Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

December 6, 2002 – July 1, 2021 RL31243

Safe Drinking Water Act (SDWA): A Summary
July 1, 2021
of the Act and Its Major Requirements
Elena H. Humphreys
This report provides a summary of the Safe Drinking Water Act (SDWA) and its major programs
Analyst in Environmental
and regulatory requirements. It reviews revisions to the act since its enactment in 1974,including
Policy
the drinking water security provisions added to SDWA by the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188), and provisions to further
Mary Tiemann
reduce lead in plumbing materials and drinking water (P.L. 111-380, P.L. 113-64, and P.L. 114-
Specialist in Environmental
322). It also identifies changes made to the act in P.L. 114-45, regarding algal toxins in public
Policy
water supplies; the Grassroots Rural and Small Community Water Systems Assistance Act (P.L.

114-98); the Water Infrastructure Improvements for the Nation (WIIN) Act (P.L. 114-322); and
America’s Water Infrastructure Act (AWIA; P.L. 115-270), which constituted the most

comprehensive revisions to SDWA since 1996. It also discusses SDWA-related provisions in the
National Defense Authorization Act (NDAA) for Fiscal Year 2020 (P.L. 116-92) regarding per- and polyfluoroalkyl
substances (PFAS) in drinking water. Table 1 identifies a complete list of acts that amended the Safe Drinking Water Act.
SDWA, Title XIV of the Public Health Service Act, is the key federal law for protecting public water supplies from harmful
contaminants. First enacted in 1974 and substantially amended and reauthorized in 1986, 1996, and 2018, the act is
administered through programs that establish standards and treatment requirements for public water supplies, promote
compliance capacity of public water systems, provide technical assistance to small water systems, control the underground
injection of fluids, finance infrastructure projects, and protect sources of drinking water. The 1974 law established the current
federal-state arrangement in which states may be delegated primary implementation and enforcement authority (primacy) for
the drinking water program and the underground injection control (UIC) program. The Public Water Supply Supervision
(PWSS) Program remains the basic program for overseeing the nation’s public water systems, and EPA has delegated
primary enforcement authority for this program to 49 states, all territories, and the Navajo Nation.
In the Safe Drinking Water Act Amendments of 1996 (P.L. 104-182), Congress reauthorized appropriations for most SDWA
programs through FY2003. As with other EPA-administered statutes having expired funding authorities, Congress continued
to appropriate funds for the ongoing SDWA programs. In the America’s Water Infrastructure Act of 2018, Congress
reauthorized appropriations for several SDWA provisions, including for the PWSS program.
In addition to reviewing key programs and requirements of SDWA, this report includes statistics on the number and types of
regulated public water systems and lists all major amendments with the year of enactment and public law number. Located at
the end of the report, Table 3 cross-references sections of the act with the major U.S. Code sections of the codified statute,
and Table 4 identifies authorizations of appropriations under the act.
Congressional Research Service

link to page 5 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Introduction
The Safe Drinking Water Act (SDWA), Title XIV of the Public Health Service Act, is the key
federal law for protecting public water supplies from harmful contaminants. First enacted in 1974
and substantially amended in 1986, 1996, and 2018, the act is administered by the U.S.
Environmental Protection Agency (EPA) through programs that establish standards and treatment
requirements for public water supplies, finance drinking water infrastructure projects, promote
water system compliance, and control the underground injection of fluids to protect underground
sources of drinking water. The 1974 law established the current federal-state arrangement in
which states may be delegated primary implementation and enforcement authority for the
drinking water program. The state-administered Public Water Supply Supervision (PWSS)
Program remains the basic program for regulating the nation’s public water systems. Forty-nine
states have assumed this authority.1
Enacted in 2018, America’s Water Infrastructure Act (AWIA; P.L. 115-270) included the most
comprehensive revisions to SDWA since 1996.2 Title II of AWIA, “Drinking Water System
Improvement,” reauthorized several appropriations for SDWA programs, authorized new grant
programs intended to help communities afford drinking water infrastructure, and revised existing
SDWA programs to develop water system compliance capacity and sustainability. The National
Defense Authorization Act (NDAA) for Fiscal Year 2020 (P.L. 116-92) included multiple
provisions to address environmental contamination by per- and polyfluoroalkyl substances
(PFAS), some of which are SDWA related.3 Of the EPA provisions related to drinking water,
NDAA 2020 directs EPA to require public water systems to conduct monitoring for PFAS and
authorizes grants for water systems to address PFAS and other emerging contaminants.4 Table 1
identifies the original enactment and various subsequent amendments.
Table 1. Safe Drinking Water Act and Amendments
(codified generally as 42 U.S.C. §300f-300j)
Public Law
Year
Act
Number
1974
Safe Drinking Water Act of 1974
P.L. 93-523
1977
Safe Drinking Water Act Amendments of 1977
P.L. 95-190
1979
Safe Drinking Water Act Amendments
P.L. 96-63
1980
Safe Drinking Water Act Amendments
P.L. 96-502
1986
Safe Drinking Water Act Amendments of 1986
P.L. 99-339
1988
Lead Contamination Control Act of 1988
P.L. 100-572
1996
Safe Drinking Water Act Amendments of 1996
P.L. 104-182

1 EPA retains SDWA implementation and enforcement authority for Wyoming, the District of Columbia, and Indian
tribes other than the Navajo Nation.
2 For more information about drinking water provisions in America’s Water Infrastructure Act, see CRS Report
R45656, America’s Water Infrastructure Act of 2018 (P.L. 115-270): Drinking Water Provisions.
3 PFAS are fluorinated chemicals which have been used in an array of commercial, industrial, and U.S. military
applications for decades. Some of the more common applications include nonstick coatings, food wrappers, waterproof
materials, and fire suppressants.
4 For further information, see CRS Report R45793, PFAS and Drinking Water: Selected EPA and Congressional
Actions.
Congressional Research Service

1

link to page 29 link to page 31 link to page 5 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Public Law
Year
Act
Number
2002
Public Health Security and Bioterrorism Preparedness and Response Act of 2002
P.L. 107-188
2011
Reduction of Lead in Drinking Water Act
P.L. 111-380
2013
Community Fire Safety Act of 2013
P.L. 113-64
2015
Drinking Water Protection Act
P.L. 114-45
2015
Grassroots Rural and Small Community Water Systems Assistance Act
P.L. 114-98
2016
Water Infrastructure Improvements for the Nation Act
P.L. 114-322
2018
America’s Water Infrastructure Act
P.L. 115-270
2019
National Defense Authorization Act for Fiscal Year 2020
P.L. 116-92
Source: Compiled by CRS from congress.gov.
This report summarizes the Safe Drinking Water Act’s major provisions, programs, and
requirements and provides statistics on the universe of regulated public water systems. Located at
the end of the report, Table 3 cross-references sections of the act with the major U.S. Code
sections of the codified statute. Table 4 identifies authorizations of appropriations under the act.
Background
Congress passed the Safe Drinking Water Act of 1974 (P.L. 93-523) after nationwide studies of
community water systems revealed widespread water quality problems and health risks resulting
from poor operating procedures, inadequate facilities, and uneven management of public water
supplies in communities of all sizes. The 1974 law gave EPA substantial discretionary authority to
regulate drinking water contaminants and provided states the opportunity to assume the lead role
in implementation and enforcement of drinking water regulations. As indicated by Table 1,
SDWA has been substantially amended several times since its enactment.
The first major amendments (P.L. 99-339), enacted in 1986, were largely intended to increase the
pace at which EPA regulated contaminants and to increase the protection of groundwater sources
of drinking water. From 1974 until 1986, EPA had regulated just one additional contaminant
beyond the 22 standards previously developed by the Public Health Service.5 The 1986
amendments directed EPA to (1) issue regulations for 83 specified contaminants by June 1989
and for 25 more contaminants every three years thereafter, (2) promulgate requirements for
disinfection and filtration of public water supplies, (3) limit the use of lead pipes and lead solder
in new drinking water systems, (4) establish an elective wellhead protection program around
public wells, (5) establish a demonstration grant program for state and local authorities having
designated sole-source aquifers to develop ground water protection programs, and (6) issue rules
for monitoring underground injection wells that injected hazardous wastes below a drinking water
source. The amendments also increased EPA’s enforcement authority.
Congress again amended SDWA with the Lead Contamination Control Act of 1988 (P.L. 100-
572). The provisions in this law were intended to reduce exposure to lead in drinking water,
particularly in schools, by requiring EPA to identify lead-lined water coolers, requiring the
Consumer Product Safety Commission to issue an order to recall such coolers, and requiring EPA

5 The 1974 act directed EPA to establish “national interim primary drinking water regulations,” with enforceable
standards (i.e., maximum contaminant levels), for a list of contaminants based on the 1962 U.S. Public Health Service
interstate carrier drinking water quality standards.
Congressional Research Service

2

link to page 17 link to page 31 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

to issue a guidance document and testing protocol for states to help schools and day care centers
identify and correct lead contamination in school drinking water. The 1988 law also had required
states to establish remedial action programs for removing lead from school drinking water (see
discussion under “Lead in School Drinking Water”).
After the regulatory schedule mandated in the 1986 amendments proved to be unworkable for
EPA, states, and public water systems, the 104th Congress made sweeping changes to the act with
the SDWA Amendments of 1996 (P.L. 104-182). As overarching themes, the amendments were
intended to target resources to address the greatest health risks, increase the compliance capacity
of public water systems, provide some regulatory flexibility (particularly for small systems,
which lack economies of scale), and provide funding to help public water systems comply with
federal drinking water mandates. Congress revoked the requirement that EPA regulate 25 new
contaminants every three years and created a risk-based approach for selecting contaminants for
regulation.
Among other changes, Congress
 added some flexibility to the standard-setting process,
 required EPA to publish health risk reduction and cost analyses for new rules,
 authorized a drinking water state revolving loan fund (DWSRF) program to help
water systems finance infrastructure projects needed to comply with SDWA
regulations and protect public health,
 added a suite of provisions intended to improve small system compliance,
 expanded consumer reporting requirements,
 expanded monitoring for unregulated contaminants,
 increased the act’s focus on pollution prevention with a state source water
assessment program, and
 streamlined the act’s enforcement provisions.
P.L. 104-182 authorized appropriations under the act through FY2003. Authorizations of
appropriations under SDWA are identified in Table 4.
In 2002, several drinking water security provisions were added to SDWA through the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188). Title IV
of that act added requirements for community water systems serving more than 3,300 individuals
to conduct vulnerability assessments and prepare emergency response plans. The law increased
criminal and civil penalties for tampering with water supplies and directed EPA to conduct
research on preventing and responding to terrorist or other intentional acts.
Signed into law on January 4, 2011, the Reduction of Lead in Drinking Water Act (P.L. 111-380)
tightened the SDWA definition of “lead free” and specified exemptions from the ban on the use or
sale of lead pipes and plumbing fittings and fixtures that are not lead free.6 Enacted August 7,
2015, the Drinking Water Protection Act (P.L. 114-45) directed EPA to develop a strategic plan to
assess and manage the risks associated with algal toxins in public drinking water supplies.
Enacted December 11, 2015, the Grassroots Rural and Small Community Water Systems
Assistance Act (P.L. 114-98) revised and reauthorized the small system technical assistance
program and extended the authorization of appropriations for the program through FY2020.

