Safe Drinking Water Act: Implementation and Issues Page: 3 of 19
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Safe Drinking Water Act: Implementation and Issues
SUMMARYKey drinking water issues on the agenda
in the 109th Congress have included problems
caused by specific contaminants, such as the
gasoline additive methyl tertiary butyl ether
(MTBE), and perchlorate, as well as the
related issue of the appropriate federal role in
providing financial assistance for water infra-
structure 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 efforts are not expected as
EPA, states, and water systems remain busy
implementing the 1996 amendments.
Congress included provisions in the
Energy Policy Act of 2005 (P.L. 109-58, H.R.
6) to address existing MTBE contamination of
water and to better prevent future problems.
The act authorizes funding from the Leaking
Underground Storage Tank Trust Fund for the
cleanup of MTBE releases and adds leak
prevention provisions to the federal under-
ground storage tank regulatory program. The
Energy Policy Act also prevents 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 also have returned to the congressional
agenda, after the past Congress enacted sev-
eral provisions on this issue. The House
passed H.R. 18 and H.R. 186, both of which
would establish groundwater remediation
programs in California, where most perchlor-
ate contamination has been identified.
Concerns over the security of the nation's
drinking water supplies were addressed by theCongressional Research Service +
107th Congress through the Bioterrorism
Preparedness Act (P.L. 107-188), which
included requirements for community water
systems to conduct vulnerability assessments
and prepare emergency response plans. S.
1426 would require EPA to report to Congress
on implementation of the water security re-
search provisions of the Bioterrorism Act.
An ongoing SDWA issue involves the
growing cost and complexity of drinking
water standards and the ability of water sys-
tems, especially small systems, to comply with
standards. The issue of the cost of drinking
water standards, particularly 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 budgets.
Congress authorized a drinking water
state revolving fund (DWSRF) program in
1996 to help communities finance projects
needed to meet standards. For FY2006, in P.L.
109-54, Congress has provided $850 million
for the DWSRF program, as requested. How-
ever, studies show that a large funding gap
exists and will grow as SDWA requirements
increase and infrastructure ages. On July 20,
the Senate Environment and Public Works
Committee ordered reported S. 1400, the
Water Infrastructure Financing Act, which
would increase funding for the DWSRF pro-
gram and a parallel wastewater program, and
provide grant assistance for small and rural
communities. H.R. 2417/S. 689 would direct
EPA to establish a grant program to help
eligible communities comply with drinking
water standards and add compliance flexibility
for such communities.
The Library of Congress CRS11-07-05
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Tiemann, Mary. Safe Drinking Water Act: Implementation and Issues, report, November 7, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc816907/m1/3/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.