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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.
Regulatory Agencies
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 É and will achieve its
intended technical effect."
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