Arsenic in drinking water memo, August 20, 2002

Memo To: RLE, SLK, PES, RJC, CW From: WPG Date: 8/20/2002 Re: ARSENIC - Legislative votes and EPA rule making 7/17/1996 S. 1316: Safe Drinking Water Amendments: Suspension voice vote by House 8/2/1996 S. 1316 Conf. Report passage 392-30: RLE aye (P.L. 104-182) - Requires EPA to develop and propose a new arsenic standard by January 1, 2000 - Requires EPA to promulgate the January 1, 2000 standard on January 1, 2001 6/21/2000 H.R. 4635 (P.L. 106-377): VA, HUD, Independent Agencies (EPA) FY 2001 Appropriations - base text of bill reaffirms & requires 1 full year to implement/promulgate whatever rule EPA proposes. The effective date becomes June 22, 2001 under the base text of H.R. 4635. - H. Arndt. 858 (Hinchey) 208-216: RLE no - removes restrictions in base text of H.R. 4635 requiring the originally statuted 1 year promulgation period under P.L. 104-182. 6/22/2000 EPA releases proposed arsenic rule of 5 parts per billion (ppb) six months late. In addition, solicits comments on 3, 10, and 20 ppb. Ehrlich casts vote against the Hinchey amendment in holding with the 1 year implementation principle established by P.L. 104-82, which, due to EPA’s rushed and late rule proposal makes a 1 year period that ends on June 22, 2001. The statutorily required time frame provides opportunity for science based review, public comment, and cost benefit analysis. 1/22/2001 EPA issued a final rule of 10 ppb, setting 3/23/2001 as the effective date; public water systems are provided until 2006 to comply with the 10 ppb standard. 3/23/2001 EPA Administrator delayed the rule for 60 days, citing concerns about the science supporting the rule and its estimated cost to communities. 5/22/2001 EPA delayed the rule's effective date until February 22, 2002, but did not change the 2006 compliance date for public water systems (66 FR 28342). At EPA's request, the NAS undertook an expedited review of EPA's arsenic risk analysis and recent health effects research, the National Drinking Water Advisory