Perchlorate EPA Seeks Input on National Primary Drinking Water Regulation Contaminant Perchlorate

WASHINGTON (October 3, 2024) – The U.S. Environmental Protection Agency is inviting small businesses, governments, and not-for-profit entities to participate as Small Entity Representatives (SERs) providing advice and recommendations to a Small Business Advocacy Review (SBAR) Panel. This SBAR Panel will focus on the agency’s development of a rule that will regulate perchlorate in drinking water to protect public health.

EPA is developing a National Primary Drinking Water Regulation (NPDWR) for the chemical contaminant perchlorate (ClO4) under the authority of the Safe Drinking Water Act (SDWA) and as required by court orders. EPA has committed to issuing a proposed NPDWR for perchlorate by November 2025 and a final regulation by May 2027.

The Regulatory Flexibility Act requires agencies to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The SBAR Panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and the EPA. The Panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, government, or organization to inform the Panel members about potential impacts of the proposed rule on small entities.

The EPA seeks self-nominations directly from the small public water systems (serving 10,000 or fewer people) that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small public water systems, may also serve as SERs.

Self-nominations may be submitted through the link below and must be received by October 7, 2024.

Nominate yourself as a SER.

Visit the EPA’s perchlorate in drinking water webpage for more details.

For further information: Contact: EPA Press Office (press@epa.gov)

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North Carolina School Finds Contaminated Drinking Water Perchlorate

“On Dec. 18, elevated levels of perchlorate were discovered in drinking water at Lake Norman High School in Iredell County, N.C. The Iredell-Statesville School Board has decided to provide bottled water to students and staff until further testing of the water quality is completed.

According to a press release, the school found that perchlorate levels at Lake Norman High School were particularly elevated compared to neighboring schools. While perchlorate levels are not regulated in North Carolina, the school system recognizes the risks and has opted to provide bottled water. The schools system hired an outside agency, Reliant Environmental, to test the district’s water quality following the discovery of elevated lead levels at a neighboring school.”
Source: Water Quality Magazine

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What is Perchlorate?
Perchlorate is a naturally occurring and manufactured chemical anion  (ClO4-).  Perchlorate occurs naturally in arid states within the southwestern portioin of the United States, nitrate fertilizer deposits in Chile, and deposits of clay deposits rich in potassium and sodium salts, i.e., potash ore,  in the United States.  It also forms naturally in the atmosphere by a photochemical interaction  between chloride and ozone in the atmosphere .  Perchlorate is commonly used as an oxidizer in rocket propellants, munitions, fireworks, airbag initiators for vehicles, matches, and signal/road flares.   The primary source of perchlorate is man-made.

People are exposed to perchlorate primarily through eating contaminated food or drinking water and perchlorate dissolves in water.  FDA perchlorate data can be found here.

The EPA has not yet established a maximum contaminant level goal for perchlorate and the intermim health advisory can be found here. Massachusetts adopted a drinking water standard for perchlorate of 2 µg/L, and California promulgated a revised standard of 1 µg/L.  In addition, states may impose clean-up standards related to the quality and use of the groundwater aquifer.

Perchlorate can be removed using a number of advanced treatment technologies. Each technology has advantages and disadvantages depending on the level of perchlorate present in the source water, removal goals, other water quality parameters, competing treatment objectives, and treatment waste disposal options. Regenerable and single-pass ion exchange, reverse osmosis, and fixed- and fluidized-bed biological treatment can all remove perchlorate from drinking water sources.

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