6 A subsequent amendment (P.L. 113-64) added fire hydrants to the list of products exempted from the act’s lead
plumbing restrictions.
Congressional Research Service

3

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Enacted in December 2016, the Water Infrastructure Improvements for the Nation (WIIN) Act
(P.L. 114-322) made numerous amendments to SDWA, with particular focus on addressing lead
in public water systems, expanding public notification requirements, and increasing compliance
assistance for small or disadvantaged communities. Among other amendments, Title II of the
WIIN Act authorized new grant programs to (1) help public water systems serving small or
disadvantaged communities meet SDWA requirements; (2) support lead reduction projects,
including lead service line replacement; and (3) establish a voluntary program for testing for lead
in drinking water at schools and child care programs.7
Enacted in October 2018, America’s Water Infrastructure Act (AWIA) amended SDWA DWSRF
provisions to reauthorize appropriations for the DWSRF program and revise the program to
facilitate disadvantaged communities’ access to financial assistance by increasing the portion that
states may use for additional subsidization of loans and by lengthening repayment periods. AWIA
also authorized new competitive grant programs for activities that are broadly intended to help
communities afford drinking water infrastructure improvements needed to achieve compliance
with federal drinking water standards and protect public health. Other new SDWA programs in
AWIA authorize grants for projects and activities that (1) improve drinking water system
sustainability and resiliency, (2) develop water system capacity to respond to contamination or
other events, and (3) address lead in school drinking water.
Enacted December 20, 2019, the National Defense Authorization Act (NDAA) for Fiscal Year
2020 (P.L. 116-92) included multiple provisions addressing PFAS, including several SDWA-
related provisions.8 P.L. 116-92, Section 7311, directed EPA to require public water systems to
conduct monitoring for all PFAS that have validated test methods in the next round of monitoring
for unregulated contaminants. Section 7312 amended SDWA to establish a DWSRF grant
program to assist water systems in addressing PFAS and other emerging contaminants. Section
7312 authorized appropriations of $100 million annually for FY2020-FY2024 for this purpose.
Regulated Public Water Systems
Federal drinking water regulations apply to the approximately 144,650 privately and publicly
owned water systems that provide piped water for human consumption to at least 15 service
connections or that regularly serve at least 25 people. These water systems vary greatly in size
and type, ranging from large municipal systems to systems operated by homeowner associations,
schools, and campgrounds.
Nearly 49,600 of the regulated public water systems are community water systems (CWSs), which
serve the same residences year-round. These water systems provide water to more than 312
million people. All federal regulations apply to these systems. Most community water systems
(81%) are relatively small, serving 3,300 or fewer individuals. Despite this large percentage,
these systems provide water to just 7.6% of the total population served by community water
systems. Roughly 91% of CWSs serve populations of 10,000 or fewer, and 54% serve
populations of 500 or fewer. In contrast, fewer than 9% of CWSs serve populations of 10,000 or
more but provide water to 83% of the population served (nearly 260 million individuals).

7 For background on recent concerns regarding lead in drinking water, see CRS Report R46794, Addressing Lead in
Drinking Water: The Lead and Copper Rule Revisions (LCRR), by Elena H. Humphreys; CRS In Focus IF11302,
Controlling Lead in Public Drinking Water Supplies, by Elena H. Humphreys; and CRS In Focus IF10446, Regulating
Lead in Drinking Water: Issues and Developments, by Mary Tiemann.
8 For more information, see CRS Report R45793, PFAS and Drinking Water: Selected EPA and Congressional
Actions.
Congressional Research Service

4

link to page 9 link to page 9 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Another 17,457 public water systems are non-transient non-community water systems, such as
schools or factories, which have their own water system and generally serve the same individuals
for more than six months but not year-round. Most drinking water regulations apply to these
systems. Of these water systems, roughly 99% serve populations of 3,300 or fewer and provide
water to 71% of the population served by these systems. Another 77,600 public water systems are
transient non-community water systems, such as campgrounds and gas stations, which provide
their own water to transitory customers. Only regulations for contaminants that pose immediate
health risks apply to these systems.9 Approximately 89,400 of the 95,000 non-community water
systems (transient and non-transient systems combined) serve 500 or fewer people.
The statistics above give some insight into the scope of financial, managerial, and technological
challenges small public water systems may face in meeting federal drinking water regulations and
maintaining water infrastructure to ensure the delivery of safe and sufficient water supplies. Table
2 provides key statistics for community water systems, non-transient non-community water
systems, and transient non-community water systems.
Table 2. Key Statistics for Public Water Systems Regulated Under SDWA

Water System Size

Very Small
Small
Medium
Large
Very Large
Total

Population served
500 or
501 to
3,301 to
10,001 to
100,001 or
fewer
3,300
10,000
100,000
more

Community
# of Systems
26,885
13,291
5,018
3,954
443
49,591
water
system
Pop. Served
4,538,205
19,139,653
29,480,771
113,932,781
145,630,947
312,722,357
% of Systems
54.21%
26.80%
10.12%
7.97%
0.89%
100%
% of Pop. Served
1.45%
6.12%
9.43%
36.43%
46.57%
100%
Non-
# of Systems
14,806
2,454
158
38
1
17,457
transient
non-
Pop. Served
2,061,850
2,633,440
858,567
801,416
203,375
6,558,648
community
% of Systems
84.81%
14.06%
0.9%
0.22%
0.01%
100%
system
% of Pop. Served
31.44%
40.15%
13.09%
12.22%
3.10%
100%
Transient
# of Systems
74,597
2,921
74
12
1
77,605
non-
community
Pop. Served
6,942,296
2,739,119
383,603
247,616
2,000,000
12,312,634
system
% of Systems
96.12%
3.76%
0.10%
0.02%
0.00%
100%
% of Pop. Served
56.38%
22.25%
3.12%
2.01%
16.24%
100%
Total
# of Systems
116,288
18,666
5,250
4,004
445
144,653
Source: Prepared by CRS from EPA’s Safe Drinking Water Information Systems, Water System Summary
report generated on October 23, 2020. The search parameters were “public water systems.”
Notes: EPA has established three broad categories of public water systems. A community water system (CWS)
serves the same population year-round. A non-transient non-community water system (NTNCWS) regularly
supplies water to at least 25 of the same people at least six months per year but not year-round (e.g., schools,
factories, office buildings, and hospitals that have their own wells). Transient non-community water systems

9 EPA’s long-standing policy is to exclude transient systems from drinking water regulations except for those
contaminants, such as nitrate, that have the potential to cause immediate adverse human health effects resulting from
short-term exposure. (Source: EPA, National Primary Drinking Water Regulation on Lead and Copper, minor
revisions, January 12, 2000 [65 Federal Register 1950].)
Congressional Research Service

5

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

(TNCWS) provide water in places where people do not remain for long periods, such as gas stations and
campgrounds.
National Drinking Water Regulations
A key component of SDWA is the requirement that EPA promulgate national primary drinking
water regulations for contaminants that may pose health risks and are likely to be present in
public water supplies. Section 1412 instructs EPA on how to select contaminants for regulation
and specifies how and when EPA must establish regulations once a contaminant has been
selected.10 The regulations apply to privately and publicly owned “public water systems” that
provide piped water for human consumption to at least 15 service connections or that regularly
serve at least 25 people. EPA has issued regulations for more than 90 contaminants, including
regulations setting standards or treatment techniques for drinking water disinfectants and their
byproducts, microorganisms (e.g., E. coli, Cryptosporidium, and Legionella), radionuclides,
organic chemicals (e.g., benzene and many pesticides), and inorganic chemicals (e.g., arsenic and
lead).11
Contaminant Selection and Regulatory Schedules
SDWA directs EPA to promulgate a drinking water regulation for a contaminant if the
Administrator determines that the following three criteria are met:
1. the contaminant may have adverse health effects;
2. it is known, or there is a substantial likelihood, that the contaminant will occur in
public water systems with a frequency and at levels of public health concern; and
3. its regulation presents a meaningful opportunity for health risk reduction for
persons served by public water systems.12
Every five years, EPA must publish a list of unregulated contaminants that are known or
anticipated to occur in public water systems and that may require regulation (known as a
contaminant candidate list [CCL]).13 SDWA further directs EPA to administer a monitoring
program for unregulated contaminants to facilitate the collection of occurrence data for
contaminants that are not regulated but are suspected to be present in public water supplies. Every
five years, EPA must publish a rule (Unregulated Contaminant Monitoring Rule [UCMR]) listing
no more than 30 unregulated contaminants to be monitored by public water systems.14 This list is
based on the contaminant candidate lists as well as other data.15 The 2020 NDAA (P.L. 116-92,

