[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5527 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5527

     To amend the Safe Drinking Water Act to protect the health of 
    susceptible populations, including pregnant women, infants, and 
children, by requiring a health advisory, drinking water standard, and 
reference concentration for trichloroethylene vapor intrusion, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2008

 Mr. Hinchey (for himself, Mr. Hall of New York, Mr. Sestak, and Mrs. 
 Gillibrand) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To amend the Safe Drinking Water Act to protect the health of 
    susceptible populations, including pregnant women, infants, and 
children, by requiring a health advisory, drinking water standard, and 
reference concentration for trichloroethylene vapor intrusion, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Toxic Chemical 
Exposure Reduction Act of 2008'' or the ``TCE Reduction Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
TITLE I--HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION 
                         FOR TRICHLOROETHYLENE

Sec. 101. Health advisory and national primary drinking water 
                            regulation for trichloroethylene.
    TITLE II--REDUCING DANGEROUS VAPOR INTRUSION FROM CONTAMINATED 
                         GROUNDWATER AND SOILS

Sec. 201. Health advisory and reference concentration for 
                            trichloroethylene.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) trichloroethylene is a metal degreaser and an 
        ingredient in adhesives and paint removers;
            (2)(A) waste from the use and improper disposal of 
        chemicals containing trichloroethylene is widespread in soil 
        and water;
            (B) more than 1,000 waste sites in the United States are 
        contaminated with trichloroethylene;
            (C) it is well documented that individuals in many 
        communities are exposed to trichloroethylene and experience 
        associated health risks;
            (D) certain human subpopulations might be at increased risk 
        to trichloroethylene exposure because of age, genetic 
        polymorphisms, or preexisting diseases; and
            (E) in utero exposure to trichloroethylene has been 
        associated with birth defects and childhood diseases, including 
        cancer;
            (3) according to the report of the National Academy of 
        Sciences entitled ``Assessing the Human Health Risks of 
        Trichloroethylene: Key Scientific Issues''--
                    (A) acute exposures to trichloroethylene occurring 
                as a result of occupational industrial accidents are 
                associated with nerve damage and residual neurological 
                deficits, including memory loss;
                    (B) high-concentration exposure to air contaminated 
                with trichloroethylene--
                            (i) causes nervous system damage;
                            (ii) has been associated with generalized 
                        skin eruptions and other more severe skin and 
                        mucus membrane conditions, such as Stevens-
                        Johnson syndrome; and
                            (iii) can cause liver dysfunction, leading 
                        to jaundice, hepatomegaly, and hepatic 
                        encephalopathy;
                    (C) trichloroethylene in drinking water can alter 
                the therapeutic action of medications, including 
                anticoagulants and barbiturates;
                    (D) evidence regarding carcinogenic risk and other 
                health hazards from exposure to trichloroethylene has 
                strengthened since 2001, and there is strong evidence 
                that exposure to trichloroethylene in a dose-dependent 
                manner is associated in humans with increased rates 
                of--
                            (i) kidney cancer; and
                            (ii) leukemia;
                    (E) exposure to mixtures of volatile organic 
                compound contaminants in groundwater, in combination 
                with trichloroethylene, can accelerate tumor growth in 
                humans; and
                    (F) evidence from animal-related and 
                epidemiological studies suggests that several 
                reproductive and developmental toxicity end-points may 
                be associated with trichloroethylene exposure, 
                including--
                            (i) infertility in males and females;
                            (ii) impaired intrauterine growth and 
                        development; and
                            (iii) cardiac teratogenesis;
            (4) the report referred to in paragraph (3) recommended the 
        use of currently available data to finalize a risk assessment 
        to ensure that risk management decisions can be made 
        expeditiously;
            (5)(A) exposures to volatile organic compound vapors from 
