US | EPA Issues Final Regulatory Determination Not to Regulate Perchlorate Under the Safe Drinking Water Act

In the July 21, 2020 Federal Register, the Environmental Protection Agency (EPA) announced its withdrawal of the 2011 determination to regulate perchlorate under the Safe Drinking Water Act. The purpose of this action is to notify interested parties of the EPA’s withdraw of its 2011 regulatory determination and the EPA’s final regulatory determination not to regulate perchlorate. For purposes of judicial review, the regulatory determination in this document is issued as of July 21, 2020.

On February 11, 2011, the EPA determined that perchlorate met the SDWA’s criteria for regulating a contaminant. On June 26, 2019, the EPA published a proposed national primary drinking water regulation (NPDWR) for perchlorate and requested public comment. Based on the best available information, the EPA has determined that  perchlorate does not occur “with a frequency and at levels of public health concern” within the meaning of the SDWA and that the regulation of perchlorate does not present a “meaningful opportunity for health risk reduction for persons served by public water systems.” Thus, the EPA will not issue an NPDWR.

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Sources:

EPA Notice, Drinking Water: Final Action on Perchlorate (July 21, 2020). 

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