EPA/560/9-86/002
SAFE
DRINKING
WATER
ACT
1986
AMENDMENTS
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INTRODUCTION
On June 19, 1986, the President of the United States signed the 1986
Amendments to the Safe Drinking Water Act. This brochure briefly describes
these Amendments and outlines the role EPA, the States and the local author-
ities will play in their implementation.
DRINKING WATER REGULATIONS
Every public water supply in the country must meet the Primary Drinking
Water Regulations. Responsibility for enforcing these Regulations is dele-
gated to the States if they adopt regulations at least as stringent as
Federal regulations. Currently, the Primary Regulations consist of 25
contaminant levels (see attached list). However, the new 1986 Amendments
will require the regulation of many more contaminants. The Amendments
state that:
EPA must regulate 9 contaminants within a year of enactment,
another 40 within two years, and another 34 within three years,
for a total of 83. These contaminants are listed in the Federal
Register volume 47, page 9352 and volume 48, page 45502.
EPA has the option of substituting up to seven other contaminants
for those on the list if it finds this will provide greater health
protection.
In addition to the above 83, at least 25 more primary standards
will be required by 1991; with 25 more standards expected every
three years thereafter.
By 1988, EPA must specify criteria for filtration of surface water
supplies.
By 1990, EPA must specify criteria for disinfection of all water
supplies.
At the time of enactment, EPA already had begun to fulfill the new
statutory mandates. EPA had recently proposed the regulation of 26 addi-
tional contaminants (see attached list).
ENFORCEMENT
New provisions in the 1986 Amendments will provide EPA with new tools
to streamline enforcement actions to help assure compliance with Drinking
Water Regulations. Previously, the only enforcement actions available
involved civil and criminal cases brought against systems out of compliance
with the regulations. This process required extensive resources
and much time. The new Amendments:
Authorize EPA to issue administrative orders against public water
systems in violation when States do not take appropriate enforcement
action within 30 days of notification.
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Additional authorities to enforce against public water systems in
violation; maximum civil penalty limits are increased to $25,000
per day of violation.
UNREGULATED CONTAMINANTS
Another high priority for EPA is the monitoring of unregulated contami-
nants. The Amendments:
Require EPA to issue regulations within 18 months requiring public
water systems to test for contaminants not yet regulated in drinking
water by the EPA. Public systems would have to test their water
at least once every five years thereafter.
Require EPA to list the unregulated contaminants to be monitored.
States with delegated authority can delete contaminants from the
list if EPA approves, and can add to the list without EPA approval.
Allow small systems supplying less than 150 service connections
can meet monitoring requirements by submitting a water sample to
the State or EPA, or allowing the State or EPA to take their own
sampl e.
LEAD BAN
The presence of lead in drinking water from plumbing materials moved
the Congress to write a major new section into the Amendments. These new
provisions include:
o Prohibition of lead solders, flux and pipes used in new instal-
lations and repairs of public water systems and drinking water
plumbing connected to such systems. A warning is required on
any solder containing more than .2 percent lead.
o Prohibition to be implemented via state enforcement.
o If EPA determines State's failure to enforce requirements, it
may withhold up to 5 percent of a State's grant.
o Public water systems required to provide public notification
to all users explaining the potential lead contamination sources
and reasonably available methods of mitigating lead contamina-
tion.
GROUND WATER
The 1986 Amendments reflect the increased awareness of the potential
threat facing ground water resources. Ground water is water that is stored
below the water table in saturation zones, often in aquifers that can
yield significant quantities of water to wells and springs. We use 90
billion gallons every day, 13 billion gallons of it for household uses.
In all, we drink 230 million gallons of ground water a day. Almost half
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of Americans get all or part of their drinking water from ground water
sources, and its use is steadily increasing.
The increasing reliance on ground water has coincided with our discov-
ery of just how fragile a resource it is. Many ground-water supplies are
subject to competing and sometimes contradictory uses; the same general
area, for example, may be tapped simultaneously for irrigation, drinking
water, and industrial use. Some of these uses threaten the quality of
ground water, and may lead to long-term contamination. Causes of contami-
nation may include: agricultural practices, leaking underground storage
tanks, faulty septic systems, underground pipelines, hazardous and non
-hazardous landfills, underground injection wells, road de-icing, oil and
gas exploration, salt water intrusion, and feedlot waste disposal.
