On January 6, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed national primary drinking water regulation (NPDWR) for perchlorate.
Perchlorate is an inorganic chemical compound that occurs naturally and can also be manufactured. It is commonly used in rocket propellants, munitions, fireworks, airbag initiators for vehicles, matches, signal flares, and may also be found in fertilizers and as a byproduct of improper handling of hypochlorite solutions used for drinking water treatment.
The EPA’s regulation will impact small water systems nationwide. Specifically, the agency is proposing a NPDWR and a health-based Maximum Contaminant Level Goal for perchlorate under the Safe Drinking Water Act (SDWA). The proposed rule would also require water systems to conduct monitoring for perchlorate in drinking water, take mitigation actions if the level exceeds the Maximum Containment Level, provide information about perchlorate to their consumers through public notification and consumer confidence reports, and report to their respective primacy agency.
Advocacy recommends the EPA withdraw the proposed perchlorate NPDWR and seek review of the NRDC v. Regan decision which directed its proposal. Advocacy also maintains that the proposed rule was improperly certified under the Regulatory Flexibility Act (RFA) and violates multiple Executive Orders (EO) issued by President Trump. Additionally, the proposed rule imposes unnecessary regulatory burdens on small water systems while offering little to no health benefits in return.
COMMENT LETTER
National Primary Drinking Water Regulation for Perchlorate, Docket No. EPA-HQ-OW-2024-0592
(PDF, 251 KB)
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Nick Goldstein
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