10 For a discussion of SDWA Section 1412, see CRS Report R46652, Regulating Contaminants Under the Safe
Drinking Water Act (SDWA).
11 For information on drinking water contaminant regulations and standards, see EPA, “Current Drinking Water
Standards,” http://water.epa.gov/lawsregs/rulesregs/sdwa/currentregulations.cfm.
12 SDWA §1412(b)(1)(a); 42 U.S.C. §300g-1(a)(1).
13 Ibid., §1412(b)(1); 42 U.S.C. §300g-1(b)(1).
14 SDWA §1445(a)(2); 42 U.S.C. §300j-4(a)(2). For more information, see EPA, “Unregulated Contaminant
Monitoring Program,” http://water.epa.gov/lawsregs/rulesregs/sdwa/ucmr/. Section 2021(a) of AWIA added SDWA
Section 1445(j) to expand unregulated contaminant monitoring requirements to include public water systems serving
3,300-10,000 individuals—subject to the availability of appropriations for this purpose and lab capacity. This
requirement enters into effect three years after the enactment date of AWIA (i.e., October 23, 2021). This section
authorizes $15.0 million to be appropriated for each year from FY2019 through FY2021 to support the expanded
monitoring.
15 All systems serving more than 10,000 people and a representative sample of smaller systems must monitor for the
Congressional Research Service

6

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

§7311) directed EPA to include in the fifth unregulated contaminant monitoring rule (UCMR 5)
every PFAS for which EPA has a validated method for measuring the substance in drinking
water.16 Every five years, EPA is required to make a regulatory determination (whether or not to
regulate) for at least five of the contaminants included on the CCL.
Standard Setting
For each contaminant that EPA determines requires regulation, EPA is required to set a
nonenforceable maximum contaminant level goal (MCLG) at a level at which no known or
anticipated adverse health effects occur and provides an adequate margin of safety.17 EPA must
then set an enforceable standard, a maximum contaminant level (MCL), as close to the MCLG as
is “feasible” using best technology, treatment techniques, or other means available (taking costs
into consideration).18 Once the Administrator makes a determination to regulate a contaminant,
EPA is required to propose a rule within 24 months and promulgate a final rule (“national primary
drinking water regulation”) within 18 months after the proposal.19
EPA may set a standard at other than the feasible level if the feasible level would lead to an
increase in health risks by increasing the concentration of other contaminants or by interfering
with the treatment processes used to comply with other SDWA regulations. In such cases, the
standard or treatment technique must minimize the overall health risk. Also, when proposing a
regulation, EPA is required to publish a determination as to whether or not the benefits of the
standard justify the costs. If EPA determines that the benefits do not justify the costs, the agency
may, in certain cases, promulgate a standard that maximizes health risk reduction benefits at a
cost that is justified by the benefits.20
Referencing legislative history, the agency generally sets standards based on technologies that are
affordable for large communities. As amended by P.L. 104-182, the act requires EPA, when
issuing a regulation for a contaminant, to list any technologies or other means that comply with
the MCL and are affordable for small public water systems serving populations of 10,000 or
fewer. If EPA does not identify “compliance” technologies that are affordable for small systems,
then the agency must identify small system “variance” technologies or other means that may not
achieve the MCL but are protective of public health. EPA has determined that affordable

contaminants. EPA is required to cover the costs associated with “small” system monitoring (i.e., systems serving from
25 to 10,000 persons). The resulting data are added to the National Contaminant Occurrence Database.
16 EPA proposed the fifth Unregulated Contaminant Monitoring Rule on March 11, 2021. See EPA, “Revisions to the
Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public
Meeting,” 86 Federal Register 13846-13872, March 11, 2021. The proposed rule would require public water systems to
conduct monitoring for 29 PFAS and lithium. For more information, see EPA, “Unregulated Contaminant Monitoring
Program,” http://water.epa.gov/lawsregs/rulesregs/sdwa/ucmr/.
17 SDWA, §1412(b)(4); 42 U.S.C. §300g-1(b)(4). For carcinogens, the MCLG is generally set at zero. For
noncarcinogens, EPA generally has set the MCL at the same level as the MCLG.
18 The level at which EPA is able to set the MCL is determined by the ability of a treatment technology to reduce a
contaminant to a certain level. EPA’s ability to set the MCL at the MCLG also depends on the availability of a test
method that is sensitive enough to detect the contaminant at the MCLG. Under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA or “Superfund”), MCLs may be considered in selecting
remedial actions for releases of hazardous substances, pollutants, and other contaminants (42 U.S.C. §9621(d)).
However, CERCLA establishes liability only for releases of hazardous substances, as defined in CERCLA (42 U.S.C.
§9601(14)).
19 SDWA, §1412(b)(2); 42 U.S.C. §300g-1(b)(2).
20 For further discussion, see CRS Report R46652, Regulating Contaminants Under the Safe Drinking Water Act
(SDWA).
Congressional Research Service

7

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

compliance technologies are available for all existing standards; thus, the agency has not
identified any small system variance technologies.
New regulations generally become effective three years after promulgation. Up to two additional
years may be allowed if EPA (or a state in the case of an individual system) determines the time is
needed for capital improvements.21 EPA is required to review and revise, as appropriate, each
drinking water regulation every six years.22 (Section 1448 outlines procedures for judicial review
of EPA actions involving the establishment of SDWA regulations and other final EPA actions.)
Risk Assessment and Cost-Benefit Analysis
In the 1996 amendments, Congress added risk assessment and risk communication provisions to
SDWA.23 When developing regulations, EPA is required to (1) use the best available, peer-
reviewed science and supporting studies and data; and (2) make publicly available a risk
assessment document that discusses estimated risks, uncertainties, and studies used in the
assessment. When proposing drinking water regulations, EPA must publish a “health risk
reduction and cost analysis.” For each drinking water standard and each alternative standard
being considered, EPA must publish and take comment on quantifiable and nonquantifiable health
risk reduction benefits and costs and also conduct other specified analyses. If the Administrator
determines that a contaminant presents an urgent threat to public health, EPA may promulgate an
interim standard without first preparing a health risk reduction and cost analysis or making a
determination as to whether the benefits of a regulation would justify the costs.
Variances and Exemptions
In anticipation that some public water systems, particularly smaller ones, could have difficulty
complying with every drinking water regulation, Congress included in SDWA provisions for
variances and exemptions.
Section 1415 authorizes a state to grant a public water system a variance from a standard if raw
water quality prevents meeting the standard despite application of best technology and the
variance does not result in an unreasonable risk to health.
Subsection 1415(e) authorizes variances specifically for small systems, based on application of
best affordable technology. When developing a regulation, if EPA cannot identify a technology
that meets the standard and is affordable for small systems, EPA must identify variance
technologies that are affordable but do not necessarily meet the standard. In cases where EPA has
identified variance technologies, then states may grant small system variances to systems serving
3,300 or fewer persons if the system cannot afford to comply with a standard (through treatment,
an alternative water source, or restructuring) and the variance ensures adequate protection of
public health. A state may then grant a variance to a small system, allowing the system to use a
variance technology to comply with a regulation. With EPA approval, states may also grant
variances to systems serving between 3,301 and 10,000 persons. Variances are not available for

21 SDWA, §1412(b)(10); 42 U.S.C. §300g-1(b)(10).
22 SDWA, §1412(b)(9); 42 U.S.C. §300g-1(b)(9). This provision specifies that “any revision shall maintain, or provide
for greater, protection of the health of persons.”
23 SDWA, §1412(b)(3); 42 U.S.C. §300g-1(b)(3).
Congressional Research Service

8

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

microbial contaminants. EPA has determined that affordable compliance technologies are
available for all existing standards.24 Thus, small system variances are not available.
Section 1416 authorizes states to grant public water systems temporary exemptions from
standards or treatment techniques if a system cannot comply for other compelling reasons
(including costs). An exemption provides a water system more time to comply with a regulation
and can be issued only if it will not result in an unreasonable health risk. A qualified system may
receive an exemption for up to three years beyond the compliance deadline. Systems serving
3,300 or fewer persons may receive a maximum of three additional two-year extensions for a total
exemption duration of nine years.
Oversight of Public Water Systems: State Primacy
Section 1413 authorizes states, territories, and Indian tribes to assume primary oversight and
enforcement responsibility (primacy) for public water systems when EPA determines that
statutory criteria are met.25 Currently, 55 of 57 states and territories have primacy authority for the
public water system supervision (PWSS) program.26 To assume primacy, a state27 must adopt
regulations at least as stringent as federal requirements, develop adequate procedures for
enforcement (including conducting monitoring and inspections), adopt authority for
administrative penalties, conduct inventories of water systems, maintain records and compliance
data, and make reports as EPA may require. Further, a state must develop a plan for providing
safe drinking water under emergency circumstances.
SDWA authorizes grants to states to help cover the costs of administering the PWSS program.28
Congress authorized to be appropriated $100 million annually for each of FY1997-FY2003 for
EPA to make PWSS grants to the states. Although the authority expired, Congress has continued
to appropriate funds for the ongoing PWSS program.29 In AWIA, Congress reauthorized
appropriations for the PWSS program for FY2020 and FY2021, increasing the authorized
appropriation level to $125 million for each of these two fiscal years. EPA is required to allot the
sums among the states “on the basis of population, geographical area, number of public water
systems, and other relevant factors.”30 Additionally, states may use up to 10% of their annual
DWSRF capitalization grant under Section 1452 to cover the costs of administering the PWSS
program.31

24 For more information, see EPA website “Small Drinking Water System Variances” at https://www.epa.gov/sdwa/
small-drinking-water-system-variances.
25 SDWA §1413; 42 U.S.C. §300g-2. SDWA Section 1401(13)(A) defines “state” to include the several states and, for
most purposes, “the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.” Section 1401(B) provides that for
purposes of Section 1452 (State Revolving Loan Funds), “state” means “each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.” Tribes are defined separately at Section 1401(14).
26 All states (except Wyoming and the District of Columbia), territories, and Navajo Nation have primacy. EPA
oversees water systems in nonprimacy areas and retains oversight of primacy states.
27 Section 1451 (42 U.S.C. §300j-11) generally authorizes EPA Administrator to treat Indian tribes as states under
SDWA.
28 SDWA, §1443; 42 U.S.C. §300j-2.
29 Although House and Senate rules generally require a current authorization in law prior to an appropriation, these
rules are procedural requirements for floor consideration and may be waived or not enforced to allow the consideration
of appropriations to proceed.
30 SDWA §1443(a)(4); 42 U.S.C. §300j-2(a)(4).
31 Section 1452(g) authorized states to use up to an additional 10% of their annual grants for various purposes,
Congressional Research Service

