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EPA Marks 50 Years of Safe Drinking Water Act

Dec. 17, 2024
Signed by Pres. Ford on Dec. 16, 1974, the landmark legislation has improved access to clean and safe drinking water for hundreds of millions of Americans.

PRESS RELEASES

WASHINGTON, December 16, 2024 – Today, December 16, the U.S. Environmental Protection Agency marked the 50th anniversary of the Safe Drinking Water Act (SDWA), passed in 1974 to set federal standards for drinking-water quality. President Joe Biden issued a statement commemorating the Safe Drinking Water Act’s 50th anniversary.

Since December 16, 1974 — when Congress passed the Safe Drinking Act legislation that President Gerald Ford signed into law — EPA has worked with federal partners, states, tribes, and local officials, water systems, private companies, and the public to achieve the vision of the Safe Drinking Water Act, that people across America have clean and safe drinking water.

“For 50 years, EPA has worked with states, Tribes, and local partners to ensure that communities across the country can count on safe drinking water. As a result, Americans are leading longer, healthier lives while the foundation of safe drinking water attracts businesses to communities and fosters opportunity,” said Bruno Pigott, Deputy Assistant Administrator for EPA’s Office of Water. “The Safe Drinking Water Act provides a framework for developing collaborative solutions to address drinking water challenges of today and tomorrow.”

Today, the work to protect drinking water remains essential to supporting vibrant communities across the country. In October, EPA finalized the Lead and Copper Rule Improvements to replace toxic lead pipes that deliver drinking water to people’s homes. Also, this year, EPA issued the first drinking water standards for PFAS that the agency estimates will protect nearly 100 million people from exposure to these toxic “forever chemicals” in drinking water.

“Before the Safe Drinking Water Act of 1974, there was no comprehensive federal regulation protecting drinking water. Thanks to the Safe Drinking Water Act, and significant reforms since then, we’ve made immense progress in our efforts to ensure every American has access to safe, clean, and reliable drinking water,” Senate Environment and Public Works Committee Chairman Sen. Tom Carper (D-DE) said. “The Safe Drinking Water Act’s 50th anniversary is an opportunity for us to celebrate this progress and to reflect on the importance of continuing to make clean drinking water a reality for every American.”  

“In the richest countries in the world, access to safe and affordable drinking water should be a right—not a privilege,” Rep. Dan Kildee (D-MI) said. “I am proud of the work we have done together to build on the Safe Drinking Water Act’s legacy to strengthen and set much-needed drinking water standards for lead and toxic PFAS chemicals in water. I will not stop fighting until every mid-Michigan family has access to the clean drinking water they deserve.”

“Clean water is a basic human right. In my home state of Michigan, we know too well how fiercely we must work to keep our water free of lead, PFAS, and other hazards,” Rep. Debbie Dingell (D-MI) said. “Today we recognize the progress made by the landmark Safe Drinking Water Act, and recommit to working to ensure every family in America has access to clean and safe water.”

A Safe Drinking Water Timeline:

  • Between 1961 and 1970, officials documented over 46,000 cases of waterborne hepatitis, salmonellosis, and gastroenteritis — diseases caused by chlorine-resistant pathogens;
  • SDWA protects public health and creates thriving communities by limiting contaminants in our drinking water for half a century;
  • Implementation of infrastructure investment programs created by SDWA help communities comply with drinking water quality standards and tackle local challenges. 

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AWWA executive director of the Government Affairs Tracy Mehan shares his thoughts on the history and future of this landmark legislation...

Before the 1974 enactment of the SDWA, efforts had been made to protect drinking water and public health. For example, it is recognized that using chlorine for disinfection at the beginning of the 20th century was one of the greatest technological breakthroughs for public health.

As burning rivers and oil spills in the United States galvanized passage of the Clean Water Act, so, too, did a “perceived crisis” contribute to the congressional push to pass the SDWA. A 1974 Consumer Reports exposé, “Is the Water Safe to Drink?” created a national sensation when it claimed that industrial pollution in the Mississippi River contaminated New Orleans’ drinking water. Months later, Congress passed and President Gerald Ford signed the SDWA. Drinking water regulation for the first time was enforceable, federalized and standardized for water utilities of all sizes and locales.

The 1986 amendments

The original SDWA gave the U.S. Environmental Protection Agency (EPA) discretion and authority to regulate drinking water contaminants. Between 1974, when the modern SDWA became law, and 1986, EPA regulated only one additional contaminant beyond the original 22 standards previously developed by the federal Public Health Service.

Congress was under public pressure to regulate contaminants, and it did so with the 1986 amendments. As summarized by the Congressional Research Service, through the 1986 amendments, EPA was required to issue regulations for 83 specific contaminants by June 1989 and to regulate 25 more every three years thereafter.

Because of time constraints and limited resources, EPA issued regulations for 76 of the 83 mandated contaminants by 1992. This ambitious program of regulation was difficult for EPA, states and the regulated community. Both EPA and the Association of State Drinking Water Administrators testified in support of amending—i.e., eliminating—the 1986 amendments.

The 1996 amendments

To address the issues with the 1986 amendments, Congress amended the SDWA in 1996. The latest amendments emphasized “comprehensive public health protection through risk-based standard setting, increased funding (state revolving funds), reliance on best available science, prevention tools and programs, strengthened enforcement authority for EPA, and public participation in drinking water issues.” The amendments also introduced Consumer Confidence Reports, which every community water system must provide to customers annually to inform them of levels of any regulated contaminant in their water and its health effects.

Under SDWA, public water systems collected nationwide occurrence data on approximately 150 contaminants. Establishing what should not be regulated is as important a function of the process as deciding what should be regulated.

Building on past achievements

In 1900, U.S. residents had a 1-in-20 chance of dying from a gastrointestinal infection before the age of 70, but by 1940 the chance was one in 3,333. By 1990, it was down to one in 2 million, a monumental achievement in less than a century.

Since then, it has only gotten better, and America’s water is the safest in the world, due in part to the SDWA. In remarks celebrating the 40th anniversary of the SDWA, EPA Administrator Gina McCarthy noted that before the law passed, 40% of U.S. drinking water systems could not meet minimum health standards but by 2014, more than 90% of American citizens drank water that consistently meets all standards.

Nevertheless, debate around the SDWA continues and includes several outstanding questions:

  • Are existing standards adequate to protect public health?
  • Are compliance rates high enough?
  • What new standards for individual contaminants, groups of contaminants, or entire classes are necessary?
  • What level of risk is tolerable and at what cost?
  • How safe is safe?

These are not simple issues.

The future of safe drinking water

A critical assessment of safe drinking water in America, not just the SDWA itself, reveals opportunities to improve net social benefits over time that have little to do with the regulatory aspects of the SDWA. To put it differently, the SDWA may be necessary but insufficient in achieving the goal of safe, affordable water in the United States. Factors include:

  • Fragmentation of water systems
  • Governance questions
  • Innovation and affordability
  • Strategic partnerships for safer water

Limiting uncertainty with reliable analyses

Precision is elusive in the regulatory process, so the water sector needs to garner the best science, data and risk evaluations, along with reliable economic analyses, to limit uncertainty. This is difficult, but a data-driven approach is preferable to letting momentary passions drive regulatory decision-making. Any further revisions to the SDWA would do well to adhere to the spirit of 1996 rather than 1986 as a matter of prudence.

AWWA invites members to join us in celebrating the 50th Anniversary of SDWA by accessing a suite of online materials to mark the occasion. For more resources and information about the Safe Drinking Water Act, visit AWWA’s dedicated page at awwa.org/sdwa.