(Times-News (Twin Falls, ID) Via Acquire Media NewsEdge) Dec. 7--You might not see it or taste it. And few people cared about it until seven years ago.

But the arsenic in Twin Falls' water will cost $33.3 million to remove.

The city of Twin Falls hopes a judge will allow it to incur long-term debt to fund a multimillion-dollar water project package, bringing to a close an eight-year saga. Having to comply with new federal standards has plagued thousands of U.S. cities -- none have refused to comply. Like those municipalities, Twin Falls will not be given permanent relief from having to meet the mandates, according to public and independent officials.

Since the Environmental Protection Agency in 2001 lowered its drinking water arsenic standards from 50 parts per billion to 10 ppb, the city has explored its options and conducted numerous tests. Ultimately, officials chose to purchase water shares in the Snake River Canyon but estimate $20 million is needed to move and blend the water. Officials say it's the best and cheapest option.

The only problem is the city doesn't have the money -- and the feds aren't budging.

Gene Taylor, the EPA's environmental specialist who oversees drinking water in the Pacific Northwest, said "thousands" of cities had to make changes to comply. Local examples include Castleford, where levels were more than 20 ppb, and Buhl, where voters approved massive infrastructure changes.

But he said none have refused or missed their deadlines.

Taylor said there are three options for cities to lighten most EPA standards. Waivers allow cities to opt into less monitoring of containment if they demonstrate less frequency. For example, if just one of the city's four tests in one year resulted in a violation, a waiver could be granted. Taylor said none have been given so far.

Another option, a variance for a permanent exemption, doesn't even matter in arsenic because the new standard measures "unreasonable health" in which there's no wiggle room.

"For arsenic, it's really a moot point. A variance isn't going to come along," he said. "What do you say to other systems? They'll say 'I'm 10.2, why can't I get under the wire? ?- Then essentially you don't have a standard."

In Twin Falls, City Manager Tom Courtney said he wasn't sure how to apply for a variance but he's confident every alternative was explored, including whether it could opt out.

"The information we have received is there will be no variances," he said. "There was absolutely no question ?- that they expect us to fully comply with the requirement."

Rather, the city chose a deadline-delay to Jan. 11, 2011, negotiated with state officials. A delay is the most common option nationwide, and more than a dozen Idaho cities have used it.

If the city fails to comply, it can be assessed daily fines of as much as $75,000. City officials also said the EPA could shut down wells in south Twin Falls, where arsenic averages 14 ppb.

"If it gets to the point where fines are assessed they are intended to be so punitive that it's better to comply than to not," said Taylor. "They're not just symbolic fines. They can be substantial."

But fines wouldn't actually come until after talks with the state and likely federal hearings, Taylor said. No cities have ever been fined. The city could sue the EPA. But when the cities of Portland and New York challenged federal standards in another water issue, they were unsuccessful.

"If they dare the gorilla to do something, then the gorilla will probably do something," Taylor said about challenging standards.

But perhaps there's been no legal challenge because of the scientific evidence and health research, including data that claims arsenic causes cancer. A recent study found a correlation between lower levels of the substance -- an average of 7.1 parts per billion, as measured in the human body -- and a rise in Type 2 diabetes.

Many wanted a lower standard -- the 50 ppb was around for 50 years -- and say 10 ppb is the most politically, technologically and economically viable. Experts and public officials refute the criticism popular in Idaho that the standards are arbitrary and based on international studies.

"What I say is that the sun is naturally occurring and if you don't use the technology available to protect yourself -- wear long sleeves, put on a hat or use sun block -- you're going to get crisped and sunburned and have health problems," said Paul Schwartz, the national policy coordinator for Clean Water Action, a 1.3 million-member non-partisan group that advocates clean and safe water. "The same thing is true with arsenic."

Ultimately, it's about money.

Idaho's Constitution prohibits cities from taking on more than a year's worth of debt without approval of a judge or voters. In seeking judicial confirmation, Twin Falls is asking a judge to approve debt that is used for "an ordinary and necessary" expense.

The EPA offers small communities options to get federal funds. Buhl secured funding to help with their compliance. Courtney said Twin Falls has inquired about federal funding, through the EPA and its congressional delegation, but have been told the city is too big to qualify.

And the tough economic times won't change much.

"In these times, which seem to be unprecedented, I've never heard of that happening," Taylor said. "I've never heard of a regulation being altered by virtue of the general economic downturn."

Schwartz said the biggest hurdles are tied to money, and one solution is to increase federal funding to municipalities -- and pointed out that Twin Falls is "small" on a national scale.

The wrong route, however, would be to refute the evidence on arsenic.

"If we stop providing good, safe, clean water to our communities, we're not doing very well as a country," he said.

Jared S. Hopkins may be reached at 208-735-3204 or jhopkins@magicvalley.com.

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