IB10118
Safe Drinking Water Act: Implementation and Issues
July 07, 2004

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National Council for Science and the Environment

Summary:

In the 108th Congress, key drinking water issues involve water infrastructure funding and problems caused by specific contaminants, such as the gasoline additive methyl tertiary butyl ether (MTBE), perchlorate, and lead in drinking water. 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 utilities continue implementing the 1996 amendments.

Both chambers have passed bills that address MTBE contamination. The Senate passed S. 195, an underground storage tank leak prevention and cleanup bill. The House passed the conference report for H.R. 6, and passed H.R. 4503, two energy bills that contain provisions similar to S. 195.

In response to concerns about perchlorate contamination, Congress has required health studies of perchlorate in P.L. 108-136 (H.R. 1588), the Department of Defense Authorization Act of FY2004. Other bills to address perchlorate contamination of drinking water include H.R. 2123, S. 502, and S. 820. Bills introduced to strengthen the regulation of lead in drinking water are H.R. 4268 and S. 2377.

Concerns over the security of the nationÕs drinking water supplies were addressed by the 107th Congress through the Bioterrorism Preparedness Act (P.L. 107-188), which amended SDWA to require community water systems to conduct vulnerability assessments and prepare emergency response plans. The 108th Congress has remained interested in this issue, particularly through the oversight and funding of water security improvement efforts.

A continuing drinking water issue concerns the availability of funding for infrastructure projects needed by public water systems to comply with SDWA standards and to meet other needs. Congress authorized a drinking water state revolving fund (DWSRF) program in 1996 to help communities finance projects needed to meet SDWA standards. However, studies show that a large funding gap exists and will grow as SDWA requirements increase and infrastructure ages. The omnibus appropriations act for FY2004 (P.L. 108-199) included $845 million for this program.

Concern over the costs of drinking water standards has blended into the larger debate over the federal role in assisting communities with financing drinking water infrastructure Ñ an issue that has become more challenging in a time of tightened budgets. Particularly at issue is the financial and technical capacity of small water systems to comply with the growing number of SDWA regulations. The Senate Environment and Public Works Committee ordered reported S. 2550, a water infrastructure financing bill that increases funding for the DWSRF, provides more technical assistance to small systems, and includes a grant program for qualified systems. Several other bills, including H.R. 3328, S. 1432, and S. 1732, would authorize grant programs to help primarily small communities comply with standards. H.R. 4717 would provide new regulatory flexibility for small systems.