California Plan Could Booost CLeanup at Low-level Perchlorate Sites

Defense Environment Alert (IWP), Staff
Published September 18, 2006

California's recently proposed standard for cleaning up drinking water contaminated with perchlorate could bolster state efforts to force cleanups at sites with relatively low levels of the toxin, as well as encourage a slew of other states to move forward in setting enforceable cleanup levels, state and environmentalist sources say. State officials late last month proposed a long-expected enforceable drinking water standard, or maximum contaminant level (MCL), of 6 parts per billion (ppb) for perchlorate. Once final, the MCL will require public water systems to bring their supplies into compliance and can be used as a cleanup requirement at contaminated sites. The proposal is in line with a public health goal (PHG), or contamination screening level, of 6 ppb that California proposed in 2005. Relevant documents are available on InsideEPA.com. The proposed standard is more stringent than EPA and DOD's 24.5 ppb preliminary remediation goal, or cleanup target, set earlier this year for contaminated sites. Because the state is proposing an enforceable standard stricter than the federal 24.5-ppb level, it will bolster state leverage and allow them to set enforceable cleanup levels -- known as applicable relevant or appropriate requirements (ARARs) -- at contaminated sites stricter than the federal standard. "In the longer term, promulgation of a State of California perchlorate MCL should make it easier to establish a cleanup level at DOD sites," according to a spokeswoman for the California Department of Toxic Substances Control (DTSC). Setting an MCL "elevates it to an ARAR so there is less room for argument," the spokeswoman says. "It gives us more leverage," she adds. But the spokeswoman downplays the impact of the state's pending action, noting that regulators are already using the 6-ppb number in site-specific risk assessments to determine individual site cleanup levels. One environmentalist says the state's new leverage could be applied at lesser-contaminated sites, such as military test and training ranges because most major private sites are contaminated at levels well above the 24.5-ppb level and are already being addressed. "The question is how many sites are there between six and 25 ppb?" the source says. According to a DOD web site on perchlorate, DOD and California have finalized a list of priority military sites for perchlorate sampling, following monitoring for the substance under various laws. While the web site does not indicate what the expected levels of contamination are at these sites, it says the priority list includes 24 active military facilities and 14 formerly used defense sites, and notes that data gaps still exist regarding possible perchlorate releases at some military sites in the state. Environmentalists also say California's effort -- together with Massachusetts' standard of 2 ppb finalized earlier this year -- could encourage a slew of other states to adopt enforceable standards. According to DOD's web site, states that have set non-enforceable standards include New Jersey, New Mexico, Nevada, Arizona, Maryland, New York, and Texas. Environmentalists also note that Ohio and Florida also have sites with high levels of perchlorate contamination. A source with the Environmental Working Group (EWG) says the group hopes EPA will listen to the mounting voices indicating EPA's 24.5 ppb is "off-base," and that the agency will set an MCL in the low parts per billion. A final MCL may also give drinking water vendors ammunition in court to recover costs from parties responsible for releases, one environmentalist says. But the EWG source points out that drinking water suppliers will still be liable for some cleanup costs although it does relieve uncertainty for suppliers in terms of giving them a cleanup level to achieve. Some drinking water suppliers have already been seeking to recover costs from DOD and defense companies for alleged perchlorate contamination. A DOD spokeswoman did not respond to specific questions on what impact an MCL of 6 ppb would have on DOD sites, but said DOD planned to "cooperate fully with the appropriate State and local agencies in establishing an appropriate standard for perchlorate remediation in California and adhering to that standard once established." Two defense industry sources say cleanups their companies are currently undertaking in California already meet a cleanup level of 6 ppb.