Safe Drinking Water Act II

CONTENTS FOR THIS SECTION

State Revolving Funds
Other Provisions
Selected References

State Revolving Funds

Section 1452, added by P.L. 104-182, authorizes a State Revolving Loan Fund (SRF) program to help systems finance improvements needed to comply with drinking water regulations. The law authorizes EPA to make grants to states to capitalize SDWA SRFs, which states then use to make loans to public water systems. States must match 20% of the federal grant. Grants will be allotted to states using the formula for distributing state PWSS grants through FY1997; then, grants will be allotted based on a needs survey. Each state will receive at least 1% of funds. The District of Columbia will receive 1% of funds as well. A state may transfer up to 33% of the grant to the Clean Water Act (CWA) SRF, or an equivalent amount from the CWA SRF to the SDWA SRF.

Drinking water SRFs may be used to provide loan and grant assistance 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. States may use up to 30% of their SRF grant to provide grants or forgive loan principle 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 authorizes appropriations of $599 million for FY1994 and $1 billion per year for FY1995 through FY2003 for SRF capitalization grants. EPA is required to to reserve from annual SRF appropriations: 0.33% for financial assistance to several Trusts and Territories; $10 million for health effects research on drinking water contaminants;$2 million(starting in FY1998) 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.

Other Provisions

Public water systems must notify customers of violations with potential for serious health effects within 24 hours. Systems must also issue to customers annual reports on contaminants detected in their drinking water(Section 1414).

Section 1417 requires any pipe, solder, or flux used in the installation or repair of public water systems or of plumbing in residential or nonresidential facilities providing drinking water to be "lead free" (as defined in the Act). As of August 1998, it will be 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. P.L. 104-182 sets limits on the amount of lead that may leach from new plumbing fixtures, and allows one year for a voluntary standard to be established before requiring EPA to take regulatory action.

The Administrator has emergency powers to issue orders and commence civil action if a contaminant likely to enter a public drinking water supply system poses a substantial threat to public health and state or local officials have not taken adequate action(Section 1431).

If a chemical necessary for water treatment is not reasonably available, the Administrator can issue a "certification of need," in which case the President can order an allocation of the chemical to those needing it(Section !441).

EPA is provided authority 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. The law authorizes, annually, $15 million for technical assistance to small systems and Indian Tribes, and $25 million for health effects research (Section 1442). P.L. 104-182 authorizes additional appropriations for drinking water research, not to exceed $26.6 million annually

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).

Also, suppliers of water who may be subject to regulation 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 (Section 1445). 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 criminal penalties.

The Act established a National Drinking Water Advisory Council, composed of 15 members (with at least 2 representing rural systems), to advise, consult, and make recommendations to the Administrator on activities and policies derived from the Act (Section 1446).

Any federal agency having jurisdiction over federally owned and maintained public water systems must comply with all federal, state and local drinking water requirements as well as any underground injection control programs (Section 1447). The Act provides for waivers in the interest of national security.

Procedures for judicial review are outlined (Section 1448), and provision for citizens' civil actions is made (Section 1449). Citizen suits may be brought against any person or agency allegedly in violation of provisions of the Act, or against the Administrator for alleged failure to perform any action or duty which is not discretionary.

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).

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 D/DBPs and Cryptasporidium. The Centers for Disease Control and Prevention and EPA must conduct pilot waterborne disease occurrence studies by August 1998. (Section 1458).

The Act includes a provision amending the Federal Food, Drug, and Cosmetic Act, generally requiring the Secretary of Health and Human Services to issue bottled drinking water standards for contaminants regulated under the Safe Drinking Water Act.

Other provisions of P.L. 104-182 authorize water and wastewater grants for colonias and Alaska rural and native villages, and authorize the transfer of the Washington (D.C.) Aqueduct to a regional authority. The 1996 Amendments also authorize a $50 million per year grant program for additional infrastructure and watershed protection projects; the conference report lists, and directs EPA to give priority consideration to, 24 such projects.

Selected References

U.S. Congress. House. SAFE DRINKING WATER ACT AMENDMENTS OF 1996. Conference Report to accompany S. 1316. Washington, U.S. Govt. Print. Off., 1996. H.Rept. 104-741. 94 p.

U.S. Congress. House. Committee on Commerce. SAFE DRINKING WATER ACT AMENDMENTS OF 1996. Report on H.R. 3604, 104th Congress, 2d session. June 24, 1996. Washington, U.S. Govt. Print. Off., 1996. H.Rept. 104-632. 134p.

U.S. Congress. Senate. Committee on Environment and Public Works. SAFE DRINKING WATER ACT AMENDMENTS OF 1995. Report on S. 1316, 104th Congress, 1st session. Nov. 7, 1995. Washington, U.S. Govt. Print. Office, 1995. S.Rept. 104-169. 230 p.

Table 11. Major U.S. Code Sections, Safe Drinking Water Act 13
(Title XIV of the Public Health Service Act)
( 42 U.S.C. 300f-30j-26)

ENDNOTES

13 This table shows only the major code sections. For more detail and to determine when a section was added, the reader should consult official printed version of the U.S. Code.

The NCSE also recommends CRS reports on Water Quality including Clean Water Act Reauthorization and Clean Water Act Section 401: Background and Issues

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