There are currently no Federal or State drinking water standards for perchlorate, a chemical compound detected in certain water supplies in New Jersey and other states. On March 16, 2010, the NJDEP opted to delay adoption of a proposed rule that would establish a maximum contaminant level (MCL) for perchlorate. The proposed rule would have amended the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10, creating a 5 parts per billion standard for this constituent. The proposal would have also amended the Private Well Testing Act (PWTA) rules to require testing of perchlorate in all wells subject to the PWTA. N.J.A.C. 7:9E. In delaying adoption of the drinking water standard, NJDEP reasoned that “scientific evidence and potential economic impacts” warranted deferral in this case. It is anticipated that the EPA will in the coming months make its own determination on regulation of perchlorate. NJDEP, therefore, has decided to wait for EPA’s production and analysis of additional data prior to moving on the issue. What played the largest role in NJDEP’s deferral stance? Economics? Science? Stay tuned.
