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E-M:/ FW: Revised Drinking Water Criteria for Arsenic and Bromate; Requesting Comments for Bromate Interim Criteria

Enviro-Mich message from "Rita Jack" <rita.jack@sierraclub.org>

-----Original Message-----
From: Remediation and Redevelopment Division's Web Site news
[mailto:DEQ-RRD@LISTSERV.MICHIGAN.GOV] On Behalf Of Susan Jarrett-Norton
Sent: Monday, October 24, 2005 3:26 PM
Subject: Revised Drinking Water Criteria for Arsenic and Bromate; Requesting
Comments for Bromate Interim Criteria

The purpose of this notice is to inform you that the residential and
industrial/commercial drinking water criteria for arsenic and bromate have
been revised and to request comments on interim criteria for bromate.


A revised state drinking water standard for arsenic became effective on
April 6, 2005.  The new state drinking water standard of 10 parts per
billion (ppb) replaces the previous standard of 50 ppb. The arsenic
standard is contained in R 325.10604c of the Administrative Rules
promulgated under the Michigan Safe Drinking Water Act,  1976 PA 399, as
amended (MSDWA).  Consequently, the Part 201 drinking water criteria for
arsenic were revised from 50 ppb to 10 ppb and the soil criteria protective
of drinking water changed from 23,000 ppb to 4,600 ppb.  No other arsenic
criteria are being revised.  The authority for this change is contained in
Section 324.20120a(5) of Part 201, Environmental Remediation, of the
Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
(NREPA), R299.5706a(12) of the Part 201 Administrative Rules, and Section
21304a(4) of Part 213, Leaking Underground Storage Tanks, of the NREPA.
The effective date of these criteria is October 31, 2005.

Implementation of the change in the arsenic criteria will likely increase
the need to evaluate background groundwater arsenic concentrations.  Please
refer to the September 20, 2005, memorandum from Andrew Hogarth, that
provides direction to the Remediation and Redevelopment Division staff for
further information on background. The direct link to this memorandum is
09-20-2005.pdf, and you can navigate to this from the RRD Homepage
(http://www.michigan.gov/deqrrd) and scrolling to What's New.


A state drinking water standard for bromate was promulgated on January 29,
2003.  The state standard for bromate is contained in R 325.10610(1) of the
Administrative Rules promulgated under the Michigan Safe Drinking Water Act
(MSDWA).  Due to recent concerns regarding bromate at facilities, bromate
criteria have been developed.  This is the first time bromate has been
included in the Part 201 Criteria tables.  If a substance has not
previously been listed in the Cleanup Criteria tables, the Michigan
Department of Environmental Quality (MDEQ) may determine that it is a
hazardous substance and develop generic criteria using best available
information about the toxicological and physical chemical properties of the
substance (R299.5706a(10)).  The authority for development of the bromate
drinking water criteria is contained in Section 324.20120a(5) of Part 201
of the NREPA and Section 21304a(4) of Part 213 of the NREPA.  The drinking
water criteria and the soil criteria protective of drinking water become
effective on October 31, 2005.

The remaining criteria for bromate are based on an oral cancer slope factor
(CSF)  of 0.7 per mg/kg-day rather than the drinking water standard.  The
oral CSF was obtained from the United States Environmental Protection
Agency Integrated Risk Information System (IRIS).  Bromate was administered
in the drinking water to rats, and tumors were observed in the kidneys,
thyroid, and testicles of male rats (DeAngelo et al., 1998).  The criteria
generated using the CSF are:
. the Groundwater Surface Water Interface (GSI) criterion
. the Groundwater Contact Criterion (GCC)
. the soil criteria protective of GSI and GCC
. and the Soil Direct Contact Criterion (DCC)

The MDEQ is allowing a 45-day public comment period on the interim bromate
criteria that are based on the oral CSF from IRIS.  Comments should be
postmarked no later than December 15, 2005, and sent to the attention of
Ms. Christine Flaga, Chief, Toxicology Unit, Remediation and Redevelopment
Division (RRD), Michigan Department of Environmental Quality; P.O. Box
30426; Lansing, MI 48909.

The target detection limit (TDL) for bromate is 10 ug/L or ppb in water and
200 ug/kg or ppb in soil.  The water and soil TDL will be incorporated into
RRD Operational Memorandum No. 2, Attachment 1, in its annual revision.

The revisions to criteria apply to any facility where the hazardous
substances are a contaminant of concern and the affected pathways are
relevant (e.g., the drinking water pathway for arsenic).  Any remedial or
corrective action plan proposal must meet the changed criteria to be in
compliance with Part 201 and Part 213 of the NREPA unless a Remedial Action
Plan or Closure Report was approved prior to the effective date of the
revised criteria.  For a Part 213 site implementing a corrective action
plan, if arsenic or bromate are contaminants of concern, the affected
pathways are relevant, and the criteria are applicable, the site will need
to meet the revised cleanup criteria prior to closure.  Determination of
whether previously approved remedial action plans remain protective of the
public health, safety, or welfare and the environment will need to be made
on a case-by-case basis, in consultation with RRD management.  Parties that
have self implemented Part 201 response actvities will need to assess how
the revised criteria affect the selected response activities.  A closed
Part 213 site will not be re-opened solely because of change in criteria;
however, if a site is otherwise re-opened for cause (e.g., the discovery of
free product) the subsequent closure will need to meet the revised cleanup


The revised criteria for arsenic and the interim criteria for bromate have
been incorporated in the June 24, 2005, amendment to the Groundwater and
Soil Criteria Tables contained in RRD Operational Memorandum 1
"Part 201 Generic Cleanup Criteria/Part 213 Risk Based Cleanup Levels,"
Attachment 1.

Table 1:  "Groundwater" RRD Operational Memorandum 1
"Part 201 Generic Cleanup Criteria/Part 213 Risk Based Cleanup Levels"

Table 2:  Soil Residential/Commercial

Table 3:  Soil Commercial II/III and Industrial Criteria

You can also access Table 1, 2, and 3 and RRD Operational Memorandum No. 1
from the RRD homepage at


>From the listing under "What's New," select "Revisions to RRD Op Memo No.
1," or from the heading "Operational Memoranda, Cleanup Requirements, Forms
and Guidance," select "Operational Memoranda for Part 201 and Part 213

You can access the drinking water standards at


You can also access them from the State Office of Administrative Hearings
and Rules home page at http://www.michigan.gov/orr.
Select "MI Admin Code," "Department," "Environmental Quality," "Water
Division," and "Supplying Water to the Public - Part 6. State Drinking
Water Standards and Analytical Techniques."

Site-specific questions regarding the new arsenic criteria should be
presented to the RRD project manager serving the
facility.  The district map, phone, and address can be accessed at

For questions regarding criteria development for arsenic and bromate,
please contact:

Ms. Christine Flaga, Chief
Toxicology Unit
Remediation and Redevelopment Division
Department of Environmental Quality
E-mail:  flagc@michigan.gov
Phone:  517-373-0160

For questions on website navigation and listserver notices, please contact:

Ms. Susan Jarrett-Norton
Remediation and Redevelopment Division
Department of Environmental Quality
E-mail:  nortons1@michigan.gov
Phone:  517-373-2113


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