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Proposed Guidance
For 6-Year Review Of NPDWRs
Background
SDWA Requirements
The Safe Drinking Water Act (SDWA), as amended in 1996, requires the
United States Environmental Protection Agency (EPA) to publish a list
of contaminants and make decisions on those contaminants that will require
regulatory action; in addition, the EPA must periodically review existing
National Primary Drinking Water Regulations (NPDWRs) and, if appropriate,
revise them. This recommendation is in reference to the latter requirement,
known as the Agency's Six-Year Review of National Primary Drinking Water
Regulations. Section 1412(b)(9) of the SDWA, states, "The Administrator
shall, not less often than every 6 years, review and revise, as appropriate,
each national primary drinking water regulation promulgated under this
title. Any revision of a national primary drinking water regulation shall
be promulgated in accordance with this section, except that each revision
shall maintain, or provide for greater, protection of the health of persons."
NDWAC recognizes and endorses the principal of 6-year reviews and the
principal of providing equal or greater health protection in the revision
of EPA's regulations.
Task of the Working Group
The Working Group on CCL and 6-Year Review was formed to make recommendations
to the National Drinking Water Advisory Council regarding specific provisions
of the SDWA addressing regulatory determinations from the CCL and the
review and revision of existing regulations. The first task of the Working
Group was to provide recommendations on a protocol for making regulatory
determinations from current and future CCLs. The recommendations of the
Working Group on a protocol for making regulatory determinations were
provided to NDWAC in June 2000.
The second task of the Working Group was to produce a guidance document
describing the process and strategy for reviewing existing NPDWRs. The
attached "Recommended Guidance for Review of Existing National Primary
Drinking Water Regulations" encompasses the recommendations of this Working
Group. It provides the guidelines and tools needed to conduct standardized,
systematic review of NPDWRs during this and subsequent six-year cycles.
Outcome
The Working Group has developed a guidance for review of existing NPDWRs.
SDWA Section 1412(b)(9) served as the basis for the guidance development.
Following are key recommendations in this regard.
Under the defined scope of review, EPA should:
- During the first six-year cycle, revisit data on which previous regulatory
decisions were made, effectively identifying data gaps that need to
be filled;
- In future six-year review cycles, assume that existing regulations
are adequate, except where more current, reliable data are available;
- For the second and subsequent review cycles, group regulated contaminants
for review, in order to achieve some efficiencies in the review process;
- Rely on data available to the Agency in a timeframe that allows the
Agency sufficient time for the review process;
- Identify areas where significant data gaps exist and initiate activities
to fill those gaps for subsequent review rounds; and
- Require sound, scientific methods to carry out a review leading to
a revision.
In addition, EPA plans to apply the basic principles of risk management
in order to make the most protective and cost-effective decisions possible.
The WG made additional recommendations within the subject Guidance.
Recommendation
It is recommended that the guidance and recommendations developed b the
Working Group on CCL and 6-Year Review be used by EPA for conducting reviews
of existing NPDWRs.
Attachments:
1. Recommended Guidance for Review of Existing National Primary Drinking
Water Regulations, National Drinking Water Advisory Council, November,
2000.
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