Drinking water quality legislation of the United States
Encyclopedia
In the United States, public drinking water is governed by the law
s and regulation
s enacted by the federal and state governments. Certain ordinances may also be created at a more local level. The Safe Drinking Water Act
(SDWA) is the principal federal law. The SDWA authorizes the USEPA to create and enforce regulations to achieve the SDWA goals.
(SDWA) is the principal federal law concerning drinking water. SDWA authorized the United States Environmental Protection Agency
(USEPA) to promulgate regulations regarding water supply. The major regulations are in title 40 of the Code of Federal Regulations
(40CFR141, 40CFR142, and 40CFR143). Parts 141, 142, and 143 regulate primary contaminants, implementation by states, and secondary contaminants. Primary contaminants are those with health impacts. State implementation allows states to be the primary regulators of the water supplies (rather than USEPA) provided they meet certain requirements. Secondary contaminants generally cause aesthetic problems and are not directly harmful.
The SDWA also contains provisions that require water supplies to develop emergency plans, water supply operators to be licensed, and watersheds to be protected.
See Portland Water Bureau
for an example of how the regulations were applied to a public water system
.
Regulation of specific groups of contaminants is often termed a "rule". These are also generally organized in the code as "Subparts".
results. The reports must be sent to all customers annually.
and the Safe Drinking Water Act
. They govern how states and Indian Tribes can enforce the federal rules. Generally, a state must incorporate the requirements of the National Primary Drinking Water Regulations into the state's own regulations. States may be more stringent, but not less stringent, than the federal rules. Federal funding is available to states that implement or enforce some or all of the federal requirements.
The entity responsible for enforcement is said to have "Primacy".
The regulations are not Federally enforceable but are intended as guidelines for the States. Although not federally enforceable, some states regulate the secondary contaminants.
The guidelines include recommendations for maximum concentrations for 15 contaminants, when to sample, and how to analyze the samples.
Some contaminants in the Secondary Regulations are also regulated in the Primary Regulations. This generally occurs when a contaminant is a nuisance at a low level, but toxic at a higher concentration.
National Interim Primary Drinking Water Regulations (NIPDWR)
Promulgated 1975-1981
Contained 7 contaminants
Targeted: Trihalomethanes, Arsenic, and Radionuclides
Established 22 drinking water standards
Phase 1 Standards
Promulgated 1987
Contained 8 contaminants
Targeted: VOCs
Phase 2 Standards
Promulgated 1991
Contained 36 contaminants
Targeted: VOCs, SOCs, and IOCs
Phase 5 Standards
Promulgated 1992
Contained 23 contaminants
Targeted: VOCs, SOCs, and IOCs
Surface Water Treatment Rule (SWTR)
Promulgated 1989
Contained 5 contaminants
Targeted: Microbiological and Turbidity
Stage 1 Disinfectant/Disinfection By-product(D/DBP) Rule
Promulgated 1998
Contained 14 contaminants
Targeted: DBPs and precursors
Interim Enhanced Surface Water Treatment Rule (IESWTR)
Promulgated 1998
Contained 2 contaminants
Targeted: Microbiological and Turgidity
Radionuclide Rule
Promulgated 2000
Contained 4 contaminants
Targeted: Radionuclides
Arsenic Rule
Promulgated 2001
Contained 1 contaminant
Targeted: Arsenic
Filter Backwash Recycling Rule
Promulgated 2001
Contained -
Targeted: Microbiological and Turgidity
Public water supply regulation in New York predates the Federal Safe Drinking Water Act by decades. As in California, New York has over the years, in accordance with 40CFR142, modified its sanitary code to implement the rules in the federal code.
Occasionally, the Public Health Law is also amended to regulate water supply, e.g. Article 11 of the NY Public Health Law.
The Environmental Conservation Code regulates the sources and districting of water supply.
Other laws that govern the operation of water supply, such as the Transportation Corporation Law, Town Law, and the Public Service Law, affect water quality indirectly.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s and regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s enacted by the federal and state governments. Certain ordinances may also be created at a more local level. The Safe Drinking Water Act
Safe Drinking Water Act
The Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...
