[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 150 Reported in Senate (RS)]






                                                      Calendar No. 1055
110th CONGRESS
  2d Session
                                 S. 150

                          [Report No. 110-484]

To amend the Safe Drinking Water Act to protect the health of pregnant 
 women, fetuses, infants, and children by requiring a health advisory 
              and drinking water standard for perchlorate.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

 Mrs. Boxer (for herself, Mrs. Feinstein, Mr. Lautenberg, Mr. Cardin, 
and Ms. Klobuchar) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

           September 24 (legislative day, September 17), 2008

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Safe Drinking Water Act to protect the health of pregnant 
 women, fetuses, infants, and children by requiring a health advisory 
              and drinking water standard for perchlorate.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Protecting Pregnant Women 
and Children From Perchlorate Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) perchlorate--</DELETED>
                <DELETED>    (A) is a chemical used as the primary 
                ingredient of solid rocket propellant; and</DELETED>
                <DELETED>    (B) is also used in fireworks, road 
                flares, and other applications;</DELETED>
        <DELETED>    (2) waste from the manufacture and improper 
        disposal of chemicals containing perchlorate is increasingly 
        being discovered in soil and water;</DELETED>
        <DELETED>    (3) according to the Government Accountability 
        Office, perchlorate contamination has been detected in water 
        and soil at almost 400 sites in the United States, with 
        concentration levels ranging from 4 parts per billion to 
        millions of parts per billion;</DELETED>
        <DELETED>    (4) the Government Accountability Office has 
        determined that the Environmental Protection Agency does not 
        centrally track or monitor perchlorate detections or the status 
        of perchlorate cleanup, so a greater number of contaminated 
        sites may already exist;</DELETED>
        <DELETED>    (5) according to the Government Accountability 
        Office, limited Environmental Protection Agency data show that 
        perchlorate has been found in 35 States and the District of 
        Columbia and is known to have contaminated 153 public water 
        systems in 26 States;</DELETED>
        <DELETED>    (6) those data are likely underestimates of total 
        drinking water exposure, as illustrated by the finding of the 
        California Department of Health Services that perchlorate 
        contamination sites have affected approximately 276 drinking 
        water sources and 77 drinking water systems in the State of 
        California alone;</DELETED>
        <DELETED>    (7) Food and Drug Administration scientists and 
        other scientific researchers have detected perchlorate in the 
        United States food supply, including in lettuce, milk, 
        cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, 
        and in human breast milk;</DELETED>
        <DELETED>    (8)(A) perchlorate can harm human health, 
        especially in pregnant women and children, by interfering with 
        uptake of iodide by the thyroid gland, which is necessary to 
        produce important hormones that help control human health and 
        development;</DELETED>
        <DELETED>    (B) in adults, the thyroid helps to regulate 
        metabolism;</DELETED>
        <DELETED>    (C) in children, the thyroid helps to ensure 
        proper mental and physical development; and</DELETED>
        <DELETED>    (D) impairment of thyroid function in expectant 
        mothers or infants may result in effects including delayed 
        development and decreased learning capability;</DELETED>
        <DELETED>    (9)(A) in October 2006, researchers from the 
        Centers for Disease Control and Prevention published the 
        largest, most comprehensive study to date on the effects of low 
        levels of perchlorate exposure in women, finding that--
        </DELETED>
                <DELETED>    (i) significant changes existed in thyroid 
                hormones in women with low iodine levels who were 
                exposed to perchlorate; and</DELETED>
                <DELETED>    (ii) even low-level perchlorate exposure 
                may affect the production of hormones by the thyroid in 
                iodine-deficient women; and</DELETED>
        <DELETED>    (B) in the United States, about 36 percent of 
        women have iodine levels equivalent to or below the levels of 
        the women in the study described in subparagraph (A); 
        and</DELETED>
        <DELETED>    (10) the Environmental Protection Agency has not 
        established a health advisory or national primary drinking 
        water regulation for perchlorate, but instead established a 
        ``Drinking Water Equivalent Level'' of 24.5 parts per billion 
        for perchlorate, which--</DELETED>
                <DELETED>    (A) does not take into consideration all 
                routes of exposure to perchlorate;</DELETED>
                <DELETED>    (B) has been criticized by experts as 
                failing to sufficiently consider the body weight, 
                unique exposure, and vulnerabilities of certain 
                pregnant women and fetuses, infants, and children; 
                and</DELETED>
                <DELETED>    (C) is based primarily on a small study 
                and does not take into account new, larger studies of 
                the Centers for Disease Control and Prevention or other 
                data indicating potential effects at lower perchlorate 
                levels than previously found.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to require the Administrator of the 
        Environmental Protection Agency to establish, by not later than 
        90 days after the date of enactment of this Act, a health 
        advisory for perchlorate in drinking water that fully protects 
        pregnant women, fetuses, infants, and children, taking into 
        consideration body weight and exposure patterns and all routes 
        of exposure to perchlorate; and</DELETED>
        <DELETED>    (2) to require the Administrator of the 
        Environmental Protection Agency to establish promptly a 
        national primary drinking water regulation for perchlorate that 
        fully protects pregnant women, fetuses, infants, and children, 
        taking into consideration body weight and exposure patterns and 
        all routes of exposure to perchlorate.</DELETED>

