[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 24 Reported in Senate (RS)]






                                                      Calendar No. 1054
110th CONGRESS
  2d Session
                                 S. 24

                          [Report No. 110-483]

 To amend the Safe Drinking Water Act to require a health advisory and 
             monitoring of drinking water 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 require a health advisory and 
             monitoring of drinking water 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 ``Perchlorate Monitoring and 
Right-to-Know Act of 2008''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</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);</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>    (11) on August 22, 2005 (70 Fed. Reg. 49094), the 
        Administrator proposed to extend the requirement that 
        perchlorate be monitored in drinking water under the final rule 
        entitled ``Unregulated Contaminant Monitoring Regulation (UCMR) 
        for Public Water Systems Revisions'' promulgated pursuant to 
        section 1445(a)(2) of the Safe Drinking Water Act (42 U.S.C. 
        300j-4(a)(2)); and</DELETED>
        <DELETED>    (12) on December 20, 2006, the Administrator 
        signed a final rule removing perchlorate from the list of 
        contaminants for which monitoring is required under the final 
        rule entitled ``Unregulated Contaminant Monitoring Regulation 
        (UCMR) for Public Water Systems Revisions'' (72 Fed. Reg. 368 
        (January 4, 2007)).</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to require the 
Administrator of the Environmental Protection Agency--</DELETED>
        <DELETED>    (1) to establish, not later than 90 days after the 
        date of enactment of this Act, a health advisory that--
        </DELETED>
                <DELETED>    (A) is fully protective of, and considers, 
                the body weight and exposure patterns of pregnant 
                women, fetuses, newborns, and children;</DELETED>
                <DELETED>    (B) provides an adequate margin of safety; 
                and</DELETED>
                <DELETED>    (C) takes into account all routes of 
                exposure to perchlorate;</DELETED>
        <DELETED>    (2) to promulgate, not later than 120 days after 
        the date of enactment of this Act, a final regulation requiring 
        monitoring for perchlorate in drinking water; and</DELETED>
        <DELETED>    (3) to ensure the right of the public to know 
        about perchlorate in drinking water by requiring that consumer 
        confidence reports disclose the presence and potential health 
        effects of perchlorate in drinking water.</DELETED>

<DELETED>SEC. 3. MONITORING AND HEALTH ADVISORY 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) Health advisory.--Not later 
                        than 90 days after the date of enactment of 
                        this subparagraph, the Administrator shall 
                        publish a health advisory for perchlorate that 
                        fully protects, with an adequate margin of 
                        safety, the health of vulnerable persons 
                        (including pregnant women, fetuses, newborns, 
                        and children), considering body weight and 
                        exposure patterns and all routes of 
                        exposure.</DELETED>
                        <DELETED>    ``(ii) Monitoring regulations.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--The 
                                Administrator shall propose (not later 
                                than 60 days after the date of 
                                enactment of this subparagraph) and 
                                promulgate (not later than 120 days 
                                after the date of enactment of this 
                                subparagraph) a final regulation 
                                requiring--</DELETED>
                                        <DELETED>    ``(aa) each public 
                                        water system serving more than 
                                        10,000 individuals to monitor 
                                        for perchlorate beginning not 
                                        later than October 31, 2007; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) the 
                                        collection of a representative 
                                        sample of public water systems 
                                        serving 10,000 individuals or 
                                        fewer to monitor for 
                                        perchlorate in accordance with 
                                        section 1445(a)(2).</DELETED>
                                <DELETED>    ``(II) Duration.--The 
                                regulation shall be in effect unless 
                                and until monitoring for perchlorate is 
                                required under a national primary 
                                drinking water regulation for 
                                perchlorate.</DELETED>
                        <DELETED>    ``(iii) Consumer confidence 
                        reports.--Each consumer confidence report 
                        issued under section 1414(c)(4) shall disclose 
                        the presence of any perchlorate in drinking 
                        water, and the potential health risks of 
                        exposure to perchlorate in drinking water, 
                        consistent with guidance issued by the 
                        Administrator.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Perchlorate Monitoring and Right-to-
Know Act of 2008''.

SEC. 2. FINDINGS AND PURPOSE.

    (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);
            (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;
            (11) on August 22, 2005 (70 Fed. Reg. 49094), the 
        Administrator proposed to extend the requirement that 
        perchlorate be monitored in drinking water under the final rule 
        entitled ``Unregulated Contaminant Monitoring Regulation (UCMR) 
        for Public Water Systems Revisions'' promulgated pursuant to 
        section 1445(a)(2) of the Safe Drinking Water Act (42 U.S.C. 
        300j-4(a)(2)); and
            (12) on December 20, 2006, the Administrator signed a final 
        rule removing perchlorate from the list of contaminants for 
        which monitoring is required under the final rule entitled 
        ``Unregulated Contaminant Monitoring Regulation (UCMR) for 
        Public Water Systems Revisions'' (72 Fed. Reg. 368 (January 4, 
        2007)).
    (b) Purpose.--The purpose of this Act is to require the 
Administrator of the Environmental Protection Agency--
            (1) to establish, not later than 90 days after the date of 
        enactment of this Act, a health advisory 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 promulgate, not later than 120 days after the date 
        of enactment of this Act, a final regulation requiring 
        monitoring for perchlorate in drinking water; and
            (3) to ensure the right of the public to know about 
        perchlorate in drinking water by requiring that consumer 
        confidence reports disclose the presence and potential health 
        effects of perchlorate in drinking water.

SEC. 3. MONITORING AND HEALTH ADVISORY 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) Monitoring regulations.--
                                    ``(I) In general.--The 
                                Administrator shall propose (not later 
                                than 60 days after the date of 
                                enactment of this subparagraph) and 
                                promulgate (not later than 120 days 
                                after the date of enactment of this 
                                subparagraph) a final regulation 
                                pursuant to section 1445(a)(2) 
                                requiring--
                                            ``(aa) each public water 
                                        system serving more than 10,000 
                                        individuals to monitor for 
                                        perchlorate beginning not later 
                                        than 180 days after the date of 
                                        enactment of this subparagraph; 
                                        and
                                            ``(bb) the collection of a 
                                        representative sample of public 
                                        water systems serving 10,000 
                                        individuals or fewer to monitor 
                                        for perchlorate in accordance 
                                        with section 1445(a)(2).
                                    ``(II) Duration.--The regulation 
                                shall be in effect until monitoring for 
                                perchlorate is required under a 
                                national primary drinking water 
                                regulation for perchlorate.
                            ``(iii) Consumer confidence reports.--
                                    ``(I) In general.--Subject to 
                                subclause (II), by regulation 
                                promulgated simultaneously with the 
                                promulgation of the final regulation 
                                under clause (ii), the Administrator 
                                shall require that each consumer 
                                confidence report issued under section 
                                1414(c)(4) shall disclose the presence 
                                of any perchlorate in drinking water, 
                                and the potential health risks of 
                                exposure to perchlorate in drinking 
                                water to vulnerable persons (including 
                                pregnant women, infants, and children), 
                                consistent with regulations promulgated 
                                by the Administrator.
                                    ``(II) Exception.--Notwithstanding 
                                subclause (I), perchlorate 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).''.
                                                      Calendar No. 1054

110th CONGRESS

  2d Session

                                 S. 24

                          [Report No. 110-483]

_______________________________________________________________________

                                 A BILL

 To amend the Safe Drinking Water Act to require a health advisory and 
             monitoring of drinking water for perchlorate.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported with an amendment