(SDWA) is the principal federal law. The SDWA authorizes the USEPA to create and enforce regulations to achieve the SDWA goals.
Federal Requirements
The Safe Drinking Water ActSafe Drinking Water Act
The Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...
(SDWA) is the principal federal law concerning drinking water. SDWA authorized the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(USEPA) to promulgate regulations regarding water supply. The major regulations are in title 40 of the Code of Federal Regulations
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
(40CFR141, 40CFR142, and 40CFR143). Parts 141, 142, and 143 regulate primary contaminants, implementation by states, and secondary contaminants. Primary contaminants are those with health impacts. State implementation allows states to be the primary regulators of the water supplies (rather than USEPA) provided they meet certain requirements. Secondary contaminants generally cause aesthetic problems and are not directly harmful.
The SDWA also contains provisions that require water supplies to develop emergency plans, water supply operators to be licensed, and watersheds to be protected.
See Portland Water Bureau
Portland Water Bureau
The Portland Water Bureau is the municipal water department for the city of Portland in the U.S. state of Oregon. The bureau manages a water supply that comes mainly from the Bull Run River in the foothills of the Cascade Range east of the city and secondarily from the Columbia South Shore Well...
for an example of how the regulations were applied to a public water system
Public water system
The US Safe Drinking Water Act and derivative legislation define public water system as an entity that provides "water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year."The...
.
Types of Water Systems
The long and complicated 40CFR141 regulates water systems based on size (number) and type of water consumers. Larger water systems and water systems serving year-round residents (cities) have more requirements than smaller water systems or those serving different people each day (a mall).Control of Contaminants
The regulations divide up contaminants into classes. Some classes are inorganic, organic, lead and copper (regulated separately from inorganic), bacteriological, and radiological. Classes may be subdivided as necessary. Regulations may require certain maximum contaminant levels or may require specific treatment techniques.Regulation of specific groups of contaminants is often termed a "rule". These are also generally organized in the code as "Subparts".
- TCR: Total Coliform Rule
- LCR: Lead and Copper Rule
-
- DBP1/2: Disinfection Byproduct Rules I and II
- SWTR: Surface Water Treatment Rule
- LT1/2: Enhanced Filtration and Disinfection and Enhanced Treatment for Cryptosporidium
- Information Collection Rule
- GWR: Ground Water Rule
- UCMR/2: Unregulated Contaminant Monitoring Rules
Monitoring and Reporting
Testing is required to determine compliance with maximum contaminant levels. The code specifies when and how samples are to be taken and analyzed. The code specifies who must be notified and the manner of the notification. One such provision is Subpart O, Consumer Confidence Reports. These reports are a summary of the water supplies sources and water quality testingDrinking water quality in the United States
Drinking water quality in the United States is a source of concern about pollutants in certain localities. In 2006, 89.3 percent of the nation's community water systems were in compliance with all of more than 90 U.S. Environmental Protection Agency standards. Most of the systems out of compliance...
results. The reports must be sent to all customers annually.
National Primary Drinking Water Regulations Implementation
These regulations (40CFR142) are pursuant to the Public Health Service ActPublic Health Service Act
The Public Health Service Act is a United States federal law enacted in 1944. The full act is captured under Title 42 of the United States Code "The Public Health and Welfare", Chapter 6A "Public Health Service"....
and the Safe Drinking Water Act
Safe Drinking Water Act
The Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...
. They govern how states and Indian Tribes can enforce the federal rules. Generally, a state must incorporate the requirements of the National Primary Drinking Water Regulations into the state's own regulations. States may be more stringent, but not less stringent, than the federal rules. Federal funding is available to states that implement or enforce some or all of the federal requirements.
The entity responsible for enforcement is said to have "Primacy".
National Secondary Drinking Water Regulations
The relatively short 40CFR143 does not actually regulate:The regulations are not Federally enforceable but are intended as guidelines for the States. Although not federally enforceable, some states regulate the secondary contaminants.
The guidelines include recommendations for maximum concentrations for 15 contaminants, when to sample, and how to analyze the samples.
