The announcement Friday provoked outrage from Democratic lawmakers and a lawsuit threat from environmental groups. Particularly widespread in California and Texas, perchlorate has been found to interfere with thyroid function and pose developmental health risks, particularly for babies and fetuses.
"EPA's decision has industry's fingerprints all over it. Weapons makers will benefit at the expense of millions of Americans," said Earthjustice attorney George Torgun. He said Earthjustice would argue in court that perchlorate does qualify for regulation under the Safe Drinking Water Act.
The decision on perchlorate has been pending for years as the Pentagon tussled with EPA over the issue.
The Defense Department used perchlorate for decades in testing missiles and rockets, and most perchlorate contamination is the result of defense and aerospace activities, congressional investigators said last year.
The Pentagon could face liability if EPA set a national drinking water standard that forced water agencies around the country to undertake costly clean-up efforts. But Pentagon officials have insisted they did not seek to influence EPA's decision.
States have already moved ahead with their own drinking water standards, with California setting a limit of 6 parts per billion and Massachusetts setting it at 2 parts per billion.