Safe Drinking Water Act: Implementation and Issues
Publication Date: May 2006
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Environment
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Abstract:
Key drinking water issues in the 109th Congress have included problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects. Congress last reauthorized the Safe Drinking Water Act (SDWA) in 1996, and although funding authority for most SDWA programs expired in FY2003, broad reauthorization bills have not been proposed, as the Environmental Protection Agency (EPA), states, and water systems remain busy implementing the 1996 amendments.
In the first session of the 109th Congress, Congress passed the Energy Policy Act of 2005 (P.L. 109-58, H.R. 6), which authorizes appropriations from the Leaking Underground Storage Tank Trust Fund specifically for EPA and states to address releases of MTBE. It also imposes new leak prevention requirements on EPA, states, and underground storage tank owners to better protect sources of drinking water. Section 322 of the energy act amended SDWA to preclude EPA from regulating the underground injection of fluids (other than diesel fuel) into drinking water sources for hydraulic fracturing purposes related to oil, gas, and geothermal production.
Concerns about perchlorate in drinking water returned to the congressional agenda, after the 108th Congress enacted several provisions on this issue. The House has passed H.R. 18 and H.R. 186, which would establish groundwater remediation programs in California, where most perchlorate contamination has been identified. Other bills would direct EPA to issue a SDWA standard for perchlorate.
The 107th Congress amended SDWA to address concerns regarding the security of the nation’s drinking water supplies. This act included requirements for community water systems to conduct vulnerability assessments and prepare emergency response plans. In the first session of the 109th Congress, S. 1426 was introduced to require EPA to report to Congress on implementation of the water security research provisions of the Bioterrorism Act.
An ongoing SDWA issue involves the growing cost and complexity of drinking water standards and the ability of water systems, especially small systems, to comply with standards. The issue of the cost of drinking water standards, such as the new arsenic standard, has merged with the larger debate over the federal role in assisting communities with financing drinking water infrastructure — an issue that has become more challenging in a time of tightened government budgets.
Congress authorized a drinking water state revolving fund (DWSRF) program in 1996 to help communities finance projects needed to comply with drinking water standards. For FY2006, Congress provided $837.5 million for this program. However, studies show that a large funding gap exists and will grow as SDWA requirements increase and infrastructure ages. The Senate Environment and Public Works Committee has reported S. 1400, the Water Infrastructure Financing Act, to increase funding for the DWSRF program and a parallel wastewater program, and to provide grant assistance for small and rural communities. Several other bills would establish a grant program to help small communities comply with drinking water standards and provide greater compliance flexibility for small water systems.