Washington Update

Congress

• In the 105th Congress, a comprehensive regulatory reform bill was amended in the Senate Committee on Governmental Affairs and now enjoys considerable bipartisan support in and out of Congress. However, no action occurred since the committee reported the bill last May.

• Material Safety Data Sheets (MSDSs). Identical bills introduced last year in the House and Senate directed the Occupational Safety and Health Administration (OSHA) to set a standard format for material safety data sheets used to track chemical use. An amended version of the bill was approved by the House in August, and was referred to the Senate Committee on Labor and Human Resources. Supported by many small business groups, the bill required that certain information, usually found on product labels, be attached to the first page of an MSDS.

• Disinfectants/Disinfection By-Products (D/DBP). On December 3, 1998, EPA issued the D/DBP and Interim Enhanced Surface Water Treatment rules, arising out of provisions of the Safe Drinking Water Act (SDWA) amendments of 1996. These rules are intended to provide protection from microbial contaminants in drinking water while reducing disinfection by-products by 25 percent. The microorganisms Cryptosporidium and Giardia are targeted for special control methods such as filtration. Most affected by the new rules will be small public water systems that have not been previously subject to monitoring and treatment requirements.

  One facet of the D/DBP rule drawing attention is EPA's decision to retreat from its earlier proposal to raise the MCLG for chloroform (a Disinfection by-product) from zero to 300 parts per billion (ppb). This retreat ignores a statutory requirement that EPA use the "best available peer-reviewed science" in rulemaking As a result, resources could be misdirected from controlling risks such as emerging waterborne pathogens. The Chlorine Chemistry Council has filed suit on this aspect of the rule. For more information, contact Keith Christman, (703) 741-5935.

  Other considerations relevant to disinfection include additional research needs for developing the Filter Backwash Rule and whether the Information Collection Rule (ICR) can provide enough timely data to accomplish further DBP rule-making. Preliminary Federal Advisory Committee meetings on Stage 2 D/DBP will get underway near the end of the year.

  EPA continued stakeholder meetings on a number of other proposed rules required by the SDWA:

• State Revolving Loan Fund (SRF). Stakeholders have been addressing issues surrounding implementation of the State Revolving Loan Fund for financing improvements in drinking water and wastewater systems. Of particular interest is whether SRF assistance can be applied to existing public health problems.

• Ground Water Rule (GWR). Regional stakeholders meetings have produced progress in setting the structure of a rule to control pathogenic bacteria and viruses in wells and aquifers (source water not under the influence of surface water). The rule also covers distribution system failures, such as cross-connections or contamination. EPA has cautioned that requirements to identify high-risk wells and take corrective action do not mean disinfection will also be necessary or required for all systems. A preliminary draft rule was issued in January 1999.

• FDA Approves Chlorine Dioxide Use. FDA issued a final rule allowing for "the safe use of chlorine dioxide" as an antimicrobial wash for processed fruits and vegetables. FDA originally proposed this change in March 1994 in response to a petition filed by the National Food Processors Association. FDA has evaluated the relevant material and has concluded that the proposed use of chlorine dioxide "is safe and will achieve its intended technical effect."

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