#TDIWH— January 22, 2001: Arsenic Rule Final

Map of typical levels of Arsenic in U.S.  water supplies

Map of typical levels of Arsenic in U.S. water supplies

January 22, 2001: Final Rule for Arsenic in Drinking Water. “Today’s final rule revises the current Maximum Contaminant Level (MCL) from 50 µg/L to 10 µg/L and sets a Maximum Contaminant Level Goal (MCLG) of zero for arsenic in drinking water. In addition, this final rule also clarifies how compliance is demonstrated for many inorganic and organic contaminants in drinking water…. Both community water systems (CWSs) and non-transient, non-community water systems (NTNCWSs) will be required to reduce the arsenic concentration in their drinking water systems to 10 µg/L…. All CWSs and all NTNCWSs that exceed the MCL of 10 µg/L will be required to come into compliance 5 years after the publication of the final rule. Beginning with reports that are due by July 1, 2002, all CWSs will begin providing health information and arsenic concentrations in their annual consumer confidence report (CCR) for water that exceeds ½ the new MCL….

In the 1996 amendments to the Safe Drinking Water Act (SDWA), Congress directed EPA to propose a new arsenic regulation by January 1, 2000 and to issue the final rule by January 1, 2001 (Congress subsequently extended the final rule date to June 22, 2001). EPA published the proposed rule for arsenic on June 22, 2000. The rule proposed an MCL of 5 µg/L for arsenic and EPA took comment on regulatory options of 3 µg/L (the feasible level), 10 µg/L and 20 µg/L. The 1996 amendments to SDWA added discretionary authority for the EPA Administrator to adjust the maximum contaminant level (MCL) if the benefits would not justify the costs (§1412(b)(6)). Today’s rule is important because it is the second drinking water regulation in which EPA will use the discretionary authority under §1412(b)(6) of SWDA. After careful consideration of the benefits and the costs, EPA has decided to set the drinking water standard for arsenic higher than the technically feasible level of 3 µg/L because EPA believes that the costs would not justify the benefits at this level. EPA believes that the final MCL of 10 µg/L maximizes health risk reduction at a cost justified by the benefits.”


3 thoughts on “#TDIWH— January 22, 2001: Arsenic Rule Final

  1. Chet Anderson

    Mike: My memory may be faulty but….I think I recall that the Clinton EPA had dallied and did not release the final Arsenic MCL until just before his term ended (around Jan 20, 2001?) but….at the same time as George W. Bush was taking the oath, Bush’s “chief aide?”…Andrew Card, was writing a memo “delaying’ implementation of the rule …..theoretically, to do some kind of added analysis? The rule was later approved and became official. (I’m too lazy to research to see if my recall is accurate.) Chet


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s