        migration to indoor air have become a concern at sites 
        throughout the United States, including many Superfund sites 
        under the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
            (B) potential routes of exposure to trichloroethylene exist 
        with respect to susceptible populations, even at sites at which 
        no current drinking water pathways of exposure are known to 
        exist; and
            (C) in September 2002, the Office of Solid Waste and 
        Emergency Response of the Environmental Protection Agency 
        released an external review draft entitled ``Evaluating the 
        Vapor Intrusion to Indoor Air Pathway from Groundwater and 
        Soils'' that focuses specifically on those exposures;
            (6)(A) in 2006, the United States Geological Survey 
        published a report entitled ``Volatile Organic Compounds in the 
        Nation's Ground Water and Drinking-Water Supply Wells'';
            (B) as of the date of enactment of this Act, the long-term 
        investigation by the national water-quality assessment program 
        of the United States Geological Survey provides the most 
        comprehensive national analysis of the occurrence of volatile 
        organic compounds in ground water, based on results of sampling 
        between 1985 and 2002; and
            (C) among the major findings developed under the program 
        described in subparagraph (B) are--
                    (i) that volatile organic compounds were detected 
                in most aquifers throughout the United States and were 
                not limited to few specific aquifers or regions;
                    (ii) the most frequently detected volatile organic 
                compounds are chloroform, the solvents 
                perchloroethylene and trichloroethylene, and the 
                gasoline oxygenate methyl tertiary butyl ether;
                    (iii) 5 of the 29 regulated volatile organic 
                compounds had 1 or more concentrations greater than 
                applicable maximum contaminant levels that generally 
                occurred in highly populated areas of the United 
                States, including 1,1-DCE, methylene chloride, 
                perchloroethylene, trichloroethylene, and vinyl 
                chloride;
                    (iv) the solvents perchloroethylene and 
                trichloroethylene comprised approximately \3/4\ of the 
                concentrations of potential concern;
                    (v) trichloroethylene was detected at levels 
                ranging from 0.002 to over 110 micrograms per liter; 
                and
                    (vi) as of the date of enactment of this Act, the 
                maximum contaminant level for trichloroethylene is 5 
                micrograms per liter; and
            (7) the document of the Environmental Protection Agency 
        entitled ``Draft Trichloroethylene Health Risk Assessment: 
        Synthesis and Characterization'' and dated 2001--
                    (A) stated that the Agency for Toxic Substances and 
                Disease Registry--
                            (i) reports that trichloroethylene is the 
                        most frequently reported organic contaminant in 
                        groundwater; and
                            (ii) has estimated that between 9 and 34 
                        percent of drinking water supply sources have 
                        some trichloroethylene contamination; and
                    (B) recommended extrapolation to lower doses for 
                oral exposure of trichloroethylene in drinking water, 
                resulting in a maximum contaminant level of 1 microgram 
                per liter.
    (b) Purpose.--The purpose of this Act is to require the 
Administrator of the Environmental Protection Agency--
            (1) to establish, by not later than 180 days after the date 
        of enactment of this Act--
                    (A) a health advisory, including cancer risks, for 
                trichloroethylene in drinking water that fully protects 
                susceptible populations (including pregnant women, 
                infants, and children), taking into consideration body 
                weight, exposure patterns, and all routes of exposure 
                to trichloroethylene; and
                    (B) an integrated risk information system reference 
                concentration of trichloroethylene that is protective 
                of the susceptible populations identified in 
                subparagraph (A) from vapor intrusion, taking into 
                consideration the factors described in that 
                subparagraph; and
            (2) to promptly establish a national primary drinking water 
        regulation for trichloroethylene that fully protects 
        susceptible populations (including pregnant women, infants, and 
        children), taking into consideration body weight, exposure 
        patterns, and all routes of exposure to trichloroethylene.

