| WASHINGTON
- May 22 - The U.S. Environmental
Protection Agency today finalized its plan to delay until February
a rule that would strengthen standards for arsenic, a known
carcinogen, in drinking water. The nine-month delay comes after the
arsenic rule was already postponed 60 days from its original March
2001 effective date. Congressional mandate legally required EPA to
establish a final rule by June 22, 2001, a deadline that the agency
will miss by eight months.
"Not only is EPA thumbing its nose at the legal deadline set by
Congress," said Maria Weidner of Earthjustice, "they're also doing
the American public a grave disservice by opting to delay and
reconsider this important public health standard. The jury is in on
arsenic's health effects-we know it's a poison and we know it
causes cancer."
In today's rule, the agency justifies missing its June deadline
and ignoring the law by asserting its authority -- independent of
statutory deadlines -- to establish appropriate effective dates.
The delay also will postpone until February 2002 stricter federal
reporting requirements to inform communities of the contamination
levels of arsenic in their drinking water.
"The Bush administration is flouting the law by delaying the
arsenic rule beyond the deadline set by Congress," said Joan
Mulhern of Earthjustice. "It seems their lawyers think they can get
off on a technicality by trying to debate the meaning of the words
in the law -- 'promulgate a final rule.' This is almost like trying
to debate what the meaning of the word 'is' is. The
administration's callous dismissal of the deadline shows they
believe themselves to be above the law."
"We know the mining industry doesn't want to see tougher
arsenic standards," added Weidner. "The Bush administration is
clearly more interested in keeping their corporate donors happy
than they are in complying with Congress's directives."
Earthjustice is the nonprofit law firm for the environment
representing-without charge-hundreds of public interest clients,
large and small. Earthjustice works through the courts to safeguard
public lands, national forests, parks and wilderness areas; to
reduce air and water pollution; to prevent toxic contamination; to
preserve endangered species and wildlife habitat; and to achieve
environmental justice.
White House Watch, a project of Earthjustice, monitors
administrative actions and reveals attempts to weaken our nation's
existing environmental and public health safeguards.
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