Safe Drinking Water Act: Key Components

1
Safe Drinking Water Act Key Components

1. Listing Contaminants
2. Maximum Containment Level Goal (MCLG)
3. Maximum Containment Levels (MCL)

- 300f(6) Contaminants defined as any
physical, chemical, biological, or radiological
substance or matter in water.
- 300g-1(b)(1)(A) Contaminants are regulated
if the Administrator determines that the
contaminant many have an adverse effect on the
health of persons, is known to occur in
public water systems with a frequency and at
levels of public health concern, and that
regulation of such contaminant presents a
meaningful opportunity for health risk reduction.
- 300g-1(b)(4)(A) For each contaminant, EPA
must set a MCLG.
- 300g-1(b)(4)(A) The MCLG is to be set at
the level at which no known or anticipated
adverse effects on the health of persons occur
and which allows an adequate margin of safety.
- 300f(1)(B) EPA must set primary drinking
water regulations, identifying contaminants
which may have any adverse effect on the
health of persons.
- 300f(1)(C)(i) For each such contaminants,
EPA must set a MCL if it is economically and
technologically feasible to ascertain the level
of such contaminant in water.
- 300f(3) MCLs must be as close to the
maximum contaminant level goal as is feasible
and constitute the maximum permissible level of
a contaminant in water which is delivered to any
user of a public water system.
2
Safe Drinking Water Act Hybrid Risk Management
Frameworks

1. Risk management framework applicable to HAPs
   under the CAA
2. Risk management framework applicable to the SDWA
3. Other hybrid risk management frameworks

- MACT Technology-based framework
- More stringent standards Negligible risk
framework life excess cancer risk less than
one in one million.
- Outcome The more stringent standards that
would result from the technology-based and
negligible risk frameworks.
- MCLG No risk framework.
- MCL Technology-based framework.
- Outcome The less stringent standards that
would result from the technology-based and
no-risk frameworks.
- FIFRA.
3
Should Drinking Water be Regulated by the Federal
Government?

1. Traditional Justifications for Federal
   Regulation
2. Other Justifications for Federal Regulation
3. Arguments Against Federal Regulation

- Interstate Externalities
- Race-to-the-Bottom
- Public Choice Pathologies.
- Rights-based Justification.
- Differences in size of public water systems
across the nation
- Differences in cost in implementing federal
controls
- De Minimis Exemptions.