9

link to page 18 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Enforcement, Consumer Information, and
Citizen Suits
SDWA requires public water systems to monitor their water supplies to ensure compliance with
drinking water regulations and to report monitoring results to the states. States review monitoring
data submitted by public water systems, and conduct their own monitoring, to determine system
compliance with drinking water regulations. EPA monitors public water system compliance
primarily by reviewing data submitted by the states. SDWA includes several provisions intended
to address public water system compliance capacity; for a discussion of some of these provisions,
see “Consolidation Incentives to Achieve Compliance.”
Section 1414 requires that, whenever EPA finds that a public water system in a state with primary
enforcement authority does not comply with regulations, the agency must notify the state and the
system and provide assistance to bring the system into compliance. If the state fails to commence
enforcement action within 30 days after the notification, EPA is authorized to issue an
administrative order or commence a civil action. In a nonprimacy state, EPA is required to notify
an elected local official (if any has jurisdiction over the water system) before commencing an
enforcement action against the system.
The 1996 amendments strengthened enforcement authorities available to EPA and primacy states,
streamlined the process for issuing federal administrative orders, increased administrative penalty
amounts, made more sections of the act clearly subject to EPA enforcement, and required states
(as a condition of primacy) to have administrative penalty authority. The amendments also
provided that no enforcement action may be taken against a public water system that has a plan to
consolidate with another system.32
Consumer Information and Reports
SDWA enforcement provisions also require public water systems to notify customers of violations
of drinking water standards or other requirements, such as monitoring and reporting requirements.
Under Section 1414(c)(1), systems are required to notify customers within 24 hours of any
violations that have the potential to cause serious adverse health effects. The WIIN Act added
public notification requirements for water system exceedances of the lead action level under
EPA’s Lead and Copper Rule (or subsequent promulgated lead level).33
Prior to the WIIN and AWIA amendments, notification requirements applied to violations of
standards and other applicable requirements but not to exceedances. Water systems must now
notify the public, the state, and EPA of system lead action level exceedances. Further, for an
exceedance that has potential to cause serious adverse health effects from short-term exposure, a
water system must notify the public, the state, and EPA within 24 hours. If the state or water

including administering the PWSS program, implementing a capacity development strategy (§1420(c)), administering
an operator certification program (§1419), and administering or providing technical assistance through source water
protection programs. However, states were required to match such expenditures dollar for dollar. The WIIN Act
removed this state match requirement. SDWA authorizes states to use an additional 2% of the annual grant to provide
technical assistance to public water systems serving 10,000 or fewer persons.
32 For enforcement information, statistics, and compliance reports, see EPA website, Providing Safe Drinking Water in
America: National Public Water Systems Compliance Report, https://www.epa.gov/compliance/providing-safe-
drinking-water-america-national-public-water-systems-compliance-report.
33 WIIN Act, §2106. An exceedance of the lead action level is not a violation of the Lead and Copper Rule; as such,
public notification of such exceedances was not required prior to this WIIN amendment.
Congressional Research Service

10

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

system does not provide the required notice, EPA must notify the public within 24 hours after the
Administrator is notified.
The WIIN Act further amended SDWA to address lead action level exceedances at individual
households. EPA is required to develop a strategic plan for providing targeted outreach,
education, and technical assistance to populations affected by lead in the water system. Also, if
EPA develops or receives data indicating that a household’s water exceeds the lead action level,
EPA is required to forward the data and testing information to the water system and the state. The
water system is required to provide the data and other specified information to the affected
households. Within 24 hours of learning that a water system has failed to do so, EPA is required
to consult with the governor and, using the strategic plan, provide the information to the
households no later than 24 hours after the end of the consultation period.
Section 1414 also requires community water systems serving fewer than 10,000 people to mail to
all customers an annual “consumer confidence report” on contaminants detected in their drinking
water. Operators of public water systems serving more than 10,000 consumers are required to
provide confidence reports biannually. 34 As amended by AWIA, public water system operators
are required to report specified lead action level exceedances, as well as any violations of SDWA
that occurred during the monitoring period.35 States are required to prepare annual reports on the
compliance of public water systems and to make summaries available to EPA and the public; EPA
must prepare annual national compliance reports.36 As amended by AWIA, EPA is required to
develop a strategic plan to improve the accuracy and availability of monitoring data shared
between public water systems, the primacy states, and EPA.37
Citizen Suits
Section 1449 provides for citizens’ civil actions. Citizen suits may be brought against any person
or agency allegedly in violation of SDWA requirements or against the EPA Administrator for
alleged failure to perform any action or duty that is not discretionary.
Emergency Powers
Under Section 1431, the Administrator has emergency powers to issue orders and commence civil
action if (1) a contaminant likely to enter a public drinking water supply system poses a
substantial threat to public health, and (2) state or local officials have not taken adequate action.
The Bioterrorism Act amended this section to specify that EPA’s emergency powers include the
authority to act when there is a threatened or potential terrorist attack or other intentional act to
disrupt the provision of safe drinking water or to impact the safety of a community’s drinking
water supply.

34 Added by AWIA §2008.
35 AWIA, §2008.
36 SDWA, §1414(c); 42 U.S.C. §300g-3(c).
37 SDWA, §1414(j); 42 U.S.C. §300g-3(j). The strategic plan must identify barriers to (1) ensuring the accuracy of
reported data, (2) submitting data electronically, and (3) retrieving reported data. The plan must also recommend
economically feasible and practical ways to transmit monitoring data. AWIA established a one-year time frame for the
plan.
Congressional Research Service

11

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Lead in Drinking Water
Several SDWA provisions specifically address lead in drinking water. In addition to the public
notification provisions discussed above, SDWA strictly limits the amount of lead in pipes and
plumbing materials used to provide drinking water, imposes public notice and education
requirements on states and EPA, and includes two grant programs (authorized in the WIIN Act).
These provisions are outlined below.
Lead-Free Plumbing
Section 1417 broadly prohibits the use of any pipe, pipe or plumbing fitting or fixture, solder, or
flux in the installation or repair of public water systems or plumbing in residential or other
facilities providing drinking water that is not “lead free” (as defined in the act). This section also
makes it unlawful to sell solder or flux that is not lead-free (unless it is properly labeled) or pipes,
plumbing fittings, or fixtures that are not lead-free, with the exception of pipes used in
manufacturing or industrial processing or other specific exceptions.38 Added in 1986, Section
1417(d) defined “lead free” to mean not more than 0.2% lead for solders and fluxes and not more
than 8% lead for pipes and pipe fittings. The law gives states, not EPA, the responsibility to
enforce the prohibitions.
In 1996, Congress added Section 1417(e), directing EPA to issue regulations setting health-based
performance standards limiting the amount of lead that may leach from new plumbing fittings and
fixtures unless a voluntary industry standard was established within one year of enactment. An
industry standard was established.
Enacted January 4, 2011, the Reduction of Lead in Drinking Water Act (P.L. 111-380) amended
Section 1417 to revise the SDWA definition of “lead free” and to add new exemptions from
prohibitions on the use or sale of lead pipes, plumbing, and fittings and fixtures. The act reduced
the allowable level of lead in products in contact with drinking water from 8.0% to 0.25%
(weighted average)39 and exempted from the general prohibitions “pipes, pipe fittings, plumbing
fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable
services ... where the water is not anticipated to be used for human consumption;” and certain
specified products.
P.L. 111-380 removed the reference to Section 1417(e), which required that plumbing fittings and
fixtures “intended by the manufacturer to dispense water for human ingestion” must comply with
the industry standard. Rather, these products became subject to the definition of “lead free” in
Section 1417(d). The provisions of P.L. 111-380 became effective on January 4, 2014. Any
product that does not meet the 0.25% lead limit may no longer be sold or installed unless it is

38 42 U.S.C. §300g-6. From 1986 through January 3, 2014, “lead free” under SDWA Section 1417(d) was defined to
mean not more than 0.2% lead for solders and fluxes and not more than 8% lead for pipes and pipe fittings. The 1996
SDWA amendments further provided that, for plumbing fittings and fixtures, “lead free” referred to plumbing fittings
and fixtures in compliance with industry standards established under Section 1417(e).
39 As amended in 2011, Section 1417(d) defines “lead free” to mean “(A) not containing more than 0.2% lead when
used with respect to solder and flux (unchanged from existing law); and (2) not more than a weighted average of 0.25%
lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.” P.L. 111-380
established a formula to calculate the weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture.
Congressional Research Service

12

link to page 20 link to page 20 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

exempt from the general prohibitions.40 On September 1, 2020, EPA promulgated a final rule
revising regulations in conformity with the provisions of P.L. 111-380.41
Added in 1986, Section 1417(a)(2) requires owners or operators of public water systems to
provide notice to persons that may be affected by lead contamination of their drinking water if the
source of contamination results from the construction materials of the water system or from
corrosivity of the water. Subsection 1417(f), added in 2016 by the WIIN Act, requires EPA to
make educational information regarding lead in drinking water broadly available to the public.
Lead Reduction Project Grants
Also added by the WIIN Act, SDWA Section 1459B directs EPA to establish a grant program for
projects and activities that reduce lead in drinking water, including replacement of lead service
lines and corrosion control. Grants may be used to provide assistance to low-income homeowners
to replace their portions of lead service lines. Eligible recipients include community water
systems, tribal systems, schools, states, and municipalities. EPA is required to give funding
priority to disadvantaged communities for projects that address lead action level exceedances,
lead in water at schools and day care facilities, or other EPA priorities. EPA may waive the 20%
nonfederal cost share requirement. This section authorizes to be appropriated $60 million per year
for FY2017 through FY2021. Additionally, public water systems may receive assistance for
various lead reduction projects through the DWSRF program (discussed below under “Drinking
Water State Revolving Funds”).
Lead in School Drinking Water
The WIIN Act, Section 2107, repealed and replaced SDWA Subsection 1464(d) to require EPA to
establish a voluntary program for testing for lead in drinking water at schools and child care
programs under the jurisdiction of local education agencies (LEAs).42 States or LEAs may apply
to EPA for grants. To support this grant program, Congress authorized to be appropriated $20
million per year for FY2017 through FY2021. In AWIA, Congress increased the authorization of
appropriation for this program to $25 million for FY2020 and FY2021.

