Hydraulic Fracturing Applicability of the Safe Drinking Water Act and Clean Water Act Science Advisory Board Discussion.

Cynthia Dougherty, U.S. EPA. Hydraulic Fracturing: Applicability of the Safe Drinking Water Act and Clean Water Act. Science Advisory Board Discussion. April 7, 2010. Cynthia Dougherty, Director. Office of Ground Water and Drinking Water, U.S. EPA.

Summary Points:

EPA’s central authority to protect drinking water is drawn from the Safe Drinking Water Act (SDWA).

The SDWA requires EPA to set legal limits on the levels of certain contaminants in drinking water.

U.S. Environmental Protection Agency, Washington, D.C. “Safe Drinking Water Act; Underground Injection Control (UIC) Program: Protecting Public Health and Drinking Water Resources (Poster)” EPA 816-H-01-003.
Poster illustrating injection well classes I through V in the U.S. Underground Injection Control program. (Note: Not shown in this poster are Class VI wells, for Geologic Sequestration of CO2, which were authorized by EPA in 2010.)

The Safe Drinking Water Act (SDWA) also requires EPA to protect underground sources of drinking water (USDWs) from contamination caused by underground injection.

§1421 provides minimum standards for underground injection.
§1422 provides for state primary enforcement authority.
§1425 provides for alternative showing of effectiveness of program by state Underground Injection Control (UIC) Programs (Oil and Gas wells only).
§1431 contains provisions to address imminent and substantial endangerment.

Activities not regulated under Safe Drinking Water Act (SDWA) Provisions for UIC (Sections 1421, 1422, and 1425).

Oil and gas production activities.
Hydraulic fracturing (except use of diesel) per 2005 Energy Policy Act.
Natural gas storage.

States may choose to regulate these activities.
Surface water discharges are regulated under the Clean Water Act (CWA).

Mary Workman holds a jar of undrinkable water that comes from her well, and has filed a damage suit against the Hanna Coal Company, Steubenville (Jefferson county, Ohio), 1973. In 1974, Congress passes the Safe Drinking Water Act, allowing EPA to regulate the quality of public drinking water. SDWA is the primary regulatory framework for setting and enforcing national standards for drinking water quality. Today, the EPA has drinking water regulations for more than 90 contaminants, including microorganisms, disinfectants, disinfection byproducts, inorganic and organic chemicals, and radionuclides. Individual rules apply to different water systems based on type of system, source water type, installed treatment, population served, and other factors. 2014 marks the 40th anniversary of the law. U.S. National Archives’ Local Identifier: 412-DA-12346. Erik Calonius, photographer. Project: DOCUMERICA

See also: Wikipedia. Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) is the principal federal law in the United States intended to ensure safe drinking water for the public.^[3] Pursuant to the act, the Environmental Protection Agency (EPA) is required to set standards for drinking water quality and oversee all states, localities, and water suppliers that implement the standards.

The SDWA applies to every public water system (PWS) in the United States.^[4] There are currently over 148,000 public water systems providing water to almost all Americans at some time in their lives.^[5] The Act does not cover private wells (in 2020, 13% of US households were served by private wells).^[6]

…The SDWA can promote environmental justice by increasing the safety of drinking water in the communities most adversely impacted by water contamination.^[100] Communities of color and low-income communities are disproportionately impacted by unsafe drinking water and associated health problems in the United States.^[101] Specifically, Native American reservations and communities with dense Latino and African American populations are at higher risk of exposure to drinking water contaminants.^[102] Contaminants found in the drinking water of such communities include nitrates, coliform, and lead, which have been linked to cancer, reproductive health problems, gastrointestinal illness, and other health problems. One study found that levels of contaminants in the drinking water of two Nebraska Native American reservations were significantly higher than regional contaminant levels.^[103] Another study found that Latino residents in Tucson, Arizona, had higher than average levels of contaminants in their drinking water, which were linked to higher rates of cancer and neurological disorders among residents.^[104] Also, it is understood that low-income residents in the Appalachian region of West Virginia are disproportionately exposed to contaminants in drinking water from coal mining in the region.^[105]

In addressing the updated priorities associated with the act, EPA states that its first priority is to “promote equity… in disadvantaged, small, and environmental justice communities,” specifically addressing that disadvantaged communities face disproportionate risks associated with exposure to contaminated drinking water.^[100]
Wikipedia. Safe Drinking Water Act