EPA has released draft state implementation guidance for the arsenic rule, which was confirmed recently following a lengthy review. The 70-page document describes basic rule requirements regarding record-keeping and reporting, determining violations, defining significant noncompliers, and submitting primacy revision applications and requests for extensions.
EPA started the two-year clock ticking as of Jan. 22, 2001, for submitting state primacy revision applications, meaning the applications are due by Jan. 22, 2003. The SDWA, however, allows EPA to grant states up to two extra years to submit the application. States seeking such an extension have until Jan. 22, 2003, to submit requests.
The guidance includes tables, figures and appendices that describe water system compliance deadlines and monitoring requirements, approved analytical methods, best available technologies, small system compliance technologies, and public notification and Consumer Confidence Report requirements.
Given the rule's revised effective date of Feb. 22, 2002, EPA has established different requirements for CCRs due in 2002 depending on whether they are distributed before or after the effective date.
For CCRs due by July 1, 2002, but delivered before Feb. 22, 2002, systems must comply with current requirements demanding inclusion of educational information when detected levels are between 25 micrograms/L and 50 micrograms/L and the mandatory health effects language when the system violates the 50-micrograms/L standard.
The educational information, which can be altered upon state approval, states that "EPA is reviewing the drinking water standard for arsenic because of special concerns that it may not be stringent enough..." The mandatory health effects language states that "Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system and may have an increased risk of getting cancer."
For CCRs due by July 1, 2002, but delivered after Feb. 22, 2002, systems must comply with new requirements demanding inclusion of a revised educational statement when detected levels exceed 5 micrograms/L but are less than or equal to 10 micrograms/L and the mandatory health effects language when levels exceed 10 micrograms/L but are less than or equal to 50 micrograms/L and when the system violates the 50-micrograms/L standard.
The revised educational information, which can be altered upon state approval, states that "While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems."
New CAFO DataEPA is making available new data and information that will be used to develop final regulations for concentrated animal feeding operations (CAFOs).
The data and information — provided by industry groups, the general public, and the US Department of Agriculture — will be used to ensure that the final regulation is technically and economically sound.
EPA is considering using the information to refine certain technology options and modifying the methodology used to estimate compliance costs and other financial impacts. According to the notice, EPA also is considering ways to make state NPDES and other programs relating to CAFOs more flexible, including providing options to encourage development and implementation of environmental management systems.
The deadline to submit comments on the proposed regulation has been extended to January 15, 2002. WW/
