ELR Citation: ELR 21385
No(s). 91-1148 (D.C. Cir. Aug 21, 1992)

The court upholds the U.S. Environmental Protection Agency (EPA or Agency) Safe Drinking Water Act (SDWA) regulations, which establish permissible concentration levels for carcinogenic drinking water contaminants, including dibromochloropropane (DBCP), ethylene dibromide (EDB), perchloroethylene (perc), and polychlorinated biphenyls (PCBs). The court first holds that an association of dry cleaning businesses has standing to challenge the regulations for perc, because its members face a genuine threat of liability under the Comprehensive Environmental Response, Compensation, and Liability Act for cleanup of perc, and a higher maximum contaminant level goal (MCLG) could reduce potential cleanup costs. The court next holds that EPA complied with notice-and-comment rulemaking requirements. In setting an MCLG of zero for each chemical that is a known or probable human carcinogen, the Agency did not fail to consider scientific evidence stating that low doses of carcinogens appear to be less hazardous than generally believed. The court further holds that EPA properly relied on animal studies and adequately addressed the human epidemiological data in setting MCLGs and maximum contaminant limits (MCLs) for DBCP. The court observes that even though DBCP naturally degrades over time and the Agency's rule may require construction of costly treatment facilities to handle a hazard that could cease to exist, the SDWA requires EPA to set a MCL for DBCP. The court also holds that EPA adequately considered the available human epidemiological data and alternative risk assessments for EDB, and the Agency's carcinogenic classification and MCLG of zero for perc is appropriate. Finally, the court upholds EPA's adoption of Method 508A for screening water samples for PCBs.

Counsel for Petitioner
Peter D. Robertson
Patton, Boggs & Blow
2550 M St. NW, Washington DC 20037
(202) 457-6000

Counsel for Respondent
Ronald M. Spritzer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Karen Clark
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 260-2090

Before BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.