STATEMENT BY HERBERT E. ALLEN BEFORE THE HOUSE RESOURCES COMMITTEE SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES SEPTEMBER 25, 2003 Good afternoon, Madam Chairman, Mr. Kind, and members of the Committee: Mining waste materials often contain metals, such as copper and lead, and metalloids, such as arsenic, that are commonly regarded as having the potential to be toxic to humans and to organisms in the environment. Whether toxicity occurs depends critically on the physical and chemical composition of the waste material and on the chemical conditions in the environment receiving the waste material. The total concentration of a contaminant is not predictive of the toxicity observed for either humans or for other animal or plant species. Only a fraction the bioavailable fraction causes a toxic response. Both the chemical form of a substance and interactions of the contaminant and the organism with other substances affect the bioavailability of the contaminant. In addition there must be exposure of the organism to the contaminant before any toxic response can occur. I would like to discuss exposure and chemical effects on bioavailability as two important factors that must be considered in the evaluation of toxicity. Toxicity data are commonly developed in the laboratory using soluble salts. This generally supplies the contaminant in its most bioavailable form. Some contaminants in soil, sediment, water and wastes are often less available than would be concluded based on the total amount present in the test. A recent panel of the National Academies recommended greater use of bioavailability in risk assessments. To exert a toxic response, a contaminant must be able to interact with a receptor in the exposed organism. Generally, this requires that the contaminant be dissolved. This can occur in the environment or within the body of the organism. Extractions of lead and arsenic from contaminated soils have been shown to correlate well with uptake by animal surrogates for humans. Often, less than one-half of the lead in a sample is bioavailable. Contaminants from other solid materials are likewise poorly soluble in the acidic stomach of a mammal. A soil-dwelling organism can access only a small fraction of the metal, that which is soluble and in soil solution or is dissolved in its gut following ingestion of soil particles. Aquatic organisms are exposed to both inorganic particles and food particles, and to dissolved forms of contaminants. Understanding bioavailability of contaminants in food is an area of active research that is being pursued by the Environmental Protection Agency (EPA) and others. Present water quality criteria address dissolved contaminants. However, the toxicity of a metal can vary over 200-fold depending on the chemistry of the water. The principal factors controlling the bioavailability are water hardness, acidity and the concentration of dissolved natural organic matter. A new generation of water quality criteria for metals that incorporate these factors for the protection of aquatic life is being readied for release by EPA. Toxicity is accurately predicted by a model called the Biotic Ligand Model that accounts for the interaction of metals with substances that modify their toxicity and by substances in the water that modify the response of organisms to metals. Currently EPA is developing a Framework for Assessing Hazards and Risks of Metals and Metal Compounds. The goal is to develop a cross-Agency framework describing the basic principles that need to be considered in assessing the hazards and risks posed by metals. It will present a consistent approach for making these assessments. The EPA Science Advisory Board panelists who reviewed the Agency’s plans for development of the Framework stressed the importance of environmental chemistry and its relevance to the assessment of both inorganic and organometallic compounds. They also pointed out the importance of bioavailability in assessment of risks and hazards posed by metals. The Agency should be encouraged to apply the best science available as they complete the Framework. This would emphasize the key roles of incorporating exposure and bioavailability in the assessment of risk of metals. Thank you again for this opportunity to address the Committee. I would be pleased to answer your questions.