Washington Update
Federal Advisory Committee Agreement

The Stage 2 Microbial and Disinfection Byproducts (M-DBP) Federal Advisory Committee Agreement in Principle was signed in September and issued to the public (via The Federal Register) in late December. The agreement addresses interrelated drinking water regulations focusing on risks from microbial pathogens and disinfection byproducts (DBPs). The committee consisted of representatives of the EPA, public interest groups, public health and regulatory agencies, local officials, Indian tribes, drinking water suppliers and chemical and equipment manufacturers.

The Stage 2 Disinfection Byproducts Rule (DBPR) was developed simultaneously with the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR ) in order to address the risk trade-offs between pathogen control and exposure to DBPs. The updated DBPR is based on new data collected from 300 large public water systems and 120 surveys of small systems.

The agreement calls for a two-phase approach to control disinfection byproduct peaks in distribution systems. During phase one, the maximum contaminant levels (the maximum permissible level of a contaminant in water which is delivered to any user of a public water system) for total trihalomethanes and five haloacetic acids will be 0.080 and 0.060 mg/L respectively (based on individual utilities system-wide running annual averages). Additionally, site-specific locational running annual averages of 0.120 and 0.100 mg/L will be introduced.

During phase 2, the maximum levels for the more stringent locational running annual averages will be reduced to 0.080 mg/L for trihalomethanes and 0.060 mg/L for the five haloacetic acids. Compliance sites will be changed based on the sites determined by a system wide study of disinfection byproduct levels.

With regard to microbial pathogens, the Committee recommended the classification of water systems based on results of Cryptosporidium monitoring. The systems with greater Cryptosporidium risks will be required to take more aggressive treatment steps to protect their water, including greater source water protection, filtering and disinfection where needed.

The USEPA has agreed to develop a proposed rulemaking for the Stage 2 DBPR and LT2ESWTR in 2001 to reflect recommendations in the Agreement in Principle.

For the complete notice of agreement in principle, visit the Federal Register of Environmental Documents at http://www.epa.gov/ogwdw000/mdbp/st2fr29.html

Revised arsenic standard

On March 20^th, U.S. Environmental Protection Agency Administrator Christie Whitman announced that the EPA will propose the withdrawal of the pending arsenic standard for drinking water that was issued during the final days of the Clinton Administration. The rule proposed by the previous Administration would have reduced the acceptable level of arsenic in water from 50 parts per billion to 10 ppb.

Changing the arsenic standard was advocated by a National Academy of Sciences panel that determined the current 50-parts-per-billion standard places people at risk of bladder and lung cancer as well as other heart, skin and lung ailments. Such illnesses were linked to arsenic in water in studies conducted in Argentina, Taiwan and Chile.

The American Water Works Association had issued comments supporting the strengthening of the standard, while others expressed concern that households in poor rural communities may face $30 to $200 per month rate increases to meet the new requirements.

The EPA announced it will seek independent reviews of both the science behind the standard and of the estimates of the costs to communities of implementing the rule.

For more information on the arsenic ruling, go to

http://www.epa.gov/safewater/arsenic.html

EPA’s nutrient criteria

The EPA is setting new water quality standards for nutrients, including nitrogen and phosphorous. The criteria are expected to significantly reduce nutrients in the nation’s supplies. States are expected to adopt or revise their nutrient standards by 2004.

The new standards were developed as an outcome of the federal government’s 1998 Clean Water Action Plan, which called for the creation of nutrient criteria reflecting different types of water bodies and ecoregions of the country.

Concern grew out of figures in the 1996 National Water Quality Inventory warning that 40 percent of rivers, 51 percent of lakes and 57 percent of estuaries surveyed do not adequately support aquatic life because of excess nutrients. Excessive nutrients can choke waterways and lead to algae blooms, including Pfiesteria and red tide, resulting in fish kills and potentially harmful human health effects.

For more information, visit EPA’s website at http://www.epa.gov/ost/standards/nutrient.htm