40 In October 2013, EPA announced that fire hydrants would not qualify for the exclusion for pipes, fittings, and
fixtures used exclusively for nonpotable services and, thus, would be required to meet the new lead-free standards.
(EPA, Summary of the Reduction of Lead in Drinking Water Act and Frequently Asked Questions, EPA 815-S-13-001,
October 2013, p. 5.) Enacted in December 2013, H.R. 3588, the Community Fire Safety Act of 2013 (P.L. 113-64),
amended SDWA to clearly exempt fire hydrants from coverage under Section 1417. P.L. 113-64 also directed EPA to
(1) consult with the National Drinking Water Advisory Council on potential revisions to the SDWA regulations for
lead, and (2) request the council to consider lead sources throughout the drinking water distribution system, including
components used to reroute water during repairs.
41 EPA, “Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water,” 85 Federal Register 54235-
54259, September 1, 2020.
42 WIIN Section 2107 repealed and replaced SDWA Section 1464(d) [42 U.S.C. §300j-24(d)], Remedial Action
Program. This provision, added by the Lead Contamination Control Act of 1988 (P.L. 100-572), required states to
establish remedial action programs for removing lead from school drinking water. This included repairing, replacing,
removing, or rendering inoperable all drinking water coolers that were not lead free. In 1996, the U.S. Court of Appeals
for the Fifth Circuit found the requirements to be “an unconstitutional intrusion upon the States’ sovereign prerogative
to legislate as it sees fit” (in violation of the Tenth Amendment). ACORN v. Edwards, 81 F.3rd 1837 (5th Cir. 1996). The
WIIN Act also repealed SDWA Section 1465 (42 U.S.C. §300j-25), which had authorized grants to states to carry out
Section 1464(d).
Congressional Research Service

13

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Drinking Water Fountain Replacement for Schools
AWIA, Section 2006(b), authorized the Drinking Water Fountain Replacement for Schools
program, in new SDWA Section 1465. This section requires EPA to implement a competitive
grant program to provide funds to LEAs for replacing drinking water fountains manufactured
prior to 1988. To support this grant program, Congress authorized annual appropriations of $5
million for FY2019-FY2021.
Compliance Capacity and Assistance Programs
SDWA includes a suite of provisions intended to support public water systems’ ability to meet
drinking water standards. The 1996 amendments added two state-administered programs aimed at
improving public water system compliance with drinking water regulations: the operator
certification program and the capacity development program. Section 1419 required states to
adopt programs for training and certifying operators of community and non-transient non-
community systems (e.g., schools and workplaces that have their own wells). EPA is required to
withhold 20% of a state’s annual DWSRF grant unless the state adopts and implements an
operator certification program. Relatedly, Section 1420 required states to establish capacity
development programs, also based on EPA guidance. Congress specified that state programs
include (1) legal authority to ensure that new systems have the technical, managerial, and
financial capacity to meet SDWA requirements; and (2) a strategy to assist existing systems that
are experiencing difficulties to come into compliance. EPA is required to withhold a portion of
SRF grants from states that do not have capacity development strategies. The agency has not had
to withhold funds under either of these programs.
Consolidation Incentives to Achieve Compliance
In 1996, Congress amended SDWA enforcement provisions to allow limited and temporary
enforcement relief as an incentive for significantly noncompliant public water systems to
consolidate with, transfer ownership to, or be managed by, another system.43 SDWA Section
1414(h) allows any public water system to submit to the primacy state or EPA a plan for the
physical consolidation or the consolidation of management and administrative functions with
another system, or the transfer of ownership of a public water system, to correct identified
violations.44
AWIA amended SDWA Section 1414(h) to provide that in addition to the physical or
management consolidation or transfer of ownership, a public water system can also submit a plan
to execute a contractual agreement with another public water system to manage the noncompliant
public water system.45 If the primacy state or EPA approves the plan to consolidate or transfer
ownership, enforcement action against that public water system for the specified violation would
not be taken for two years.46 AWIA 2018 further amended SDWA Section 1414(h) to authorize
states, under certain circumstances, to require individual public water systems to assess options

43 42 U.S.C. §300g-3(h)(2).
44 Under SDWA Section 1413, states that meet statutory criteria may assume primary enforcement responsibility
(primacy) for public water system compliance with SDWA requirements.
45 America’s Water Infrastructure Act of 2018 (AWIA 2018; P.L. 115-270), §2009.
46 42 U.S.C. §300g-3(h)(2).
Congressional Research Service

14

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

for consolidation or transfer of ownership.47 Any public water system undertaking such actions
pursuant to a mandatory assessment may receive a Drinking Water State Revolving Fund
(DWSRF) loan to carry out the consolidation, transfer, or other action.48 (Generally, DWSRF
assistance may not be provided to public water systems that are in significant noncompliance with
drinking water regulations or that lack the technical, managerial, and financial capacity to ensure
compliance with the act.49)
SDWA Section 1414(h)(5) provides limited liability protection for the water system owner or
operator who has a state-approved consolidation plan. In the consolidation plan, the owner or
operator of the public water system must identify any potential or existing liabilities from specific
violations and their available assets. This provision also limits the liability of a consolidating
system to the amount of its assets and to the liabilities identified in the plan.50
Small System Technical Assistance
In addition to the above compliance assistance programs, the act authorizes EPA and states to
provide compliance assistance specifically to small public water systems (serving from 25 to
10,000 customers). Accounting for 92% of community water systems, these small systems
frequently lack both economies of scale and the financial, managerial, and technical capacity to
meet SDWA requirements.
Added in 1996, Subsection 1442(e) authorizes EPA to provide technical assistance to small public
water systems. In this subsection, Congress authorized to be appropriated $15 million annually
for FY1997 through FY2003 for EPA to provide technical assistance to small water systems
through nonprofit organizations or other means. The Grassroots Rural and Small Community
Water Systems Assistance Act (P.L. 114-98), enacted December 11, 2015, revised this program
and extended the authorization of appropriations through FY2020. The technical assistance is
intended to enable small systems to achieve and maintain compliance with drinking water
regulations. Technical assistance may include circuit-rider and multistate regional technical
assistance programs, training, and assistance in implementing regulations, source water protection
plans, monitoring plans, water security enhancements, etc. The WIIN Act amended Section 1442
to specify that technical assistance grants to tribes may be used for operator training and
certification.

47 SDWA Section 1414(h) outlines the specific circumstances under which EPA or a state can require a consolidation
assessment. Specifically, EPA or states may require an assessment if a public water system (1) has repeatedly violated
one or more primary drinking water regulations, and is unable or unwilling to take feasible and affordable actions to
address compliance with SDWA or has undertaken actions to address compliance, but has not achieved compliance; (2)
when a consolidation, transfer, or other action is feasible; and (3) when a consolidation will result in greater compliance
with SDWA. 42 U.S.C. §300g-3(h)(3).
48 SDWA §1414(h)(4); 42 U.S.C. §300g-3(h)(4).
49 SDWA §1452(a)(3)(A); 42 U.S.C. 42 U.S.C. §300j-12(a)(3)(A). SDWA Section 1452(a)(3)(B) allows states to
provide DWSRF financial assistance to noncompliant public water systems if such assistance would ensure compliance
with the act and “the owner or operator of the system agrees to undertake feasible and appropriate changes in
operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply,
or other procedures) if the State determines that the measures are necessary to ensure that the system has the technical,
managerial, and financial capability to comply with the requirements of this title over the long term.”
50 AWIA 2018 Section 2010 requires EPA to promulgate regulations by October 23, 2020, to implement these
provisions. Information regarding the development of a Water System Restructuring rule is available at
https://www.epa.gov/sites/production/files/2019-07/documents/awia-_restructuring_rule_factsheet.pdf.
Congressional Research Service

15

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Relatedly, SDWA Section 1452, establishing the DWSRF program, authorized another source of
funding for this technical assistance. SDWA Section 1452(q) authorized EPA to set aside up to
2% of the total funds appropriated for the DWSRF program for each of FY1997 through FY2003
to carry out the provisions of Section 1442(e) (relating to technical assistance for small systems,
not to exceed the amount authorized in Section 1442(e)).51 In the WIIN Act (P.L. 114-322,
§2110), Congress extended this set-aside authority through FY2021.
Grant Assistance for Small and Disadvantaged Communities
Another provision added by the WIIN Act to SDWA (Section 1459A) directs EPA to establish a
grant program to assist disadvantaged communities and small communities that are unable to
finance projects needed to comply with SDWA. Eligible projects include investments needed for
SDWA compliance, household water quality testing, and assistance that primarily benefits a
community on a per-household basis. EPA must give funding priority to projects and activities
that benefit underserved communities (i.e., communities that lack household water or wastewater
services or that violate or exceed a SDWA requirement). EPA may make grants to public water
systems, tribal water systems, or states on behalf of an underserved community. EPA may waive
all or some of the 45% nonfederal share of project costs.
AWIA amended SDWA Section 1459A to add an EPA-administered grant program to help states
assist underserved communities to respond to imminent and substantial contamination. EPA is
authorized to make grants to requesting states to assist communities when contaminants are
present in and pose an imminent and substantial threat to their public water system or
underground drinking water sources and when EPA or a court of competent jurisdiction
determines that the appropriate authorities have not responded in a sufficient manner. EPA may
recover funds from grant recipients who are found to have caused or contributed to the
contamination addressed by the grant program. Section 1459A(j) authorizes to be appropriated
$60 million per year for FY2017 through FY2021 for the grant programs authorized therein.
AWIA further amended SDWA to add the Drinking Water System Infrastructure Resilience and
Sustainability Program, which is a grant program for small and disadvantaged public water
systems. SDWA Section 1459A(l) authorizes EPA to award grant funds to eligible public water
systems for projects that increase resilience to natural hazards, including hydrologic changes.
Eligible projects include those that increase water use efficiency, enhance water supply through
watershed management or desalination, and increase energy efficiency in the conveyance or
treatment of drinking water. This section authorized appropriations of $4.0 million for each of
FY2019 and FY2020 for this program.
Drinking Water State Revolving Funds
In 1996, Congress authorized the DWSRF program to help systems finance improvements needed
to comply with SDWA regulations.52 SDWA Section 1452 authorizes EPA to make grants to states
to capitalize DWSRFs, which states may then use to make subsidized loans to public water

