United States Environmental Protection Agency Revised November 1976 sbEPA An Environmental Law Highlights of The Safe Drinking Water Act of 1974 a ------- The, drinking water coming into most American homes today is generally considered safe, largely because of the high standards set by public water supply systems in the United States However, careless use of chemical compounds and the heedless disposal of toxic wastes are new threats to the public water supply that re- quire increased vigilance The Safe Drinking Water Act of 1974 pro- vides for the safety of drinking water supplies throughout the United States by establishing and enforcing national drinking water quality stand- ards Congress authorized EPA to support State and local community drinking water programs by providing financial and technical assistance to undertake research and study efforts The new law provides the means for expanding the scope and level of water utility service and for improving the quality and dependability of drink- ing water for future generations of Americans The New Legislation Under the Safe Drinking Water Act, the Fed- eral government—EPA—has the primary re- sponsibility of establishing the national stand- ards, the States arc responsible for enforcing the standards and otherwise supervising public water supply systems and sources of drinking water A public water system is one that provides piped water for human consumption and that has at least 15 service connections or regularly serves at least 25 people Major Provisions The Safe Drinking Water Act provides for • Establishment of primary regulations for the protection of the public health, • Establishment of secondary regulations re- lating to the taste, odor, and appearance of drinking water, • Measures to protect underground drinking water sources, • Research and studies regarding health, eco- nomic, and technological problems of drinking water supplies Specifically required arc studies of viruses in drinking water and contamination by cancer-causing chemicals, • A survey of the quality and availability of rural water supplies, • Aid to the States to improve drinking water programs through technical assistance, training of personnel, and grant support, "¦tizen suits against any party believed to be olation of the Act; • Record-keeping, inspections, issuance of regu- lations, and judicial review, » A 15-membcr National Drinking Water Ad- visory Council to advise the EPA Administrator on scientific and other responsibilities under the Act, • A requirement that the Secretary of Health, Education, and Welfare ensure that standards for bottled drinking water conform to the pri- mary regulations established under the Act—or to publish reasons for not doing so, • Authorization of appropriations totaling SI56 million for fiscal years 1975, 1976, and 1977 Scope and Timetable for Regulations The primary standards are designed to pro- vide maximum feasible protection of the public health, utilizing the best treatment methods gen- erally available, with cost as a consideration The standards will ultimately include maximum con- taminant levels, treatment techniques, and gen- criteria for operation, maintenance, siting, „..u intake of public water supply systems Interim primary regulations established by EPA were promulgated on December 24, 1975 and will become effective June 1977 These pri- mary regulations will later be revised based on findings of a two-year contaminant health effects study by the National Academy of Sciences that is due to be completed in December 1976 The revised primary regulations will become effective within 18 months of the Academy's findings Secondary standards will also be prescribed relating to the taste, odor, and appearance of drinking water as well as the sodium and total dissolved solids in the water Secondary stand- ards will be enforced only if the individual States want to enforce them The Role of The States Under The Act A State can continue to enforce its own laws and regulations governing drinking water sup- plies until the national interim primary regula- tions go into effect in June 1977, 18 months "^er promulgation of the standards _ A State can qualify for primary enforcement responsibility if it meets these conditions • ft adopts regulations that are at least equal to the Federal regulations in protecting public health, • It adopts and implements adequate surveil- lance and enforcement procedures; • It provides variances and exemptions (if it chooses to provide these) that meet Federal requirements, • It provides an adequate plan for supplying safe drinking water under emergency circum- stances, • It keeps records and provides reports keeping EPA fully informed of its activities Whenever a public water system in a State with primary enforcement authority does not comply with a primary regulation or a schedule imposed with a variance or exemption, EPA is directed by the Act to notify the State and to provide advice or technical assistance in an effort to bring about compliance If noncompliance continues beyond a 60-day grace period, Fed- eral action may be taken EPA also may begin enforcement at the request of a Governor or a responsible State agency In a State without pri- mary enforcement authority, EPA may take di- rect civil action The designated authority, whether State or EPA, may impose a maximum penalty of $5,000 a day for willful violation EPA may hold public hearings upon peti- tion of the State, the public water system, or a person served by the system, in order to assist the State in carrying out the primary enforce- ment role On the community level, a public water sup- ply must give notice to its consumers if it 1 Fails to meet a primary drinking water regulation, 2 Fails to perform required monitoring, 3 Has a variance or exemption, 4 Fails to comply with a schedule imposed with a variance or exemption The notice must be given at least every three months in newspapers of general circulation, and must be included in customers' water bills Other communications media must also be notified Variances and Exemptions The law provides that variances and exemp- tions from a required contaminant level may be granted under certain conditions A variance could be granted because of the water system's inability to comply, because of the nature of the water source, or because the raw water is of such good quality that a required treatment is not necessary The period that variances would be ------- United States Office at Official Business Envnonmental Protection Pubic Allairs (A-107) Penalty ftx Private Use Agency Washington, D C 204®) S300 In effect would depend on the conditions of the raw water source and available technology. Exemptions from contaminant levels or re- quired treatment techniques—extending up to seven years or up to nine years for a regional system—may 'be granted by a State for com- pelling reasons, including economic factors. Emergency Action If a water supply condition poses an immi- nent hazard to health, and State and local au- thorities have not acted, EPA may take direct action to prevent or abate a contamination of drinking water. Also, in the event of a shortage of chlorine or other chemicals necessary to treat drinking water, the Act authorizes a case-by-case alloca- tion of needed supplies. Protection of Underground Sources In hearings prior to enacting the Safe Drink- ing Water Act, Congress found that numerous public and private agencies had become con- cerned about the hazards associated with deep well injection of contaminants. A number of States already had been rejecting or discouraging applications for injection systems, and the U.S. Geological Survey and the Bureau of Mines had expressed worry about the indiscriminate "sweeping of our wastes underground." Both industry and government had been using this method of waste disposal. Cities were en- gaging in underground injection of sewage, sludge, and other wastes. Industries were in- jecting chemicals and by-products. Even Gov- ernment agencies, including the military, were disposing of wastes In this manner. Congress therefore provided in the Act for the protection of underground sources of drink- ing water, including aquifers, by means of a reg- ulatory program similar to that governing public water systems. The Act requires that the Administrator must promulgate regulations that establish minimum requirements for State underground injection control programs. The Administrator is required to name those States for which an underground injection control program may be necessary to assure that underground sources of drinking water will not be endangered. Designated States must submit a proposed pro- gram to the Administrator within 270 days. If 1 Postage and Fees Paid Environmental Protection Agency EPA-335 Third Class Bulk the proposed State Program meets the require- ments of the Act and EPA regulations, the State assumes primary responsibility for implementing the underground injection control program. If the proposed State program does not meet the requirements of the Act or EPA regulations, or if no State program is submitted, the Ad- ministrator must prescribe a program within 90 days. EPA will then assume primary enforce- ment responsibility in that State. The Act provides for State Program grant assistance that is administered under separate regulations. Grants may be made to States hav. ing primary enforcement authority or expecting to have primary enforcement responsibility within two years. First printing July 1975 ------- |