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March 22, 2001
The Honorable Christie Whitman
Administrator of the Environmental Protection Agency
Environmental Protection Agency
1200 Pennsylvania Avenue
Washington, D.C. 20460
Dear Administrator Whitman:
In a February 4, 2001 letter to OMB Director Mitchell E.
Daniels, Jr., I expressed my concern that the Administration’s
government-wide regulatory review plan should not be used to turn
back the clock on important health, safety, and environmental
protections put in place after years of research, public comment,
and agency consideration. My concern has grown considerably as the
Administration has taken steps to reverse or weaken a number of
regulations aimed at guarding the environment and the health and
safety of the American people.
As part of this regulatory review plan, you announced on March
20, 2001 that the effective date of a standard reducing the amount
of arsenic allowed in our drinking water would be delayed for 60
days and that you have decided to propose the entire elimination
of this rule. As you know, this regulation updates a standard
unchanged for nearly 60 years, which was developed after 25 years
of public debate and comment about the dangers of arsenic, one of
the most toxic chemicals in the world.
As Ranking Member of the Committee on Governmental Affairs,
which is responsible for overseeing the proper conduct of
regulatory decision making, I am very troubled by this decision to
undo so many years of work and by the quick and closed-door
decision-making process that led to it. So that Congress can
appropriately review this process and the decisions resulting from
it, I would appreciate your sending me the following materials
regarding the arsenic regulation:
- All documents reflecting or relating to any communications
or correspondence between anyone in your agency and any person
or entity outside your agency (including both any individual
working for another agency or branch of government and any
individual not associated with the government) on or after
January 20, 2001, or between anyone in your agency and anyone
on or representing the Bush Administration transition team
after November 7, 2000, regarding the subject matter of the
regulation or the possibility of delaying, suspending,
rescinding, or otherwise modifying it.
- A description of any meetings between anyone in your agency
and anyone outside of your agency on or after January 20,
2001, or between anyone in your agency and anyone on or
representing the Bush Administration transition team after
November 7, 2000, regarding the subject matter of the
regulation or the possibility of delaying, suspending,
rescinding, or otherwise modifying it.
- Copies of all documents prepared by or reviewed by anyone
within your agency on or after January 20, 2001, in connection
with your agency’s review of the regulation or the
possibility of delaying, suspending, rescinding, or otherwise
modifying it.
- A description of the process by which you and others in your
agency have reviewed and intend to review the regulation,
including a description of the involvement of other agencies
or departments, OMB, and the White House.
Please provide me with these documents by April 6, 2001. My
staff will contact your office to discuss the schedule for your
providing these materials.
Thank you very much for your assistance.
Sincerely,
Joseph I . Lieberman
Ranking Member
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