Natural Resources Committee Home

April 23, 2007

The Honorable Steven Johnson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20004

Dear Administrator Johnson:

On behalf of the nation's governors, we write with respect to EPA's proposal to revise the Agency's "small system drinking water affordability guidance." We appreciate EPA's efforts to address the challenges faced by small systems in providing safe and affordable drinking water to their customers. We have significant questions, however, about three aspects of the Agency's proposal.

First, the proposed revision would allow small systems to provide drinking water containing three times EPA's health-based "maximum contaminant level" as long as the affordability threshold is reached and a state determines that it is "protective of public health". What is the technical basis by which a state could determine that drinking water containing three times the maximum contaminant level was nevertheless protective? Has EPA developed scientific data indicating that three times the drinking water standard is protective for all communities, including sensitive subpopulations? If so, please make the data publicly available so states can rely upon it in making their determinations.

In addition, has EPA's Office of Enforcement and the U.S. Department of Justice considered the impact of this proposal on other environmental programs? At Superfund sites, for example, it may be difficult for a state to require a responsible party to clean up a toxic waste site to achieve the federal drinking water standards if a state previously determined that providing drinking water containing three times a maximum contaminant level is protective of public health.

Finally, the National Drinking Water Advisory Council recommended that "affordability" be defined as 1 percent of median household income on an incremental, rule-by-rule basis. In EPA's March 2006 Federal Register notice, EPA did not propose this level as a potential option. Why did EPA depart from the recommendations of the National Drinking Water Advisory Council?

As governors, we want to ensure that all of our citizens – both urban and rural - are provided safe, affordable drinking water. We look forward to your response and to working with you to find solutions to ensure that all citizens have access to safe and affordable drinking water. In the meantime, we request that you do not finalize the revised guidance until we have had an opportunity to discuss these issues and engage in a public stakeholder process that allows for a full evaluation of all potential options.

Sincerely,