Some contaminants in the Secondary Regulations are also regulated in the Primary Regulations. This generally occurs when a contaminant is a nuisance at a low level, but toxic at a higher concentration.
Compliance
Municipalities throughout the US - from the largest cities to the smallest towns - sometimes fail to meet EPA standards. The USEPA may fine the jurisdiction responsible for the violation, but this does not always motivate the municipality to take corrective action. In such cases, non-compliance with USEPA may continue for many months or years after the initial violation. This could result from the fact that the city simply doesn't have the financial resources necessary to replace aging water pipes or upgrade their purification equipment. In rare cases, the source water used by the municipality could be so polluted that water purification processes can't do an adequate job. This can occur when a town is downstream from a large sewage treatment plant or large-scale agricultural operations. Citizens who live in such places - especially young children, the elderly, or people of any age with autoimmune deficiencies - may suffer serious health complications as a long-term result of drinking water from their own taps.California
Timeline of Existing Federal Water and State Drinking Water Quality RegulationsNational Interim Primary Drinking Water Regulations (NIPDWR)
Promulgated 1975-1981
Contained 7 contaminants
Targeted: Trihalomethanes, Arsenic, and Radionuclides
Established 22 drinking water standards
Phase 1 Standards
Promulgated 1987
Contained 8 contaminants
Targeted: VOCs
Phase 2 Standards
Promulgated 1991
Contained 36 contaminants
Targeted: VOCs, SOCs, and IOCs
Phase 5 Standards
Promulgated 1992
Contained 23 contaminants
Targeted: VOCs, SOCs, and IOCs
Surface Water Treatment Rule (SWTR)
Promulgated 1989
Contained 5 contaminants
Targeted: Microbiological and Turbidity
Stage 1 Disinfectant/Disinfection By-product(D/DBP) Rule
Promulgated 1998
Contained 14 contaminants
Targeted: DBPs and precursors
Interim Enhanced Surface Water Treatment Rule (IESWTR)
Promulgated 1998
Contained 2 contaminants
Targeted: Microbiological and Turgidity
Radionuclide Rule
Promulgated 2000
Contained 4 contaminants
Targeted: Radionuclides
Arsenic Rule
Promulgated 2001
Contained 1 contaminant
Targeted: Arsenic
Filter Backwash Recycling Rule
Promulgated 2001
Contained -
Targeted: Microbiological and Turgidity
New Jersey
New Jersey enacted its own Safe Drinking Water Act in 1977. That statute is closely modeled on the Federal Act. The Department of Environmental Protection administers the NJSDWA and its related regulations in the state administrative code.Regulations
Public Health Law Section 225 gives the public health council authority to create and modify the State Sanitary Code. Part 5 of the New York State Sanitary Code (10NYCRR5) regulates water supply.Public water supply regulation in New York predates the Federal Safe Drinking Water Act by decades. As in California, New York has over the years, in accordance with 40CFR142, modified its sanitary code to implement the rules in the federal code.
Occasionally, the Public Health Law is also amended to regulate water supply, e.g. Article 11 of the NY Public Health Law.
The Environmental Conservation Code regulates the sources and districting of water supply.
Other laws that govern the operation of water supply, such as the Transportation Corporation Law, Town Law, and the Public Service Law, affect water quality indirectly.
Organization
The New York State Department of Health has primacy for most of the water supply regulation compliance determination and enforcement in New York. The department sets general policy and oversees the local units, which may be district offices, regional offices, or county health departments, who oversee the public water systems.See also
- Drinking water quality in the United StatesDrinking water quality in the United StatesDrinking water quality in the United States is a source of concern about pollutants in certain localities. In 2006, 89.3 percent of the nation's community water systems were in compliance with all of more than 90 U.S. Environmental Protection Agency standards. Most of the systems out of compliance...
- National Rural Water AssociationNational Rural Water AssociationThe National Rural Water Association, with its affiliated state rural water associations, is the largest water and wastewater utility membership organization in the United States of America. The NRWA is a professional organization that supports rural and small water utilities throughout the nation...
- Safe Drinking Water ActSafe Drinking Water ActThe Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...