Today's arsenic fact is courtesy of Rep. J. Patrick O'Neil, who was vice-chair of the Special Legislative Commission to Study Naturally Occurring Arsenic in Soil, and who provided an official comment to DEM that was included in the Beneficial Use Determination (BUD), available on the DEM web site.

Representative J. Patrick O'Neil, Rhode Island House of Representatives Majority Whip (DEM responses in italics)

• Commenter was Vice Chair of Special Legislative Commission to Study Naturally Occurring Arsenic in Soil. As detailed in the Commission's report (See Attachment F: Finding and Recommendations of the Special Legislative Commission to Study Naturally Occurring Arsenic in Soils) the regulatory standard of 7 mg/kg needs to have a measure of flexibility to reflect the unique situation regarding naturally-occurring concentrations of arsenic.
  No response needed.
• The proposed modification regarding acceptance of grading and shaping material with average of 20 and maximum of 40 mg/kg is entirely consistent with the Commission's findings and recommendations.
  Response from the Commission's leadership is helpful in guiding the Department regarding whether the Commission's intent was to allow this type of activity. See also The Relationship of Regulatory Standards to the Proposal
• Precluding the use of the material set a bad precedent that will have negative impacts on individuals, developers and municipalities.
  See above response.
• The Proposed is more conservative than the Commission's recommendations and proposed regulatory amendments in that it calls for 2 feet of cover with and ELUR whereas under the proposed amendments there is only 6 inches of cover with no ELUR for soils with that level of arsenic.
  See above response.

Editorial note: I strongly encourage anyone who lives in Island Park to read the entire BUD and get the facts.