STAND. COM. REP. NO. 1507

Honolulu, Hawaii

, 2004

RE: S.C.R. No. 185

S.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred S.C.R. No. 185, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION URGING IMMEDIATE DEVELOPMENT AND IMPLEMENTATION OF ALTERNATIVE RULES UNDER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S SAFE DRINKING WATER ACT'S LEAD AND COPPER RULE."

begs leave to report as follows:

The purpose of this measure is to urge the United States Environmental Protection Agency (USEPA) to:

(1) Develop and implement alternative rules immediately under the Lead and Copper Rules;

(2) Provide an option to identify and remove sources of contaminants when it has been demonstrated that the additives have not been effective in controlling the problem;

(3) Alter its methods and standards of sampling schemes to include a higher level of detail and accuracy;

(4) Allow for a contingency plan should all other routine recommendations for additives fail and allow a process for feedback of empirical data regarding the effectiveness of additives;

(5) Monitor lead action levels carefully, even after the onset of the recommended additive intervention;

(6) Establish a mechanism to terminate the utilization of additives when the water supply has dropped below the 15 parts per billion action level;

(7) Manage all water systems on a case by case basis in order to assess the varying environmental conditions at the local level; and

(8) Study its criteria carefully that allows brass in plumbing fixtures, to ensure that no lead is leached into drinking water.

Testimony in support of the measure was received from Kula Community Association.

Your committee has learned that for nearly three years the Maui Department of Water Supply has complied with the lead control remedies specified in USEPA's rules to reduce lead levels in Upcountry Maui's three water systems-Makawao, Upper Kula, and Lower Kula. Lead levels have fluctuated and continued to exceed safe standards as the last test of Upper Kula water in August contained 41 parts per billion, well above the USEPA lead action level of 15 parts per billion. The USEPA Lead and Copper Rule requires water treatment if more than 10 percent of the samples are above the lead action level of 15 parts per million. Water treatment prescribed by the Lead and Copper Rule include addition of corrosion inhibitors, Calgon C-9 zinc orthophosphate, and phosphates to the water supply. Residents in Upcountry Maui have suffered a variety of skin, respiratory, and other symptoms attributed, though not proven to be the caused by, the water. This resolution is to request the USEPA to form other remedies besides injecting chemicals into the community's water supply, especially if the lead problems may exist only in a fraction of the homes, and to manage all water systems on a case by case basis in order to assess the varying environmental conditions at the local level.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 185, S.D. 1, and recommends its adoption.

 

 

 

 

 

 

 

Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair