EPA Publishes Proposed Perchlorate Drinking Water Regulation

The EPA is formally proposing new drinking water regulations on the chemical perchlorate, the first new drinking water regulation from the agency since the George W. Bush administration.

The EPA published the pre-publication version of the proposed perchlorate drinking water regulation on May 23, and is asking for comments on a proposed National Primary Drinking Water Regulation (NPDWR) for perchlorate to establish a Maximum Contaminant Level (MCL) and a health-based Maximum Contaminant Level Goal (MCLG) at 56 micrograms per liter.

Perchlorate is a component of rocket fuel, fireworks, and some food packaging.

Perchlorate was listed on the First Contaminant Candidate List (CCL1) in 1998 and listed on the First Unregulated Contaminant Monitoring Rule (UCMR1) in 1999.

In addition, the Agency is seeking comment on three alternative regulatory options:

• An MCL and MCLG for perchlorate set at 18 micrograms per liter.
• An MCL and MCLG for perchlorate set at 90 micrograms per liter.
• Withdrawal of the Agency’s 2011 determination to regulate perchlorate in drinking water, which was a reversal of the 2008 preliminary determination to not regulate perchlorate.

The EPA will accept public comment on the proposal for 60 days after publication in the Federal Register via http://www.regulations.gov [Docket ID No. EPA-HQ-OW-2018-0780]. Based on an estimated Federal Register publication at the end of May, comments would be due by the end of July.