51 Over the years, EPA has not requested money specifically to support these small system technical assistance
activities, nor has EPA used the SRF reserve authority to fund them. Rather, Congress has provided funding for these
purposes as national priorities in recent appropriations acts. A similar rural water (and wastewater) circuit rider
program receives funding under the Consolidated Farm and Rural Development Act of 1972, §306(a) (7 U.S.C.
§1926(a)(22)). See CRS Report R46235, Rural Development Provisions in the 2018 Farm Bill (P.L. 115-334).
52 SDWA, §1452; 42 U.S.C. §300j-12.
Congressional Research Service

16

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

systems. States must match 20% of the federal grant. Grants are allotted based on the results of
needs surveys.53 Each state and the District of Columbia must receive at least 1% of the funds
available for capitalization grants.
Drinking water SRFs may be used to provide loans 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 to the extent that funds can be obligated for eligible projects. States may use up to
35% of their DWSRF grant to provide loan subsidies (including forgiveness of principal) to help
economically disadvantaged communities. Also, Section 1452(g) authorizes states to use a
portion of funds for technical assistance, source water protection and capacity development
programs, and operator certification. Section 1452(k) authorizes states to use up to 15% of their
capitalization grant (but not more than 10% for any one of the following) for (1) loans for a
public water system to acquire land or conservation easement to protect the source water of the
system from contamination; (2) loans for a community water system to implement voluntary
source water protection measures; (3) technical and financial assistance to public water systems
as a part of a capacity development strategy; or (4) expenditures to establish and implement
wellhead protection programs and certain source water protection efforts.
The law authorized appropriations of $599 million for FY1994 and $1 billion per year for
FY1995 through FY2003 for DWSRF capitalization grants. AWIA reauthorized appropriations
for DWSRF capitalization grants at $1.17 billion in FY2019, $1.30 billion in FY2020, and $1.95
billion in FY2021. SDWA directed EPA to reserve, from annual DWSRF appropriations, 0.33%
for grants to several trusts and territories, $10 million for health effects research on drinking
water contaminants, $2 million for the costs of monitoring for unregulated contaminants in small
systems, 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.54
AWIA made several amendments to the DWSRF provisions to expand the eligible uses of
DWSRF financial assistance, provide states with additional flexibility to administer the DWSRF
program, and include provisions intended to make DWSRF assistance more accessible to public
water systems. Among other changes, the amendments extend the amortization and repayment
period for loans made from the DWSRF, authorize the funding of source water assessments from
the DWSRF capitalization grant, and require that funds made available from a state DWSRF for
water system projects must use all iron and steel products produced in the United States, through
FY2023.
The NDAA for Fiscal Year 2020 (P.L. 116-92), Section 7312, amended SDWA to establish a grant
program within the DWSRF to assist water systems in addressing PFAS and other emerging

53 See EPA, Drinking Water Infrastructure Needs Survey and Assessment: Fifth Report to Congress, Office of Water,
April 2013, p. 70, https://www.epa.gov/drinkingwatersrf.
54 Under SDWA Section 1452(i) (42 U.S.C. §300j-12(i)), EPA may use 1.5% of the amounts appropriated annually to
make grants to Indian tribes and Alaska Native villages. Since FY2010 (P.L. 111-88), Congress has authorized EPA to
reserve up to 2.0% of the appropriated funds for Indian tribes and Alaska Native villages. This authority was included
in P.L. 112-74 and has continued through the terms and conditions of subsequent appropriations. For more information,
see CRS Report R45304, Drinking Water State Revolving Fund (DWSRF): Overview, Issues, and Legislation, by Mary
Tiemann.
Congressional Research Service

17

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

contaminants.55 The NDAA also authorized appropriations of $100 million annually for FY2020-
FY2024 for this purpose.56
Drinking Water Security
The 107th Congress passed the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (P.L. 107-188) to address a wide range of security issues. Title IV of the
Bioterrorism Act amended SDWA to address threats to drinking water security. AWIA revised
certain security provisions to address both security and natural threats. Key provisions are
summarized below.57
Risk and Resilience Assessments
SDWA Section 1433, added by the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (P.L. 107-188), was repealed and replaced in AWIA. Prior to AWIA,
SDWA Section 1433 required water systems to assess their vulnerabilities to terrorist or other
intentional acts and, based on the assessment, prepare emergency response plans. The statute
required public water system operators to certify their vulnerability assessments by a specified
deadline but did not require public water systems to update their assessments or emergency
response plans.
Under revised SDWA Section 1433, each community water system serving more than 3,300
people is required to conduct an assessment of the risks and resilience of the system to malevolent
acts and natural hazards. In addition, community water systems are required to evaluate the
resilience of their physical infrastructure and management practices (including financial capacity)
to respond to these risks. This provision establishes deadlines, based on system size, for
community water systems to certify to EPA that they had conducted a risk and resilience
assessment. Public water systems serving 3,300 or more persons must review their assessments
every five years and update them if needed. The assessments are voluntary for public water
systems serving fewer than 3,300 people.
Section 1433 further required each of these community water systems to prepare an emergency
response plan incorporating the results of the vulnerability assessment. EPA was directed to
provide guidance to smaller systems on how to conduct vulnerability assessments, prepare
emergency response plans, and address threats.
As amended by AWIA, SDWA requires EPA to issue guidance and provide technical assistance
on conducting risk and resilience assessments and preparing emergency response plans for public
water systems serving fewer than 3,300 individuals.
Section 1433(e) authorized the appropriation of $160 million for FY2002, and “such sums as may
be necessary for FY2003 through FY2005,” to provide financial assistance to community water
systems to conduct risk and resilience assessments and prepare response plans and for expenses
and contracts to address basic security enhancements and significant threats. AWIA added an
authorization of appropriations of $25.0 million for each of FY2020 and FY2021 for EPA to
make grants to public water systems to plan or implement projects to address their system’s
resiliency. For each fiscal year, EPA is authorized to use as much as $10.0 million of the available

55 42 U.S.C. §300j-12(a)(2)(G).
56 42 U.S.C. §300j-12(t).
57 For additional discussion of SDWA drinking water security and resilience provisions, see CRS In Focus IF11777,
Safe Drinking Water Act (SDWA): Water System Security and Resilience Provisions.
Congressional Research Service

18

link to page 15 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

funds to make grants to public water systems serving fewer than 3,300 people or to nonprofit
organizations for eligible projects and activities.
The 2002 Bioterrorism Act also added Sections 1434 and 1435 to SDWA, directing the EPA
Administrator to review methods by which terrorists or others could contaminate or otherwise
disrupt the provision of safe water supplies. These provisions require EPA to review methods for
preventing, detecting, and responding to such disruptions and methods for providing alternative
drinking water supplies if a water system is destroyed or impaired. Section 1435(e) authorized
$15 million for FY2002 and “such sums as may be necessary for FY2003 through FY2005 to
carry out Sections 1434 and 1435.”
Tampering with Public Water Systems
Section 1432 provides for civil and criminal penalties against any person who tampers, attempts
to tamper, or makes a threat to tamper with a public water system. Amendments made by the
Bioterrorism Act increased criminal and civil penalties for tampering, attempting to tamper, or
making threats to tamper with public water supplies. The maximum prison sentence for tampering
increased from 5 to 20 years. The maximum prison sentence for attempting to tamper, or making
threats to tamper, increased from 3 to 10 years. The maximum fine that may be imposed for
tampering increased from $50,000 to $1 million. The maximum fine for attempting to tamper, or
threatening to tamper, increased from $20,000 to $100,000. Relatedly, see “Emergency Powers”
section.
Emergency Assistance
SDWA Subsection 1442(b) authorizes EPA to provide technical assistance and make grants to
states and public water systems to assist in responding to and alleviating emergency situations.
The Bioterrorism Act amended Subsection 1442(d) to authorize appropriations for such
emergency assistance of not more than $35 million for FY2002 and such sums as may be
necessary for each fiscal year thereafter. Congress has not appropriated funds for this purpose.
Ground Water Protection Programs
Underground Injection Control Programs
Most public water systems rely on ground water as a source of drinking water, and Part C of the
act focuses on ground water protection.58 Section 1421 authorized the establishment of state
underground injection control (UIC) programs to protect underground sources of drinking water
(USDWs).59 In 1977, EPA issued mandated regulations that contained minimum requirements for
state UIC programs to prevent underground injection that endangers drinking water sources and
required states to prohibit any underground injection not authorized by state permit. The law

58 EPA reports that, of 144,653 public water systems, 130,029 rely on ground water and 14,563 rely on surface water.
Among 49,591 community water systems, 37,953 rely on ground water and 11,613 rely on surface water. The
remaining systems did not identify whether their source was groundwater or surface water. EPA’s Safe Drinking Water
Information Systems, Water System Summary report generated on October 23, 2020. The search parameters were
“public water systems.”
59 For additional discussion of UIC related to sequestration of carbon dioxide, see CRS Report R46192, Injection and
Geologic Sequestration of Carbon Dioxide: Federal Role and Issues for Congress, by Angela C. Jones.
Congressional Research Service

