By Michael S. Feeley, John C. Heintz, Bobbi-Jo Dobush and James J. Chang
On October 31, 2013, Judge Evelio Grillo of the Alameda County Superior Court held a hearing in the ongoing case of NRDC v. California Department of Public Health, Cal. Super. Ct. No. RG12643520 to take evidence regarding the quantity and nature of public comments on the draft Maximum Contaminant Level (MCL) for Chromium-6 (Cr-6) and the expected timing for California Department of Public Health (CDPH) to finalize the regulation. Judge Grillo had previously directed the CDPH to issue a draft MCL for Cr-6 before September 1, 2013. In advance of that deadline (August 23, 2013), CDPH published a draft regulation that would establish an MCL in drinking water of 10 parts per billion.[1] The 45-day public comment period on the draft MCL closed on October 11, 2013.[2]