Under the Safe Drinking Water Act as enacted in 1974, EPA implemented
programs for protecting ground water: the drinking water program, which
regulates all public drinkingwater systems regardless of the source of
supply; the underground injection control program, which regulates the
injection of any fluid, including disposal of industrial wastes in deep
underground wells; and the sole source aquifer program, which permits EPA
to designate an aquifer as a "sole source" if it is a principal water
supply. This designation authorizes EPA to review any federally funded
projects that may threaten or affect its quality.
Beyond these Federal responsibilities, the States also have regulated
many of the more common and widespread sources of contamination. The
States traditionally have stood as the first line of authority on ground-
water protection, and continue to do so today.
However, new ground-water related provisions under the 1986 Amendments
will step-up efforts to stop potential contamination. These efforts will
include:
- Sole Source Aquifer Demonstration Program
o EPA to establish demonstration programs to protect "critical
aquifer areas," that is, all or part of a designated sole source
aquifer from degradation.
o EPA to establish within one year of date of enactment criteria
for selecting such critical areas.
o State and local authorities to map area and provide a comprehen-
sive protection plan to EPA.
o Once plan is approved, EPA may enter a cooperative agreement to
implement the project on a 50/50 basis. Maximum grant to a
State for any one aquifer is $4 million per year.
o EPA must report to Congress by September 1990 on accomplishments
of this program.
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- Protection of Wellheads
o Requires States to develop programs for protecting areas around
wells supplying public drinking water systems from contamination
that could harm health. Authorizes $20 million annually in
Fiscal 1987-88 and $35 million in 1989-91.
o Gives States three years to develop these programs.
o Requires State wellhead protection program to define responsibil-
ities of State and local governments and water systems, and meet
other requirements. These include determining the hydrogeologic
wellhead protection area, identifying man-made sources of contam-
inants, adopting (as appropriate) control measures, technical
assistance to protect the wellhead areas, and developing contin-
gency plans for providing an alternative source of drinking
water. States are given three years to submit the plan to EPA.
o EPA to provide criteria to States for defining wellhead protec-
tion areas within one year of enactment.
o Upon approval, States are eligible for EPA grant for 50-90
percent of costs (determined by EPA) of plan development and
implementation. Funds after three years of enactment are only
available to implement protection.
o States must start implementing a plan within two years of
submittal and provide biannual status report to EPA.
- Underground Injection
o Requires EPA to issue rules within 18 months for monitoring of
wells injecting wastes below a drinking water source (Class I
wells).
o Requires EPA to report to Congress by September 1987 summarizing
results of State surveys now required on Class V wells.
o Requires States to certify and EPA to review programs to regulate
annular injection (injection between the tubing and protective
casing of a well) and surface disposal of oilfield brines.
INDIAN LANDS
New provisions have been added to deal specifically with Indian juris-
dictions.
o Authorizes EPA to treat Indian tribes as States under the Safe
Drinking Water Act. Indian tribes may be delegated primary
enforcement responsibility for public water systems and under-
ground injection control, and may be provided with grant and
contract assistance.
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OTHER
SUMMARY
EPA, in conjunction with the
within 12 months of enactment,
water on Indian reservations.
Indian Health Service, must,
conduct a survey of drinking
EPA must, within 18 months of enactment, promulgate final
regulations specifying those provisions of the Act for which
it is appropriate to treat Indian tribes as States.
o Federal authority
systems.
to act against tampering with public water
o Revised procedures for public notification of water system
violations. Notice of serious violations are to be given
within 14 days.
o Expanded Federal emergency powers include ability to act against
risks of contamination of underground drinking water sources
as well as the water supply, and the right to require polluters
to provide alternative supplies. Section includes new funding
authorization.
The passage of the amendments indicated the Congress has heeded the
concerns of the public, the EPA, State governments, and those in the water
supply industries. The successful implementation of these Amendments
hinges upon the cooperation of all of these groups. Many have come to
realize that our natural resources are finite and the drinking water
resources are no exception to this. It is a resource vital to us all, and
the protection of drinking water resources is all of our responsibility.
Consequently, all must partake in the endeavour to assure the ultimate
goal, a nation whose water supply can be safely consumed. The passage of
these amendments has reaffirmed this commitment.
For more information on these amendments, you may contact: EPA
Region VI, Water Supply Branch (6W-SP), Renaissance Tower, 1201 Elm Street,
Dallas, Texas 75270. Or call the Water Supply Branch at (214) 767-1762.
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