October 31, 2018 (per consent decree)
December 19, 2019 (per consent decree)
An October 18, 2016 consent decree set deadlines for EPA to propose and finalize a perchlorate drinking water regulation. On September 15, 2017, two concurrent public notices were issued within the Federal Register by EPA related to EPA’s decision making for perchlorate. The first, Peer Review Materials to Inform the Safe Drinking Water Act Decision Making on Perchlorate, asked for comments on EPA’s draft report on the Maximum Contaminant Level Goal for Perchlorate in Drinking Water. The second request, Interim List of Perchlorate in Drinking Water Expert Peer Reviewers and Draft Peer Review Charge Questions, asked for comments related to the selection of an expert panel to review materials related to EPA’s perchlorate decision making. AMWA submitted comments regarding the peer review charge questions October 2017 and comments on the draft report in November 2017.
An External Peer Review Meeting was held January 29 and 30, 2018 for EPA’s Revised BBDR Model and Draft MCLG Approaches Report for Perchlorate in Drinking Water.
The consent decree required EPA to propose an MCL for perchlorate by October 31, 2018. EPA filed a motion August 30, 2018 requesting a 90-day extension. If granted, EPA would have until April 30, 2019 to propose a rule. As of November 6, the courts have yet to make a determination regarding this request. As written in the consent decree, EPA is automatically given an extension of up to 90 days, or until the courts make a ruling. This automatic extension can only be used once.