19

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

specified that the regulations could not interfere with the underground injection of brine from oil
and gas production or recovery of oil unless USDWs would be affected.60
Section 1422 authorized affected states to submit plans to EPA for implementing UIC programs
and, if approved, to assume primary enforcement responsibility. If a state’s plan has not been
approved, or the state has chosen not to assume program responsibility, then EPA must implement
the program.61 For oil and gas injection operations only, states with UIC programs are delegated
primary enforcement authority without meeting EPA regulations under Section 1421, provided
that states demonstrate that they have an effective program that prevents underground injection
that endangers drinking water sources.62 EPA has delegated primacy for all classes of wells to 35
states; it shares implementation responsibility with seven states and two Indian tribes and
implements the UIC program for all well classes in nine states.
To implement this program, EPA has established six classes of UIC wells based on similarity in
the fluids injected, construction, injection depth, design, and operating techniques and issued
regulations that establish performance criteria for each class.63 Most recently, EPA issued
regulations for Class VI wells establishing requirements for the underground injection of carbon
dioxide (CO2). Class VI wells are intended to be used for the long-term geologic sequestration of
CO2 as a tool for mitigating greenhouse gas emissions from coal-fired power plants and other
large stationary sources of carbon dioxide.
Other SDWA Groundwater Protection Programs
The act contains four other state programs aimed specifically at protecting groundwater.
1. Sole Source Aquifer Protection Program. Included in the Safe Drinking Water
Act of 1974 (P.L. 93-523), Section 1424(e) authorizes EPA to make
determinations—either on EPA’s initiative or upon petition—that an aquifer is
the sole or principal drinking water source for an area. In areas that overlie a
designated sole-source aquifer, no federal funding may be committed for projects
that EPA determines may contaminate such an aquifer.64 Any person may petition
for sole source aquifer designation. Nationwide, EPA has designated 77 sole
source aquifers.65
2. Sole Source Aquifer Demonstration Program. Section 1427, added in 1986,
established procedures for demonstration programs to develop, implement, and

60 The Energy Policy Act of 2005 (P.L. 109-58, §322) amended SDWA Section 1421(d) to specify that the definition of
“underground injection” excludes the injection of fluids or propping agents (other than diesel fuels) used in hydraulic
fracturing operations related to oil, gas, or geothermal production activities.
61 SDWA, §1423.
62 Ibid., §1425, added in 1980.
63 The wells are classified as follows: Class I (inject hazardous wastes, industrial nonhazardous liquids, or municipal
wastewater beneath the lowermost USDW); Class II (inject brines and other fluids associated with oil and gas
production and hydrocarbons for storage); Class III (inject fluids associated with solution mining of minerals beneath
the lowermost USDW); Class IV (inject hazardous or radioactive wastes into or above USDWs and are generally
banned); Class V (all injection wells not covered under other classes—many of these wells inject nonhazardous fluids
into or above USDWs and are typically shallow, on-site disposal systems), and Class VI (inject carbon dioxide [CO2]
for long-term geologic sequestration to reduce atmospheric emissions of CO2 from industrial sources).
64 Funding authorized under other federal law can be committed for a project if the project is designed to assure that it
will not contaminate the aquifer.
65 EPA, “Sole Source Aquifer Protection Program,” http://water.epa.gov/infrastructure/drinkingwater/sourcewater/
protection/solesourceaquifer.cfm.
Congressional Research Service

20

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

assess critical aquifer protection areas already designated by the Administrator as
sole source aquifers.
3. State Wellhead Protection Programs. Section 1428, also added in 1986,
established an elective state program for protecting wellhead areas around public
water system wells. If a state established a wellhead protection program by 1989
and EPA approved the state’s program, then EPA may award grants covering
between 50% and 90% of the costs of implementing the program.
4. State Groundwater Protection Grants. Section 1429, added in 1996, authorizes
EPA to make 50% grants to states to develop programs to ensure coordinated and
comprehensive protection of ground water within the states.
For these programs, appropriations were authorized through FY2003 as follows: $15 million per
fiscal year for Section 1427, $30 million per fiscal year for Section 1428, and $15 million per
fiscal year for Section 1429. Additionally, states may use a portion of their DWSRF capitalization
grant under Section 1452(k) for certain groundwater protection activities.
Source Water Assessment and Protection Programs
The 1996 amendments expanded the act’s pollution prevention focus to embrace protection of
surface water as well as ground water. Section 1453 required EPA to publish guidance for states
to implement source water assessment programs that delineate boundaries of the areas from
which systems receive water and identify the origins of regulated contaminants (and also any
contaminants selected by the state) in those areas to determine systems’ susceptibility to
contamination. States with approved assessment programs may adopt alternative monitoring
requirements for water systems as provided for in Section 1418. Section 1452 (k)(1)(C)
authorized states to use up to 10% of their DWSRF capitalization grant for FY1996 and FY1997
to delineate and assess source water protection areas.
Section 1454 authorized a source water petition program based on voluntary partnerships between
state and local governments. States may establish a program under which a community water
system or local government may submit a petition to the state requesting assistance in developing
a voluntary source water quality protection partnership to (1) reduce the presence of contaminants
in drinking water, (2) receive financial or technical assistance, and (3) develop a long-term source
water protection strategy. This section authorized $5 million each year for grants to states to
support petition programs. Also, states may use up to 10% of their DWSRF grant to support
various source water protection activities, including the petition program.
Additional SDWA Provisions
Research, Technical Assistance, and Training
Section 1442 authorizes EPA 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. This section authorized $15 million annually
for technical assistance to small systems and Indian tribes and $25 million for health effects
research. (Title II of P.L. 104-182, the 1996 amendments, authorized additional appropriations for
drinking water research not to exceed $26.6 million annually for FY1997 through FY2003.)
Congressional Research Service

21

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Innovative Technology Grants
The WIIN Act amended Section 1442(a) to authorize EPA to conduct research on innovative
water technologies and provide technical assistance to public water systems to facilitate use of
such technologies. New Section 1442(f) authorized to be appropriated $10 million for each of
FY2017 through FY2021.
Demonstration Grants
The Administrator may make grants to develop and demonstrate new technologies for providing
safe drinking water and investigate health implications involved in the reclamation/reuse of waste
waters.66
Records, Inspections, and Monitoring
Section 1445 states that persons subject to requirements under SDWA must establish and
maintain records, conduct water monitoring, and provide any information that the Administrator
may require by regulation to carry out the requirements of the act. Section 1445(b) authorizes the
Administrator or a representative, after notifying the state in writing, to enter and inspect the
property of water suppliers or other persons subject to the act’s requirements to determine
whether the person is in compliance with the act. Failure to comply with these provisions may
result in civil penalties.
This section also directs EPA to promulgate regulations establishing the criteria for a monitoring
program for unregulated contaminants. Beginning in 1999 and every five years thereafter, EPA
must issue a list of not more than 30 unregulated contaminants to be monitored by public water
systems. States are permitted to develop a representative monitoring plan to assess the occurrence
of unregulated contaminants in small systems; the section authorized $10 million to be
appropriated for each of FY1999 through FY2003 to provide grants to cover the costs of
monitoring for small systems. All monitoring results are to be included in a national drinking
water occurrence database created under the 1996 amendments.
National Drinking Water Advisory Council
The act established a National Drinking Water Advisory Council, composed of 15 members (with
at least two representing rural systems), to advise, consult, and make recommendations to the
Administrator on activities and policies derived from the act.67
Federal Agencies
Any federal agency having jurisdiction over federally owned public water systems must comply
with all federal, state and local drinking water requirements as well as any underground injection
control programs. The act provides for waivers in the interest of national security.68

66 SDWA, §1444.
67 Ibid., §1446.
68 Ibid., §1447.
Congressional Research Service

22

link to page 28 link to page 28 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Drinking Water Assistance to Colonias69
Added in 1996, Section 1456 authorized EPA and other appropriate federal agencies to award
grants to Arizona, California, New Mexico, and Texas to provide assistance (not more than 50%
of project costs) to colonias where the residents are subject to a significant health risk attributable
to the lack of access to an adequate and affordable drinking water system. Congress authorized
appropriations of $25 million for each of fiscal years 1997 through 1999. (See also “Wastewater
Assistance to Colonias.”)
Estrogenic Substances
Section 1457 authorized EPA to use the 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.
Drinking Water Studies
Section 1458 directed EPA to conduct drinking water studies involving subpopulations at greater
risk and biological mechanisms. EPA was also directed to conduct studies to support specific
regulations, including those for disinfectants and disinfection byproducts and Cryptosporidium.
Algal Toxin Risk Assessment and Management
The Drinking Water Protection Act (P.L. 114-45), enacted August 7, 2015, added Section 1459. It
directed EPA to develop—and submit to Congress in 90 days—a strategic plan to assess and
manage the risks associated with algal toxins in public drinking water supplies. Section 1459
required EPA to include in the plan steps and schedules for EPA to (1) assess health risks of algal
toxins in drinking water, (2) publish a list of toxins likely to pose risks and summarize their health
effects, (3) determine whether to issue health advisories for listed toxins, (4) publish guidance on
feasible methods to identify and measure the algal toxins in water, (5) recommend feasible
treatment and source water protection options, and (6) provide technical assistance to states and
water systems. The new provisions also called for the Government Accountability Office to report
to Congress on federal funds expended for each of FY2010 through FY2014 to examine toxin-
producing cyanobacteria and algae or address public health concerns related to harmful algal
blooms.70
Selected P.L. 104-182 Provisions
Not Amending SDWA
The 104th Congress included a variety of drinking-water-related provisions in the 1996 SDWA
amendments that did not amend SDWA. Several of these provisions are described below.

