United States
Environmental Protection Agency
Revised November 1976
sbEPA An
Environmental
Law
Highlights of
The Safe
Drinking Water
Act of 1974
a

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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

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United States	Office at	Official Business
Envnonmental Protection	Pubic Allairs (A-107)	Penalty ftx Private Use
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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
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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

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