EPA Misses Statutory Deadline For Proposing Perchlorate Water Rule

摘要

EPA has missed its Safe Drinking Water Act (SDWA) mandatory deadline of Feb. 11 for proposing a rule to limit perchlorate in drinking water, in part because the agency has yet to complete a peer review of science underpinning the rule and other steps necessary before its release, and Epa now says it might not issue the proposal until December. Although Epa is likely to miss the SDWA deadline by several months, sources indicate the agency faces minimal consequences for its delay. Advocates of the perchlorate drinking water rule could sue Epa claiming it is violating SDWA, but litigation would likely extend past the agency's revised December target for issuing a proposal. One utility industry source adds that since Epa is estimating that it will release the rule by the end of the year, the agency is unlikely to face a legal challenge trying to force release of the rule on a faster timeline.