E.P.A. Plans New Limits on Toxic Chemicals in Drinking Water

New York Times
4 February 2011
By John M. Broder

WASHINGTON -- The Obama administration said Wednesday that it would impose limits on permissible levels of a new set of toxic chemicals in drinking water, including the first standards for perchlorate, a dangerous compound found in rocket fuel and fireworks that has contaminated water supplies in 26 states.

The move, announced by the Environmental Protection Agency administrator, Lisa P. Jackson, is a major step toward updating the nation's clean water laws, which have lagged far behind environmental and health science.

Studies have found that hundreds of industrial and agricultural chemicals, including several known carcinogens, are present in municipal water systems around the country. The nation's laws and enforcement programs have not kept pace with spreading contamination, posing significant health risks to millions.

Wednesday's decision to regulate perchlorate reversed a 2008 finding by the Bush administration that a nationwide standard for the chemical was unnecessary and would do little to reduce risks to human health.

Ms. Jackson announced her intent to review the nation's drinking water standards a year ago, ordering an extensive review of the health effects of perchlorate and other toxic substances found in city water supplies. She announced on Wednesday that her agency would set standards for as many as 16 other toxic and carcinogenic chemicals.

The agency said it would take three or four years to complete the regulations.

"While we've put in place standards to address more than 90 drinking water contaminants," Ms. Jackson said Wednesday in testimony before the Senate Environment and Public Works Committee, "there are many more contaminants of emerging concern, which science has only recently allowed us to detect at very low levels."

Perchlorate can occur naturally, but high concentrations have been found near military installations where it was used in rocket testing and around places where fireworks, flares and solid propellants are made. Researchers have found that it may impair the functioning of the thyroid, potentially stunting the growth of fetuses, infants and children.

The military contractors who use the chemical have balked at tighter regulation, saying that substitutes are more expensive. But environmentalists and officials of some municipal water services have been calling for years for tighter rules on perchlorate and a number of carcinogenic chemicals, including industrial and dry cleaning solvents.

The environmental agency has found measurable amounts of perchlorate in 26 states and two United States territories that it says could contaminate the drinking water of anywhere from 5 million to 17 million Americans. The Food and Drug Administration found the substance in more than half the foods it tested, and health researchers have found traces of it in samples of breast milk.

The agency did not establish an actual limit on the amount of perchlorate allowable in drinking water, but set in motion a rulemaking process to set a standard. Senator Barbara Boxer, Democrat of California, chairwoman of the environment committee, and some environmental advocates welcomed the announcement as a strong step for public health and welfare.

But Rena Steinzor, a law professor at the University of Maryland and president of the Center for Progressive Reform, was critical of the E.P.A. for taking so long to decide to regulate perchlorate and for what she called a "leisurely" timetable for issuing a final rule. The agency said it would publish a proposed regulation within two years and issue a final rule 18 months after that.

"Regulating perchlorate should not be seen as a long-term, we'll-get-around-to-it goal, but an urgent public health priority," she wrote in a blog post on Wednesday. Industries that use perchlorate said the E.P.A.'s decision was not warranted because potential exposures to the chemical were too low to threaten human health. The Perchlorate Information Bureau, representing Lockheed Martin, Aerojet and other industrial users, said that 13 states, spanning most of the sites of perchlorate contamination, had already enacted some control policy, making a national standard superfluous. The group said that a regulatory rule-making process would be expensive and time-consuming, with little or no public health benefit.

The E.P.A. also said on Wednesday that it would develop a single rule governing a group of volatile organic compounds used as solvents, including trichloroethylene and tetrachloroethylene, and a number of other unregulated contaminants. By grouping them together, the environmental agency can move more quickly and provide simpler guidance to officials responsible for overseeing water supplies, agency officials said.

This article originally appeared in The New York Times.

First published on February 4, 2011 at 12:01 am