TITLE I--HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION 
                         FOR TRICHLOROETHYLENE

SEC. 101. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER 
              REGULATION FOR TRICHLOROETHYLENE.

    Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(12)) is amended by adding at the end the following:
                    ``(C) Trichloroethylene.--
                            ``(i) Health advisory.--Notwithstanding any 
                        other provision of this section, not later than 
                        180 days after the date of enactment of this 
                        subparagraph, the Administrator shall publish a 
                        health advisory, including cancer risks, for 
                        trichloroethylene that fully protects, with an 
                        adequate margin of safety, the health of 
                        susceptible populations (including pregnant 
                        women, infants, and children), taking into 
                        consideration body weight, exposure patterns, 
                        and all routes of exposure.
                            ``(ii) National primary drinking water 
                        regulation.--
                                    ``(I) Proposed regulation.--
                                Notwithstanding any other provision of 
                                this section, not later than 1 year 
                                after the date of enactment of this 
                                subparagraph, the Administrator shall 
                                propose a national primary drinking 
                                water regulation for 
                                trichloroethylene--
                                            ``(aa) that is protective 
                                        of susceptible populations 
                                        (including pregnant women, 
                                        infants, and children); and
                                            ``(bb) the maximum 
                                        contaminant level of which is 
                                        as close to the maximum 
                                        contaminant level goal for 
                                        trichloroethylene, and as 
                                        protective of those susceptible 
                                        populations, as is feasible.
                                    ``(II) Final regulation.--
                                Notwithstanding any other provision of 
                                this section, not later than 18 months 
                                after the date of enactment of this 
                                subparagraph, after providing notice 
                                and an opportunity for public comment, 
                                the Administrator shall promulgate a 
                                final national primary drinking water 
                                regulation (including a provision for 
                                monitoring under subclause (III)) for 
                                trichloroethylene that is consistent 
                                with subclause (I).
                                    ``(III) Monitoring requirements.--
                                            ``(aa) Definition of 
                                        qualifying system.--In this 
                                        subclause, the term `qualifying 
                                        system' means a public water 
                                        system that has been granted a 
                                        monitoring waiver under section 
                                        141.24 of volume 40, Code of 
                                        Federal Regulations (or 
                                        successor regulations).
                                            ``(bb) Requirements.--The 
                                        regulation under subclause (II) 
                                        shall include a provision 
                                        relating to monitoring that 
                                        requires--

                                                    ``(AA) that the 
                                                Administrator shall 
                                                revise monitoring 
                                                requirements for all 
                                                systems to ensure 
                                                detection of potential 
                                                trichloroethylene 
                                                contamination and full 
                                                compliance with the 
                                                revised national 
                                                primary drinking water 
                                                regulation;

                                                    ``(BB) for each 
                                                qualifying system 
                                                located in the vicinity 
                                                of a subsurface 
                                                migration of a known 
                                                volatile organic 
                                                compound contamination 
                                                site, that the State 
                                                with primary 
                                                enforcement 
                                                responsibility shall 
                                                review and submit the 
                                                waiver of the 
                                                qualifying system for 
                                                review by the 
                                                Administrator; and

                                                    ``(CC) each 
                                                qualifying system 
                                                potentially located in 
                                                the path of subsurface 
                                                migration of a known 
                                                volatile organic 
                                                compound be subject to 
                                                minimum regular 
                                                monitoring for 
                                                trichloroethylene, as 
                                                the Administrator and 
                                                primary State officials 
                                                determine to be 
                                                appropriate.

                            ``(iii) Consumer confidence reports.--
                                    ``(I) In general.--Subject to 
                                subclause (II), simultaneously with the 
                                promulgation of the final regulation 
                                under clause (ii)(II), each consumer 
                                confidence report issued under section 
                                1414(c)(4) shall disclose the presence 
                                of any trichloroethylene in drinking 
                                water, and the potential health and 
                                cancer risks to susceptible populations 
                                (including pregnant women, infants, and 
                                children) from exposure to 
                                trichloroethylene in drinking water, 
                                consistent with regulations promulgated 
                                by the Administrator.
                                    ``(II) Exception.--Notwithstanding 
                                subclause (I), trichloroethylene shall 
                                not be considered to be 1 of the 3 
                                regulated contaminants described in the 
                                matter following clause (vi) of section 
                                1414(c)(4)(B).''.

    TITLE II--REDUCING DANGEROUS VAPOR INTRUSION FROM CONTAMINATED 
                         GROUNDWATER AND SOILS

SEC. 201. HEALTH ADVISORY AND REFERENCE CONCENTRATION FOR 
              TRICHLOROETHYLENE.

    (a) Health Advisory.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator'') shall publish a health advisory (including cancer 
risks) for trichloroethylene that fully protects from vapor intrusion, 
with an adequate margin of safety, the health of susceptible 
populations (including pregnant women, infants, and children), taking 
into consideration body weight, exposure patterns, and all routes of 
exposure.
    (b) Establishment and Application of Reference Concentration.--
            (1) Establishment of reference concentration.--Not later 
        than 18 months after the date of enactment of this Act, the 
        Administrator shall establish an integrated risk information 
        system reference concentration of trichloroethylene vapor that 
        is protective of susceptible populations (including pregnant 
        women, infants, and children), consistent with the health 
        advisory described in subsection (a).
            (2) Remedial action.--Not later than 2 years after the date 
        of enactment of this Act, the Administrator shall apply the 
        reference concentration established under paragraph (1) with 
        respect to any potential vapor intrusion-related investigations 
        or actions to protect public health with respect to 
        trichloroethylene exposure carried out pursuant to the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.), or the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
                                 <all>