ENVIRONMENTAL LEGAL BLOGS

SCIENCE AS POLITICS (OR VICE VERSA)-NATIONAL ACADEMIES REPORT SETTLES NOTHING

The National Academies has issued (January 10, 2005) its eagerly-awaited report, Health Implications of Perchlorate Ingestion. See online text of report The report, which supposedly would be viewed as authoritative (see Post above), seems to have settled nothing.

Distasteful to the environmental activist community, the report concludes that the public could safely ingest levels of perchlorate some 20 times higher than the level set forth by federal EPA in 2002 (see January 8, 2005 Post).  Whereas EPA's 2002 proposed safe ingestion standard would have been 1 ppb, the National Academies study suggests that ingestion is safe at up to 20 ppb (however, the National Academies' report does not specifically recommend the setting of any particular level as safe, leaving that decision to the politicians).

Nonetheless, the National Resources Defense Council ("NRDC") has promptly issued a denunciation of the report, claiming that the National Academies "recommendation was likely shaped by a covert campaign by the White House, Pentagon and defense contractors to twist the science and strong-arm the academy."   The NRDC's press release appears to indicate that the NRDC would be satisfied with a safe drinking-water level of perchlorate contamination established at 1-4 ppb-- orders of magnitude lower than the safe level mentioned in the January 10 National Academies' report. See NRDC press release

The National Academies has rejected NRDC's charge of undue influence.  This rejection hasn't stopped Sen. Barbara Boxer (D.-Calif.) from taking up the NRDC's cause, however.  Sen. Boxer released a statement saying that "according to documents released by the Natural Resources Defense Council, serious questions have been raised about the undue influence of the White House and the Defense Department on the NASA's
perchlorate recommendations."  Sen. Boxer's statement

Sen Boxer's colleague, Sen. Diane Feinstein (D.-Calif.), has reacted somewhat more cautiously to the National Academies' report, stating merely that, with the issuance of the report, it is now time for federal EPA to set a definitive safe drinking-water level for perchlorate:

“The EPA has said that it could not set a drinking water standard for perchlorate until it had the results of this new study. It now has the results. We know that perchlorate contamination is widespread, it is now in 35 states, and has entered the food chain. I urge the EPA to take action as soon as possible.”  Sen. Feinstein's statement

Sen. Feinstein will shortly be introducing legislation to study and eventually set safe drinking-water standards for perchlorate (see January 8, 2005 Post); and Rep. Hilda Solis (D.-Calif.) has already introduced a bill that would require EPA to set a safe standard no later than July 31, 2007 See H.R.213 (Solis, D-CA) – 1/4/05. "To amend the Safe Drinking Water Act to require a national primary drinking water regulation for perchlorate. Referred to the House Committee on Energy and Commerce." http://www.orbcinterstate.org/legislative_update1.htm (for a full copy of this bill, contact [email protected] )

Thus, the "scientific" debate over perchlorate contamination has become a political debate, with the National Academies and the environmental activists each claiming that "good' science supports their respective positions. At stake are millions and millions of dollars and how they are spent-- either spent "no holds barred" to reduce perchlorate levels to no more than 1-4 ppb in drinking water or spent more cautiously to reduce those levels to the more modest 20 ppb standard.  Since the millions spent on perchlorate clean-up will end up diverting resources from other government and industry priorities, let's hope the politicians get it right.

PERCHLORATE- THE NEXT BIG REGULATORY ISSUE

PERCHLORATE- THE NEXT BIG REGULATORY ISSUE

Whether the threat is real or imagined, it is now apparent that the chemical perchlorate has become the environmental alarm du jour for the regulatory community.  Perchlorate has been used by the US Department of Defense in, among other things, munitions and by industry in, among other things, the manufacture of air bags and fireworks.

The chemical can migrate in water so that the chemical gets into sources of drinking water.  According to a recent (November 2004) federal Food and Drug Administration study, the chemical also has ended up contaminating food supplies, such as lettuce.  See Exploratory Data on Perchlorate in Food

Perchlorate is, at least at the federal level, presently not regulated as a drinking water or food contaminant.  Some scientists, however, fear that, at least at certain doses, ingesting the chemical can cause learning disabilities, thyroid disease and can act as a carcinogen.  The National Academies. The National Academies is completing a health risk assessment on perchlorate, which study may be published as early as this month (January ’05); that assessment will likely have a dramatic impact on proposed regulation re perchlorate in drinking water and food.

THINGS TO WATCH:

At least the following government entities have expressed interest in propounding new perchlorate studies/regulations:

Federal EPA.

In 2002, EPA set a reference dose of 1 ppb of perchlorate in drinking water.  EPA will likely take a second look at this standard one the National Academies study is published.

Congress.

Sen. Diane Feinstein (D.-Calif) has announced an intention to introduce legislation in this Congressional session requiring, among other things, EPA to set a national drinking water standard for perchlorate no later than 2007.  Sen. Feinstein's legislation would also award $200 million for the study of perchlorate clean-up technologies.

States.

A few states (e.g., California) have, on their own, begun action to regulate perchlorate exposure. See  California State Senate (go to "Legislation", then choose 2003-04 Legislative Session and enter "perchlorate" under keywords).

ADDITIONAL INFORMATION

See BNA, Inc. Environmental Reporter (subscription only);  for info visit the BNA Website .

FEEDBACK

If you have additional information on developments in perchlroate regulation, or if you have a question, please post a Comment or contact me via e-mail at  [email protected]