For More Information: Bill Romanelli, 916-212-1446
STATEMENT FROM THE PERCHLORATE INFORMATION BUREAU (PIB)
Re: U.S. EPA Notice of Proposed Rulemaking on Perchlorate
The most noteworthy point regarding the U.S. Environmental Protection Agency’s (EPA) pending rulemaking on perchlorate is that, according to the agency’s own analysis, perchlorate does not appear to meet the statutory criteria for additional federal regulations. Nevertheless, an interpretation of administrative law suggests the EPA is required to move forward with the rulemaking, even though neither current scientific evidence nor public health data indicates a clear justification for new action.
The facts on perchlorate and health are very well known—at levels found in the environment, perchlorate has no measurable effect on human health. Today’s notice is unfortunately yet another case study in regulation by litigation, one which will only come with increased costs for water suppliers and consumers, without any corresponding public health benefit.
In 2020, EPA determined for the second time that perchlorate did not merit additional nationwide regulation, due to the lack of adverse effects and the fact that perchlorate is not present at levels high enough to cause a public health concern. That determination was subsequently upheld by the Biden Administration in 2022 after thorough review.
Despite scientific support behind these decisions by EPA, in 2023 a federal court ruled that because EPA had indicated in 2011 that it would move forward with the development of a perchlorate regulation, it was thus still obligated to do so years later, even though the latest scientific research indicated otherwise.
Additional Background: Five Facts Every Journalist Covering Perchlorate Should Know
- EPA’s modeling demonstrates that environmental levels of perchlorate have essentially no adverse effects on either the typical U.S. consumer or the most sensitive subpopulations. EPA has conducted more extensive modeling on perchlorate than almost any other constituent. Claims that perchlorate causes thyroid problems, birth defects and other serious health problems are simply inaccurate—no published research exists to support them. More…
- EPA’s traditional method of evaluating Safe Drinking Water Act (SDWA) contaminants—calculation of a Health Reference Level (HRL)—demonstrates there is very little exposure to perchlorate above the HRL and thus negligible risk.
- The scientific database on perchlorate dates back to its use as a medicine over 60 years ago, involving doses thousands of times higher than amounts found in the environment today. After reviewing this extensive research, the findings of the National Research Council of the National Academy of Sciences (NAS) made clear that the levels of perchlorate that could pose a risk to public health are much higher than currently found in any known public drinking water system.
- In 2005, the National Academy of Sciences (NAS) determined that levels of perchlorate below 245 parts per billion (ppb) have no measurable effect on human health. In areas where perchlorate has been detected in the environment, recent data shows that essentially all concentrations are less than 10 ppb. It is unlikely anyone in the U.S. is being exposed to perchlorate levels above the NAS’ No Observed Effect Level, and current studies show that the amounts of perchlorate in the environment are declining. (One ppb is roughly equal to a half teaspoon of material diluted in an Olympic-sized pool)
- The Safe Drinking Water Act requires three key criteria be met before a compound can be regulated: (1) it may have an adverse effect on human health, (2) it occurs in public drinking water systems at a frequency and at levels of public health concern, and (3) federal regulation of the substance presents a meaningful opportunity for health risk reduction. Perchlorate meets none of these criteria.
Please visit www.perchlorateinfo.org for factual information on perchlorate or contact Bill Romanelli at 916-212-1446.
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The Perchlorate Information Bureau is supported by Aerojet Rocketdyne, American Pacific Corporation, and Lockheed Martin. These companies have worked cooperatively with the U.S. Environmental Protection Agency to increase scientific and medical understanding of perchlorate’s risk to human health.