructure Needs Survey: Second Report to Congress. Report No. EPA
816-R-01-004. February 2002. 85 p.
[http://www.epa.gov/safewater/needs/99fullreport.pdf]
U.S. Environmental Protection Agency. Office of Water. 25 Years of the Safe
Drinking Water Act History and Trends. Report No. EPA 816-R-99-007.
December 1999. 54 p.
[http://www.epa.gov/safewater/sdw/trends.html]
U.S. General Accounting Office. Drinking Water Spending Constraints Could Affect
States’ Ability to Implement Increasing Program Requirements. Report No.
GAO/RCED-00-199. August 2000. 84 p.
[http://www.gao.gov/archive/2000/rc00199.pdf]

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CRS-15
Table 5. U.S. Code Sections of the Safe Drinking Water Act
(Title XIV of the Public Health Service Act)
(42 U.S.C. 300f-300j-26)
Safe Drinking
42 U.S.C.
Section Title
Water Act
(as amended)
Subchapter XII -
Safety of Public Drinking Water Systems
Part A -
Definitions
300f
Definitions
sec. 1401
Part B -
Public Water Systems
300g
Coverage
sec. 1411
300g-1
National drinking water regulations
sec. 1412
300g-2
State primary enforcement responsibility
sec. 1413
300g-3
Enforcement of drinking water regulations
sec. 1414
300g-4
Variances
sec. 1415
300g-5
Exemptions
sec. 1416
300g-6
Prohibitions on the use of lead pipes, solder,
sec. 1417
and flux
300g-7
Monitoring of contaminants
sec. 1418
300g-8
Operator certification
sec. 1419
300g-9
Capacity development
sec. 1420
Part C -
Protection of Underground Sources of Drinking Water
300h
Regulations for state programs
sec. 1421
300h-1
State primary enforcement responsibility
sec. 1422
300h-2
Enforcement of program
sec. 1423
300h-3
Interim regulation of underground injections
sec. 1424
300h-4
Optional demonstration by states relating to
sec. 1425
oil and natural gas
300h-5
Regulation of state programs
sec. 1426
300h-6
Sole source aquifer demonstration program
sec. 1427
300h-7
State programs to establish wellhead
sec. 1428
protection areas
300h-8
State ground water protection grants
sec. 1429
Part D -
Emergency Powers
300i
Emergency powers
sec. 1431
300i-1
Tampering with public water systems
sec. 1432
300i-2
Terrorist and other intentional acts
sec. 1433
300i-3
Contaminant prevention, detection, and
sec. 1434
response
300i-4
Supply disruption prevention, detection and
sec. 1435
response
Part E -
General Provisions
Title II
300j
Assurance of availability of adequate supplies
sec. 1441
of chemicals necessary for treatment of water
300j-1
Research, technical assistance, information
sec. 1442
300j-2
Grants for state programs
sec. 1443
300j-3
Special project grants and guaranteed loans
sec. 1444

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Safe Drinking
42 U.S.C.
Section Title
Water Act
(as amended)
300j-4
Records and inspections
sec. 1445
300j-5
National Drinking Water Advisory Council
sec. 1446
300j-6
Federal agencies
sec. 1447
300j-7
Judicial reviews
sec. 1448
300j-8
Citizen civil actions
sec. 1449
300j-9
General provisions
sec. 1450
300j-11
Indian Tribes
sec. 1451
300j-12
State revolving loan funds
sec. 1452
300j-13
Source water quality assessment
sec. 1453
300j-14
Source water petition program
sec. 1454
300j-15
Water conservation plan
sec. 1455
300j-16
Assistance to colonias
sec. 1456
300j-17
Estrogenic substances screening program
sec. 1457
300j-18
Drinking water studies
sec. 1458
Part F -
Additional Requirements to Regulate the
Safety of Drinking Water
300j-21
Definitions
sec. 1461
300j-22
Recall of drinking water coolers with lead-
sec. 1462
lined tanks
300j-23
Drinking water coolers containing lead
sec. 1463
300j-24
Lead contamination in school drinking water
sec. 1464
300j-25
Federal assistance for state programs
sec. 1465
300j-26
Certification of testing laboratories
Note: This table shows only the major code sections. For more detail and to determine when a section
was added, the reader should consult the official printed version of the U.S. Code.

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