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The Safe Drinking Water Act (SDWA) of 1974 was enacted by Congress to control harmful contaminants in tap water and to protect underground sources of drinking water. Amended in 1986, the SDWA established:
All public water systems are required to meet the National Primary Drinking Water Regulations (NPDWRs) [40 CFR 141] in their implementation, these standards are to prescribe treatment techniques, Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs).
EPA is required by section 1412 of the 1986 SWDA amendments to regulate scores of drinking water contaminants. The Act directs the EPA Administrator to establish a baseline maximum contaminant level goal (MCLG) for each. The MCLG is the amount (if any) of a particular contaminant in a unit of drinking water (generally measured in milligrams per liter) at which health and safety are assured to the consumer. The MCLGs are not enforceable, but are ideal, health-based goals. Following the publication of MCLGs for each contaminant, a “primary national drinking water regulation” is to be promulgated by the EPA. This regulation will then specify a maximum contaminant level (MCL) as close to the MCLG as possible.
MCLs reflect an attempt to achieve or nearly achieve MCLGs while taking into consideration economic and technical contraints. They serve as “the maximum permissible level of a contaminant in water which is delivered to any user of a public water system” [40 CFR 141.2]. EPA publishes what it believes to be the “best available technology” (BAT) associated with MCL acheivement. The BAT includes the best technology, treatment techniques and other means found to be the best available while also taking cost into consideration. Before recommendation by the EPA, the BAT must be examined “... for efficacy under field conditions and not soley under laboratory conditions...”[40 CFR 141.1].
The Underground Injection Control (UIC) program was established by the SDWA in order to protect underground sources of drinking water. Underground injection is considered to endanger drinking water if the injection results in the presence of any contaminant in underground water which supplies or can reasonably be expected to supply any public water system and the presence of such a contaminant results in the system’s violation of primary drinking water regulations. EPA may grant states primary enforcement responsibility for their UIC program through an application and permit process.