The EPA’s Proposed Tap Water Standard for Rocket Fuel Perchlorate Threatens Millions

The agency's proposal to set the health goal and standard for perchlorate at 20 ppb will not adequately protect public health.

On January 6, 2026, the U.S. Environmental Protection Agency (EPA) quietly proposed a national drinking water standard for the rocket fuel perchlorate after a court struck down the agency’s earlier effort to avoid issuing these protections. In issuing the standard, the agency griped that it didn’t think this was necessary, but that the U.S. Court of Appeals for the District of Columbia Circuit had ordered it to do so in a case brought by NRDC. On March 9, 2026, NRDC submitted detailed scientific and legal comments on the EPA’s unlawfully weak proposal, which are summarized below.

What is perchlorate and where does it come from?

Perchlorate is a highly toxic component of rocket fuel, munitions, and fireworks that threatens the drinking water of millions of people across the United States. Perchlorate contamination has already been found in drinking water and the environment in at least 45 states. It has been detected in hundreds of U.S. Department of Defense (DOD) and its contractors’ facilities. No nationwide monitoring has been required over the past 15 years, so few of us know if it’s in our tap water. 

What are the health effects of perchlorate?

Perchlorate especially threatens the health of fetuses, infants, and young children. It interferes with the thyroid gland, which is crucial to brain development. Because of its serious health effects, the American Academy of Pediatrics, multiple independent scientists, and many states have weighed in, urging the EPA to set a strict standard for perchlorate in drinking water. 

What did the EPA propose? 

Unfortunately, the EPA’s proposal will threaten the health of millions of Americans. The agency proposed an extremely unprotective maximum contaminant level goal (MCLG or “health goal”) for perchlorate of 20 parts per billion (ppb), which falls far short of the EPA’s legal obligation under the Safe Drinking Water Act (SDWA) to set the target at “the level at which no known or anticipated adverse effects on the health of persons occurs and which allows an adequate margin of safety.” The EPA’s own documents and numerous published studies and state analyses show that perchlorate harms developing fetuses and children at levels well below this level. The agency’s proposal would also set an extraordinarily weak maximum contaminant level (MCL) at 20 ppb, or in the alternative, at shocking levels of 40 or 80 ppb. This violates the SDWA’s mandate for the EPA to set the MCL as close to a scientifically sound and protective health goal as feasible. 

The maximum level under the proposed rule is less protective than standards set by many states; the proposed federal standard is 10 times higher than the standard set by the state of Massachusetts and more than three times higher than the standard set by California. It’s also 20 times higher than the 1 ppb level of concern that the EPA initially identified years ago and that California state scientists have more recently proposed as needed to protect health. There are four major issues with the EPA’s analysis. 

According to the agency’s technical support document, children drinking water at the EPA’s proposed standard are at risk of suffering harm to their brains and decreased IQs. Many children would be harmed; some, the EPA admits, will be at risk of suffering a “mild intellectual disability” and others could be “shifting from a gifted IQ level [of over 135] into a lower IQ category.” Yet the EPA says this would not be an “adverse effect” on health under the law, even though, indisputably, this is an adverse health effect.  

The EPA also chose its MCLG based on IQ loss alone, neglecting the other health harms and adverse neurodevelopmental outcomes that are likely to flow from low levels of perchlorate exposure interfering with the thyroid and brain development, including ADHD, expressive language delay, reduced school performance, and delayed cognitive development.  

The EPA relies on the quarter-century-old Unregulated Contaminant Monitoring Rule 1 (UCMR1, which was collected in 2000–2005) and on highly limited data. The agency also heavily biases its “updated” dataset toward water systems with low perchlorate levels by adding data only from the two states that already regulate perchlorate in drinking water. In fact, 82.5 percent of the data that the EPA relies upon to evaluate perchlorate occurrence is from the only two states (California and Massachusetts) that have regulated perchlorate, and most of that data was collected after those states adopted strict perchlorate standards. Yet even the EPA’s deeply flawed occurrence dataset shows that perchlorate was present in 40,656—or 20.7 percent—of the samples taken by water systems.

Buried in the appendices to the EPA’s technical documents is data that the agency strangely ignored in its analysis. For example, the U.S. Geological Survey (USGS) found perchlorate in more than 72 percent of drinking water samples, with a median detection level of 16 ppb. Nearly 55 percent of USGS groundwater samples and more than 93 percent of surface water samples found perchlorate. 

The EPA appendices also show that perchlorate was detected in 508 public water systems serving more than 17 million people, and a U.S. Centers for Disease Control and Prevention survey found perchlorate in 83 percent of tap water samples. Many of these detections were below the EPA’s extraordinarily unprotective proposed standard, but if the agency were to establish a perchlorate standard that protected the public, comprehensive and updated monitoring would clearly show widespread and problematic tap water contamination.

The EPA has been under sustained pressure from the DOD and its allies not to strictly regulate perchlorate. Perhaps not surprisingly, the EPA has chosen to be willfully blind to the likelihood of spreading perchlorate contamination from hundreds of DOD and other federal facilities, as well as industrial and Superfund sites. The EPA collected data in 2005 showing more than 100 such sites spread across the country, and the Government Accountability Office flagged hundreds of these perchlorate-contaminated sites in a 2010 report. But since then, the EPA has shown no discernable interest in collecting updated information on whether perchlorate contamination has spread from these and other sites.  

Moreover, even though it has been documented that the use of fireworks can cause perchlorate water contamination, the EPA ignored the more than doubling of fireworks use in the country since its national monitoring effort decades ago. The agency abruptly canceled a study in 2025 of the impacts of expanding fireworks use on perchlorate contamination. But the preliminary study’s data “strongly suggested that fireworks do impact drinking water sources across the U.S. and that their use leads to elevated surface and groundwater concentrations as well as increased deposition.” The EPA has also not sought updated data on whether the inappropriate storage and use of the water disinfectant hypochlorite (basically, bleach) is causing widespread tap water contamination. The EPA admits improper storage or use of this disinfectant can cause perchlorate contamination, but it has failed to require any national monitoring to determine its impact. Hypochlorite is now much more widely used than it was when the EPA last did national testing—in fact, it is now used by the majority of water systems that disinfect their water.  

Conclusion

Because there is no threshold for safe exposure to perchlorate, the EPA should set a health goal or MCLG at zero, as the agency has done for lead and  many other contaminants where there is no clear safe level of exposure. The EPA also should set an MCL of 2 ppb, which the EPA’s own analysis of treatment technologies demonstrates is feasible. The EPA’s proposal to set the health goal and standard for perchlorate at 20 ppb is out of step with mainstream science and fails to consider the best available science. It will not adequately protect public health. 

Related Content