Perchlorate regulation has been a contentious issue since the first formal EPA decision in 2011. The scientific consensus now is that Perchlorates are of sufficient risk to necessitate being regulated as a Primary Contaminant.
Perchlorate salts have been used for almost a century in the manufacture of fireworks, rocket propellants, road flares, food additives, medicines, and even life-preserving “oxygen candles” on spacecraft, submarines, and in other situations where a solid-state backup oxygen supply is needed.
A US Federal Appeals Court ruled on 05/09/2023 that the EPA must regulate Perchlorates, reversing a 2020 rollback decision where EPA declined to regulate under Perchlorates under SDWA
A three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously in an appeal brought by the Natural Resources Defense Council last year after the EPA, under the Biden administration, stood by the rollback. Two judges wrote that the EPA had no authority to withdraw from a 2011 determination that perchlorate should be regulated.
“The court ruled that EPA must regulate perchlorate-contaminated drinking water because the agency had found that it poses a health risk to millions of Americans…After more than a decade of delay and litigation, EPA now must issue a drinking water standard for this widespread and dangerous contaminant.”
– Erik D. Olson, NRDC’s senior strategic director for health
What is the Impact of this Ruling?
The EPA will now formally begin the process for establishing an MCL (much of the work has already been done) and publishing it for Public Comment – this usually takes around 2 years. After that, water utility providers will be required to test for the concentration of Perchlorate contamination in the waters that they provide to consumers and of course to take appropriate remedial action when their concentrations exceed the MCL.
EPA has previously established a reference dose for perchlorate, which is consistent with the reference dose recommended by the National Research Council’s 2005 report: Integrated Risk Information System (IRIS) reference dose for chronic oral exposure (RfD)
After the MCL is approved, the FDA will also be required (under section 410(b)(1) of the Federal Food, Drug, and Cosmetic Act) to issue a standard of quality regulation for perchlorate in bottled water or make a finding that such a regulation is not necessary to protect the public health because perchlorate is contained in water in public water systems, but not in water used for bottled water. The FDA is required to take such action not later than 180 days before the effective date of EPA’s MCL.
Addressing Perchlorates in your water
A number of Point of Entry (POE) and Point of Use (POU) technologies can effectively address Perchlorate compounds in water. My preference is always to deploy at least TWO levels of treatment to ensure efficacy.
Consult with your local Certified Water Specialist for the very best advice.
Additional Reading
EPA’s latest analysis shows perchlorate risks to fetal brain development – EDF Health
Technical Fact Sheet – Perchlorate (epa.gov)
http://gregknowswater.com/perchlorates-in-water/
EPA’s safety standard for perchlorate in water should prioritize kids’ health – EDF Health