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Summary

Much progress has been made in assuring the quality of public water supplies since the Safe Drinking Water Act (SDWA) was first enacted in 1974. Public water systems must meet extensive regulations, and public water system management has become a much more complex and professional endeavor. The Environmental Protection Agency (EPA) has regulated some 91 drinking water contaminants, and more regulations are pending. In 2005, EPA reported that the number of systems reporting no violations of drinking water standards reached a new high of 94% in 2003. Despite such progress, however, an array of issues and challenges remain. In the 110th Congress, key issues have involved infrastructure funding needs, related compliance issues, and concerns caused by detections of unregulated contaminants in drinking water, such as perchlorate and pharmaceuticals and personal care products (PPCPs). Another issue involves the adequacy of existing regulations (such as trichloroethylene) and EPA's pace in reviewing and potentially revising older standards. Congress last reauthorized SDWA in 1996. Although funding authority for most SDWA programs expired in FY2003, Congress continues to appropriate funds annually for these programs. No broad reauthorization bills have been proposed, as EPA, states, and water systems continue efforts to implement and comply with the requirements of the 1996 law and new regulations. A long-standing and overarching SDWA issue concerns the cumulative cost and complexity of drinking water standards and the ability of water systems, especially small systems, to comply with standards. The issue of the affordability of drinking water regulations, such as those for arsenic, radium, and disinfection by-products, has merged with the larger debate over what is the appropriate federal role in assisting communities with financing drinking water infrastructure. To help communities finance projects needed to comply with federal drinking water standards, Congress authorized a drinking water state revolving fund (DWSRF) program in 1996. Under this program, EPA and the states, combined, have provided more than $11 billion to public water systems for infrastructure improvements and other projects needed to meet standards and maintain public health protection. Congress has appropriated roughly $840 million annually for this program in recent years; the enacted amount for FY2008 is $829 million. Despite this support, studies show that a large funding gap has grown as SDWA requirements continue to increase, and as the nation's infrastructure ages. Water infrastructure financing legislation has been offered in recent Congresses to authorize increased funding for the DWSRF program and to provide grant assistance for small communities. In the 110th Congress, bills have been introduced to provide technical, financial, and other compliance assistance to small communities. The debate over the federal role in funding projects needed for SDWA compliance, and for water infrastructure improvement in general, continues.

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