LEGISLATIVE DEVELOPMENTS

July 2007

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Debate over the Effects of Perchlorate Jeopardizes the Future of Federal Legislation to Clean Up Drinking Water

A lack of conclusive research regarding the health risks of perchlorate, a chemical component of rocket fuel, could derail three federal bills aimed at protecting U.S. citizens from contaminated drinking water. Senator Barbara Boxer (D-CA) is sponsoring S 24, which would require the U.S. Environmental Protection Agency (EPA) to issue a health advisory for perchlorate, monitor perchlorate levels in public water supplies and inform the public if the chemical is found. S 24, 110th Cong. §3 (2007). S 150, also introduced by Senator Boxer, and HR 1747, introduced by Representative Hilda Solis (D-CA) would require the EPA to establish a national drinking water standard under the Safe Drinking Water Act. S 150, 110th Cong. §3 (2007); HR 1747, 110th Cong. §3 (2007). Proponents argue that perchlorate is harmful to pregnant women, fetuses and infants. However, new data from the U.S. Food and Drug Administration (FDA) indicates those health risks may be much lower than previously believed and bolsters a recent decision by the EPA not to regulate perchlorate until further research is conducted. (See F.D.A., Preliminary Estimation of Perchlorate Dietary Exposure Based on FDA 2004/2005 Exploratory Data (2007), [hereinafter FDA Study]; S 24, §2(a)(11).) Congress may find perchlorate monitoring and reporting requirements desirable at this time. However, more scientific evidence that perchlorate presents a public health concern might be necessary to establish a national drinking water standard and justify the high costs of groundwater cleanup.