<DELETED>SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER 
              REGULATION FOR PERCHLORATE.</DELETED>

<DELETED>    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:</DELETED>
                <DELETED>    ``(C) Perchlorate.--</DELETED>
                        <DELETED>    ``(i) Schedule, health advisory, 
                        and standard.--Notwithstanding any other 
                        provision of this section, the Administrator 
                        shall publish a health advisory and promulgate 
                        a national primary drinking water regulation 
                        for perchlorate, in accordance with the 
                        schedule and provisions established by this 
                        subparagraph, that fully protect, with an 
                        adequate margin of safety, the health of 
                        vulnerable persons (including pregnant women, 
                        fetuses, infants, and children), taking into 
                        consideration body weight, exposure patterns, 
                        and all routes of exposure.</DELETED>
                        <DELETED>    ``(ii) Health advisory.--Not later 
                        than 90 days after the date of enactment of 
                        this subparagraph, the Administrator shall 
                        publish a health advisory for perchlorate in 
                        accordance with clause (i).</DELETED>
                        <DELETED>    ``(iii) Proposed regulations.--Not 
                        later than August 1, 2007, the Administrator 
                        shall propose a national primary drinking water 
                        regulation for perchlorate in accordance with 
                        clause (i).</DELETED>
                        <DELETED>    ``(iv) Final regulations.--Not 
                        later than December 31, 2007, after providing 
                        notice and an opportunity for public comment, 
                        the Administrator shall promulgate a national 
                        primary drinking water regulation for 
                        perchlorate in accordance with clause 
                        (i).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Pregnant Women and 
Children From Perchlorate Act of 2008''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) perchlorate--
                    (A) is a chemical used as the primary ingredient of 
                solid rocket propellant; and
                    (B) is also used in fireworks, road flares, and 
                other applications;
            (2) waste from the manufacture and improper disposal of 
        chemicals containing perchlorate is increasingly being 
        discovered in soil and water;
            (3) according to the Government Accountability Office, 
        perchlorate contamination has been detected in water and soil 
        at almost 400 sites in the United States, with concentration 
        levels ranging from 4 parts per billion to millions of parts 
        per billion;
            (4) the Government Accountability Office has determined 
        that the Environmental Protection Agency does not centrally 
        track or monitor perchlorate detections or the status of 
        perchlorate cleanup, so a greater number of contaminated sites 
        may already exist;
            (5) according to the Government Accountability Office, 
        limited Environmental Protection Agency data show that 
        perchlorate has been found in 35 States and the District of 
        Columbia and is known to have contaminated 153 public water 
        systems in 26 States;
            (6) those data are likely underestimates of total drinking 
        water exposure, as illustrated by the finding of the California 
        Department of Health Services that perchlorate contamination 
        sites have affected approximately 274 drinking water sources 
        and 82 drinking water systems in the State of California alone;
            (7) Food and Drug Administration scientists and other 
        scientific researchers have detected perchlorate in the United 
        States food supply, including in lettuce, milk, cucumbers, 
        tomatoes, carrots, cantaloupe, wheat, and spinach, and in human 
        breast milk;
            (8)(A) perchlorate can harm human health, especially in 
        pregnant women and children, by interfering with uptake of 
        iodide by the thyroid gland, which is necessary to produce 
        important hormones that help control human health and 
        development;
            (B) in adults, the thyroid helps to regulate metabolism;
            (C) in children, the thyroid helps to ensure proper mental 
        and physical development; and
            (D) impairment of thyroid function in expectant mothers or 
        infants may result in effects including delayed development and 
        decreased learning capability;
            (9)(A) in October 2006, researchers from the Centers for 
        Disease Control and Prevention published the largest, most 
        comprehensive study to date on the effects of low levels of 
        perchlorate exposure in women, finding that--
                    (i) significant changes existed in thyroid hormones 
                in women with low iodine levels who were exposed to 
                perchlorate; and
                    (ii) even low-level perchlorate exposure may affect 
                the production of hormones by the thyroid in iodine-
                deficient women; and
            (B) in the United States, about 36 percent of women have 
        iodine levels equivalent to or below the levels of the women in 
        the study described in subparagraph (A); and
            (10) the Environmental Protection Agency has not 
        established a health advisory or national primary drinking 
        water regulation for perchlorate, but instead established a 
        ``Drinking Water Equivalent Level'' of 24.5 parts per billion 
        for perchlorate, which--
                    (A) does not take into consideration all routes of 
                exposure to perchlorate;
                    (B) has been criticized by experts as failing to 
                sufficiently consider the body weight, unique exposure, 
                and vulnerabilities of certain pregnant women and 
                fetuses, infants, and children; and
                    (C) is based primarily on a small study and does 
                not take into account new, larger studies of the 
                Centers for Disease Control and Prevention or other 
                data indicating potential effects at lower perchlorate 
                levels than previously found.
    (b) Purposes.--The purposes of this Act are--
            (1) to require the Administrator of the Environmental 
        Protection Agency to establish, by not later than 90 days after 
        the date of enactment of this Act, a health advisory for 
        perchlorate in drinking water that--
                    (A) is fully protective of, and considers, the body 
                weight and exposure patterns of pregnant women, 
                infants, and children;
                    (B) provides an adequate margin of safety; and
                    (C) takes into account all routes of exposure to 
                perchlorate;
            (2) to require the Administrator of the Environmental 
        Protection Agency to establish not later than 18 months after 
        the date of enactment of this Act a national primary drinking 
        water regulation for perchlorate that fully protects pregnant 
        women, infants, and children, taking into consideration body 
        weight, exposure patterns, and all routes of exposure to 
        perchlorate.

SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION 
              FOR PERCHLORATE.

    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) Perchlorate.--
                            ``(i) Health advisory.--Notwithstanding any 
                        other provision of this section, not later than 
                        90 days after the date of enactment of this 
                        subparagraph, the Administrator shall publish a 
                        health advisory for perchlorate that is fully 
                        protective, with an adequate margin of safety, 
                        of the health of vulnerable persons (including 
                        pregnant women, infants, and children), taking 
                        into consideration body weight, exposure 
                        patterns, and all routes of exposure.
                            ``(ii) Proposed regulations.--
                        Notwithstanding any other provision of this 
                        section, the Administrator shall propose 
                        (within 9 months of the date of enactment of 
                        this subparagraph) and shall finalize (within 
                        18 months of the date of enactment) a national 
                        primary drinking water regulation for 
                        perchlorate--
                                    ``(I) that based on the factors in 
                                clause (i) and other relevant data, is 
                                protective, with an adequate margin of 
                                safety, of vulnerable persons 
                                (including pregnant women, infants, and 
                                children); and
                                    ``(II) the maximum contaminant 
                                level of which is as close to the 
                                maximum contaminant level goal for 
                                perchlorate, and as protective of 
                                vulnerable persons, as is feasible.''.
                                                      Calendar No. 1055

110th CONGRESS

  2d Session

                                 S. 150

                          [Report No. 110-484]

_______________________________________________________________________

                                 A BILL

To amend the Safe Drinking Water Act to protect the health of pregnant 
 women, fetuses, infants, and children by requiring a health advisory 
              and drinking water standard for perchlorate.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported with an amendment