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®: CRE Regulatory Action of the Week

EPA Decides Not to Promulgate Drinking Water Standards for Perchlorate
On October 10, 2008, the U.S. Environmental Protection Agency published Federal Register notice of EPA's preliminary regulatory determination for perchlorate in accordance with the Safe Drinking Water Act. The notice states that EPA has determined that a national primary drinking water regulation for perchlorate would not present "a meaningful opportunity for health risk reduction for persons served by public water systems."

This determination is controversial. Perchlorate is alleged to have contaminated many drinking water systems. EPA devotes 20 pages in the Federal Register to explaining and defending its preliminary decision. EPA will accept comments on the decision until November 10, 2008.

EPA explains in its Federal Register notice that the Agency is taking other action on perchlorate. For example, "EPA plans to publish a health advisory for perchlorate at the time the Agency publishes its final [SDWA] regulatory determination to provide State and local public health officials with information that they may use in addressing local contamination."

As another example, "at the same time that EPA publishes a health advisory for perchlorate, the Agency will withdraw its existing January 2006 guidance regarding perchlorate and potential cleanup levels under the National Oil and Hazardous Substances Contingency Plan...and will replace it with revised guidance."

  • Click here to read EPA’s perchlorate Federal Register notice