69 Colonias are generally described as unincorporated communities or housing developments on the U.S. side of the
U.S.-Mexico border that lack some or all basic infrastructure including plumbing and public water and sewer systems.
70 For further information, see CRS In Focus IF10269, Algal Toxins in Drinking Water: EPA Health Advisories, by
Mary Tiemann.
Congressional Research Service

23

link to page 27 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Transfer of Funds
Section 302 authorized states to transfer as much as 33% of their annual drinking water state
revolving fund grant to the Clean Water Act (CWA) SRF or an equivalent amount from the CWA
SRF to the DWSRF through FY2001. In several subsequent conference reports for EPA
appropriations, Congress authorized states to continue making transfers between the two funds. In
P.L. 109-54, Congress made this authority permanent.71
Grants to Alaska
Section 303 of the 1996 amendments authorized EPA to make grants to the state of Alaska to pay
50% of the costs of improving sanitation for rural and Alaska Native villages. Grants were for
construction of public water and wastewater systems and for training and technical assistance
programs. Appropriations were authorized at $15 million for each of FY1997 through FY2000.
(In P.L. 106-457, Congress reauthorized appropriations for these rural sanitation grants at a level
of $40 million for each of FY2001 through FY2005.)
Bottled Water
Section 305 revised Section 410 of the Federal Food, Drug, and Cosmetic Act to require the
Secretary of Health and Human Services to issue bottled drinking water standards for
contaminants regulated under SDWA within 180 days after EPA promulgates the new standards
unless the Secretary determines that a standard is not necessary.
Wastewater Assistance to Colonias
Section 307 authorized EPA to make grants to colonias for wastewater treatment works.
Appropriations were authorized at $25 million for each of FY1997 through FY1999. (See also
“Drinking Water Assistance to Colonias.”)
Additional Infrastructure Funding
Section 401 authorized additional assistance, up to $50 million for each of FY1997 through
FY2003, for a grant program for infrastructure and watershed protection projects.

71 The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, P.L. 109-54, Title II,
August 2, 2005, 119 Stat. 530, provided “That for fiscal year 2006 and thereafter, State authority under section 302(a)
of P.L. 104-182 shall remain in effect.”
Congressional Research Service

24

link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Table 3. U.S. Code Sections of the Safe Drinking Water Act
(Title XIV of the Public Health Service Act)
(42 U.S.C. §300f-300j-26)
SDWA
42 U.S.C.
Section Title
(as amended)
Chapter 6A
Public Health Service
Subchapter XII Safety of Public Drinking Water Systems
Part A
Definitions

300f
Definitions
§1401

Part B
Public Water Systems
300g
Coverage
§1411
300g-1
National drinking water regulations
§1412
300g-2
State primary enforcement responsibility
§1413
300g-3
Enforcement of drinking water regulations
§1414
300g-4
Variances
§1415
300g-5
Exemptions
§1416
300g-6
Prohibitions on the use of lead pipes, solder, and flux
§1417
300g-7
Monitoring of contaminants
§1418
300g-8a
Operator certification
§1419
300g-9a
Capacity development
§1420

Part C
Protection of Underground Sources of Drinking Water
300h
Regulations for state programs
§1421
300h-1
State primary enforcement responsibility
§1422
300h-2
Enforcement of program
§1423
300h-3
Interim regulation of underground injections
§1424
300h-4
Optional demonstration by states relating to oil and natural gas
§1425
300h-5
Regulation of state programs
§1426
300h-6a
Sole source aquifer demonstration program
§1427
300h-7a
State programs to establish wellhead protection areas
§1428
300h-8a
State ground water protection grants
§1429

Part D
Emergency Powers
300i
Emergency powers
§1431
300i-1
Tampering with public water systems
§1432
300i-2a
Terrorist and other intentional acts
§1433
Congressional Research Service

25

link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

SDWA
42 U.S.C.
Section Title
(as amended)
300i-3
Contaminant prevention, detection, and response
§1434
300i-4a
Supply disruption prevention, detection, and response
§1435

Part E
General Provisions
Assurance of availability of adequate supplies of chemicals necessary
300j
for treatment of water
§1441
300j-1a
Research, technical assistance, information, training of personnel
§1442
300j-2a
Grants for state programs
§1443
300j-3a
Special project grants and guaranteed loans
§1444
300j-4a
Records and inspections
§1445
300j-5
National Drinking Water Advisory Council
§1446
300j-6
Federal agencies
§1447
300j-7
Judicial reviews
§1448
300j-8
Citizen civil actions
§1449
300j-9
General provisions
§1450
300j-11
Indian tribes
§1451
300j-12a
State revolving loan funds
§1452
300j-13
Source water quality assessment
§1453
300j-14a
Source water petition program
§1454
300j-15
Water conservation plan
§1455
300j-16a
Assistance to colonias
§1456
300j-17
Estrogenic substances screening program
§1457
300j-18a
Drinking water studies
§1458
300j-19
Algal toxin risk assessment and management
§1459
300j-19aa
Assistance for small and disadvantaged communities
§1459A
300j-19ba
Reducing lead in drinking water
§1459B
300j-19c
Study on Intractable Water Systems
§1459C
300j-19da
Review of Technologies
§1459D

Part F
Additional Requirements to Regulate the Safety of Drinking Water
300j-21
Definitions
§1461
300j-22
Recall of drinking water coolers with lead-lined tanks
§1462
300j-23
Drinking water coolers containing lead
§1463
300j-24a
Lead contamination in school drinking water
§1464
300j-25a
Drinking Water Fountain Replacement for Schools Grant Program
§1465
300j-26
Certification of testing laboratories
b
Source: Prepared by CRS from the Safe Drinking Water Act, as amended, and codified in the U.S. Code.
Congressional Research Service

26

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

Note: This table shows only the major code sections. For more detail and to determine when a section was
added, consult the official printed version of the U.S. Code.
a. These sections include authorizations of appropriations.
b. This provision was added by the Lead Contamination Control Act (P.L. 100-572, §4), which did not amend
SDWA.
Table 4. Annual Authorizations of Appropriations in the Safe Drinking Water Act,
as Amended
Last Fiscal
SDWA,
Last Authorized
Year of
as
42 U.S.C.
Purpose
Amount
Authorization
amended
300g-8(d)
Small public water system operator training and
$30,000,000
FY2003
§1419(d)
certification
300g-9(f)
Small public water systems technology
$5,000,000
FY2003
§1420(f)
assistance centers
300g-9(g)
Environmental finance centers
$1,500,000
FY2003
§1420(g)
300h-6(m)
Sole source aquifer demonstration program
$15,000,000
FY2003
§1427(m)
300h-7(k)
State programs to establish wellhead protection
$30,000,000
FY2003
§1428(k)
areas
300h-8(f)
State groundwater protection grants
$15,000,000
FY2003
§1429(f)
300i-2(e)
Community water system security enhancement
Such sums as may
FY2005
§1433(e)
grants
be necessary
300i-4(e)
Review of methods by which terrorists/others
Such sums as may
FY2005
§1435(e)
may disrupt or contaminate water supplies and
be necessary
methods to prevent, detect, and respond to
such actions
300j-1(d)
Emergency grants and technical assistance
Such sums as may
Indefinite
§1442(d)
be necessary
300j-1(e)
Technical assistance for small system compliance
$15,000,000
FY2020
§1442(e)
300j-1(e)
Technical assistance for innovative water
$10,000,000
FY2021
§1442(f)
technologies
300j-2(a)
State Public Water System Supervision program
$125,000,000
FY2021
§1443(a)
grants
300j-2(b)
State Underground Injection Control program
$15,000,000
FY2003
§1443(b)
grants
300j-2(d)
New York City watershed protection grants
$15,000,000
FY2010
§1443(d)
300j-3(c)
Special demonstration projects grants
$10,000,000
FY1977
§1444(c)
300j-4(a)
Monitoring program for unregulated
$10,000,000
FY2021
§1445(a)
contaminants
300j-12(m)
State Revolving Loan Fund program grants
$1,950,000,000
FY2021
§1452(m)
300j-12(t)
Grants to address emerging contaminants
$100,000,000
FY2024
§1452(m)
300j-14(e)
State Source Water Petition program grants
$5,000,000
FY2021
§1454(e)
300j-16(e)
Grants to colonias for safe drinking water
$25,000,000
FY1999
§1456(e)
300j-18(c)
Studies on harmful contaminants in drinking
$12,500,000
FY2003
§1458(c)
water
300j-18(d)
Waterborne disease occurrence study
$3,000,000
FY2001
§1458(d)
Congressional Research Service

27

Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements

300j-19a(k)
Assistance for small and disadvantaged
$60,000,000
FY2021
§1449A(k)
communities
300j-19a(l)
Drinking Water Infrastructure Resilience and
$4,000,000
FY2020
§1459A(l)
Sustainability Program
300j-19b
Reducing lead in drinking water
$60,000,000
FY2021
§1449B(d)
300j-25
Drinking Water Fountain Replacement for
$5,000,000
FY2021
§1465
Schools Grant Program
Source: Prepared by CRS based on a search of authorizations of appropriations in the Safe Drinking Water Act,
as amended, and codified in the U.S. Code.
Notes: The 1996 amendments (P.L. 104-182) included several related authorizations of appropriations in
provisions that did not amend SDWA: (1) P.L. 104-182, Section 201, Drinking Water Research Authorization,
authorized to be appropriated through FY2003 additional sums as may be necessary for drinking water research,
not to exceed an annual total of $26,593,000; (2) Section 303, Grants to Alaska to Improve Sanitation in Rural
and Native Vil ages, authorized appropriations of $15,000,000 annually from FY1997 to FY2000; and (3) Title IV,
Additional Assistance for Water Infrastructure and Watersheds (§401(d)), provided an unconditional
authorization of appropriations of $25,000,000 annually from FY1997 to FY2003 and a conditional authorization
of appropriations of $25,000,000 annually from FY1997 to FY2003.

Author Information

Elena H. Humphreys
Mary Tiemann
Analyst in Environmental Policy
Specialist in Environmental Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
RL31243 · VERSION 31 · UPDATED
28

Download PDF

Download EPUB

Revision History

Jul. 1, 2021

HTML · PDF

19% changed

Mar. 1, 2017

HTML · PDF

6% changed

Jan. 6, 2016

HTML · PDF

40% changed