ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
arsenic levels in drinking
water
Urges
the U.S. Congress to delay final rulemaking by the Environmental Protection
Agency on arsenic levels in drinking water.
In
1975, the Environmental Protection Agency (EPA) set the current standard of 50
parts per billion (ppb) of arsenic in drinking water based on a Public Health
Service standard originally established in 1942. After reviewing the 50 ppb standard, the National Academy of
Sciences concluded in March 1999 that the current standard does not achieve the
EPA’s goal of protecting public health and should be lowered as soon as
possible. As a result, on June 22, 2000,
the EPA proposed a new drinking water standard of 5 ppb for arsenic and
requested comment on options of 3 ppb, 10 ppb and 20 ppb. According to the EPA, they evaluated over
6,500 pages of comments from 1,100 commenters who ranged from stakeholders, federal
and state agencies, commercial businesses and Native American tribes.
Under the Safe Drinking
Water Act Amendments of 1996, the EPA is required to issue a final rule on
arsenic levels in drinking water by January 1, 2001. Congress subsequently extended this date to June 22, 2001. On January 17, 2001, the EPA proposed the
new arsenic standard for drinking water to be set at 10 ppb.
According
to the Arizona Department of Environmental Quality (ADEQ), the western United
States, and the desert Southwest in particular, have, as part of their geology
and hydrogeology, naturally occurring arsenic at high levels. ADEQ gives the example that the groundwater
throughout much of Arizona ranges in levels of naturally occurring arsenic from
nondetection to 200 ppb. ADEQ states
that the Verde River, a free flowing stream that supplies much of the water
supply for the metropolitan Phoenix area, has naturally occurring arsenic
levels ranging from 11 ppb to 17 ppb.
ADEQ contends that both Nevada and New Mexico have similar naturally
occurring arsenic levels. Furthermore,
ADEQ has estimated that compliance costs associated with the 10 ppb level would
be approximately $76 million per year, and that 30 percent of community water
systems would be out of compliance with an imposed level of 10 ppb.
The
Arizona Chamber of Commerce is concerned with the validity of the scientific
information on which the EPA is basing its arsenic levels in drinking water
standards, and believes that the costs associated with EPA compliance could be
considerable to consumers, particularly in small water systems.
1.
Urges
the U.S. Congress to give the EPA more time to review information related to
the arsenic rule making process so that the EPA can produce a rational, well-researched,
cost effective standard that is in the best interests of the public.
2.
Requests
that the Secretary of State of Arizona transmit copies of this memorial to the
President of the U.S. Senate, the Speaker of the U.S. House of Representatives,
the congressional members of the State of Arizona and the Director of the EPA.
Amendments Adopted by Committee
1.
Changes
the reference to the proposed arsenic standard from 5 ppb to 10 ppb in
recognition of the EPA's proposal to set the standard at 10 ppb on January 17,
2001.
2.
Makes
technical and conforming changes.
Senate Action
NRAE 2/22/01 DPA 7-1-0-0
Prepared by Senate Staff
February 27, 2001