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ARTICLE · 05 APRIL 2022

Is EPA's Decision The End Of The Road On Perchlorate?

Holland & Knight
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The U.S. Environmental Protection Agency (EPA) announced on March 31, 2022, that it did not intend to regulate perchlorate in drinking water, leaving its July 2020 decision in place.

United StatesEnvironment
Dianne Phillips
Dianne Phillips
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The U.S. Environmental Protection Agency (EPA) announced on March 31, 2022, that it did not intend to regulate perchlorate in drinking water, leaving its July 2020 decision in place. EPA concluded that the prior decision was based on the best available science. This has been a long road since Massachusetts was one of the first states to regulate perchlorate in drinking water in 2006. (See Holland & Knight newsletter, "Massachusetts Proposes First-in-the-Nation Drinking Water and Cleanup Standards of 2 ppb for the Chemical Perchlorate.") Ironically, it was the quick and decisive action by states years ago that resulted in EPA's 2020 conclusion that perchlorate occurrence in the environment has decreased over time and does not meet the criteria for regulation under the Safe Drinking Water Act (SDWA).

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