EPA on Notice for Not Regulating Some Tap Water Contaminants

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By Amena H. Saiyid

Nov. 3 — Failure to regulate several drinking water contaminants could land the Environmental Protection Agency in court again. This would follow resolution of a lawsuit over its failure to regulate perchlorate, an ingredient used in rocket fuel and fireworks.

The Waterkeeper Alliance Inc. notified the EPA on Nov. 3 that it will sue the federal agency within 60 days for missing 10 mandatory deadlines for regulating and monitoring contaminants under the Safe Drinking Water Act.

If the EPA fails to act, the agency will be sued in the U.S. District Court for the Southern District of New York, said Reed Super, principal and founder of New York City-based Super Law Group, who is representing the alliance.

Specifically, the Waterkeeper Alliance wants the EPA to revise national primary drinking water regulations for acrylamide, epichlorohydrin, tetrachloroethylene (PERC), trichloroethylene (TCE), and chromium that are long overdue. The nonprofit also wants the EPA to issue a regulatory determination to move forward with developing rules for strontium.

Missed Deadlines Alleged

The alliance said the EPA has missed deadlines to publish the latest iterations of the Contaminant Candidate List (CCL), Unregulated Contaminant Monitoring Rule (UCMRs), regulatory determinations and reviews of all existing drinking water regulations.

The EPA has been “perpetually behind schedule” in implementing the Safe Drinking Water Act amendments of 1996, the group said.

“With health crises caused by dangerous contaminants in tap water in numerous communities on the minds of many Americans—for example, lead in Flint, Mich., microcystin in Toledo, Ohio, and perfluorooctanoic acid (PFOA) in Hoosick Falls, N.Y.—EPA’s extensive delays put the public at unnecessary risk,” the group said in a Nov. 3 statement accompanying its notice to the EPA.

To contact the reporter on this story: Amena H. Saiyid in Washington at asaiyid@bna.com

To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

For More Information

The Waterkeeper Alliance notice of intent to sue the EPA is available at http://src.bna.com/jRy.

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