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Regulatory Determinations for Priority Contaminants on the Second Drinking Water Contaminant Candidate List

The Safe Drinking Water Act (SDWA), as amended in 1996, directs the Environmental Protection Agency (EPA) to publish a list of contaminants (referred to as the Contaminant Candidate List, or CCL) to assist in priority-setting efforts. SDWA also directs the Agency to select five or more contaminants from the current CCL and determine whether to regulate these contaminants with a National Primary Drinking Water Regulation (NPDWR).

To regulate a contaminant SDWA requires that EPA determine whether:

  1. The contaminant may have an adverse effect on the health of persons;
  2. The contaminant is known to occur or there is a substantial likelihood the contaminant will occur in public water systems with a frequency and at levels of public health concern; and
  3. In the sole judgment of the Administrator, regulation of the contaminant presents a meaningful opportunity for health risk reductions for persons served by public water systems.

EPA published the second CCL (CCL 2) in 2005. In May 2007, the Agency published a Federal Register (FR) notice announcing and requesting comment on its preliminary determinations for 11 of the 51 CCL 2 contaminants. As part of this May 2007 FR notice, EPA also described the available health effects and occurrence information for perchlorate and stated that additional information was needed to more fully characterize perchlorate exposure and determine whether there was a meaningful opportunity for health risk reduction from a perchlorate regulation. In July 2008, and after careful consideration of public comments, EPA published its final determination that no regulatory action is appropriate or necessary for the following eleven contaminants: boron: the dacthal mono- and di-acid degradates: 1,1-dichloro-2,2-bis(p-chlorophenyl)ethylene (DDE): 1,3-dichloropropene (Telone): 2,4-dinitrotoluene: 2,6-dinitrotoluene: s-ethyl propylthiocarbamate (EPTC): fonofos: terbacil: or 1,1,2,2-tetrachloroethane.


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Perchlorate Regulatory Determination

On August 19, 2009, EPA sought comment on additional approaches to analyzing data beyond those discussed in the preliminary regulatory determination for perchlorate  (published the October 10, 2008).  EPA announced that it is considering a broad range of alternatives for interpreting the available data on: the level of health concern, the frequency of occurrence of perchlorate in drinking water, and the opportunity for health risk reduction through a national primary drinking water standard. The Agency specifically requested comment upon alternative approaches for considering perchlorate exposure to different life stages and sensitive populations  including  pregnant women and children. EPA will consider the comments before making a final regulatory determination for perchlorate.

On October 10, 2008, EPA published a FR Notice, requesting public comment on its preliminary determination not to regulate perchlorate under the Safe Drinking Water Act. The notice also described the bases for EPA’s preliminary determination. EPA received comments from over 32,000 individuals and organizations the October 10, 2008 FR Notice.


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The Second CCL Regulatory Determinations Schedule
Date Regulatory Determination
September 2004 Stakeholder meeting to provide a program update and to seek input from stakeholders on contaminants being considered for regulatory determinations.
May 2007 Announcement of Preliminary Regulatory Determinations for Priority Contaminants on the Second Drinking Water Contaminant Candidate List
May - June 2007

60 day public comment period

July 2008 Announcement of Final Regulatory Determinations for Priority Contaminants on the Second Drinking Water Contaminant Candidate List

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July 2008 Final Regulatory Determinations for Priority Contaminants on the second Contaminant Candidate List

Federal Register Notices

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Support Documents for Regulatory Determinations Notice

Boron

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Dacthal mono- and di-acid degradates

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DDE (1,1-dichloro-2,2-bis(p-chlorophenyl)ethylene)

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Telone (1,3-dichloropropene)

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2,4-dinitrotoluene, 2,6-dinitrotoluene

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EPTC (s-ethyl propylthiocarbamate)

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Fonofos
Terbacil

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1,1,2,2-tetrachloroethane

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