[Congressional Record Volume 152, Number 20 (Thursday, February 16, 2006)]
[Senate]
[Pages S1418-S1420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2298. A bill to facilitate remediation of perchlorate 
contamination in water sources in the State of California, and for 
other purposes; to the Committee on Environment and Public Works.
  Mrs. FEINSTEIN. Mr. President, I'm pleased to introduce this bill 
today to help California drinking water providers address the growing 
problem of perchlorate contamination.
  The California Perchlorate Contamination Remediation Act authorizes 
funds for perchlorate remediation of contaminated water sources.
  The bill provides: $50 million in grants for cleanup and remediation 
of perchlorate in water sources, including groundwater wells; and $8 
million for research and development of new, cheaper, and more 
efficient perchlorate cleanup technologies.
  The bill also expresses the sense of Congress that the Environmental 
Protection Agency should promulgate a national drinking water standard 
for perchlorate as soon as practicable.
  The Defense Department and NASA use perchlorate in rocket fuel, 
missiles, and at least 300 types of munitions.
  The Defense Department has used perchlorate since the 1950s. 
Perchlorate has a short shelf-life, and must be periodically replaced 
in the country's rocket and missile inventories.
  Perchlorate readily permeates through soil and can spread quickly 
from its source. Over the last half century, improper disposal has 
allowed perchlorate to seep into surface and groundwater supplies.
  Perchlorate contamination of drinking and irrigation water is a 
serious threat to public health.
  Perchlorate interferes with the uptake of iodide into the thyroid 
gland. Since iodide helps regulate thyroid hormone production, 
perchlorate disrupts normal thyroid function. In adults, the thyroid 
helps regulate metabolism.
  Infants and children are especially susceptible to the effects of 
perchlorate because the thyroid plays a critical role in proper 
development. Even unborn babies can be affected by perchlorate. 
Insufficient thyroid hormone production can severely retard a child's 
physical and mental development.
  Perchlorate first appeared in drinking water wells in Rancho Cordova, 
CA in 1964. In 1985, the Environmental Protection Agency discovered 
perchlorate in several wells in the San Gabriel Valley in Southern 
California.
  By 1997, it was detected in 4 counties in California and in the 
Colorado River, and by 1999 perchlorate was discovered in the water 
supplies of 12 States.
  According to the California Department of Health Services at least 
350 water sources in California, operated by 84 different local water 
agencies, now have perchlorate contamination.
  But perchlorate is not just a California problem. A study by 
Government Accountability Office found perchlorate in the water 
supplies of 35 States.
  The scope and magnitude of the perchlorate problem is still being 
defined and we are only beginning to discover the extent to which 
perchlorate has penetrated the food supply.
  Recent sampling by the Centers for Disease Control and Prevention 
found perchlorate in people living in States without contaminated 
drinking water. This suggests people all over the country are exposed 
to at least trace levels of perchlorate.
  In November 2004, the Food and Drug Administration released the 
results of its recent evaluation of perchlorate in the Nation's food. 
The FDA detected perchlorate in 90 percent of the lettuce samples taken 
from 5 different States, including California.
  The FDA also found perchlorate in 101 out of 104 milk samples taken 
from retail stores around the country. Samples labeled as organic also 
contained perchlorate.
  Last February, a study by researchers from Texas Tech University 
found perchlorate in all 36 samples of breast milk they tested. The 
milk was collected from women in 18 States, including California.
  With such widespread contamination in my State and across the 
country, I have serious concerns about the health and well-being of the 
most vulnerable among the population--infants, toddlers, pregnant 
women, and those with compromised immune systems.
  Let me speak for a moment about the challenges our water agencies are 
facing. As the population grows, so do the

[[Page S1419]]

demands on our water supply. During times of drought, these demands are 
particularly challenging.
  States and communities rely upon their local water supplies, but are 
increasingly finding that these supplies are contaminated with 
perchlorate and other pollutants.
  When Federal agencies fail to protect adjacent water supplies from 
perchlorate contamination, the problem falls to local and regional 
water agencies to fix.
  These agencies already face staggering challenges both in delivering 
drinking water and managing wastewater services. Compounding these 
challenges with cleanup responsibilities for Defense Department 
activities is unfair, unreasonable, and unacceptable.
  Perchlorate contamination in California is primarily the result of 
releases from 12 defense sites and several government contractor sites.
  I applaud those contractors that have taken an active role in the 
cleanup of perchlorate. Unfortunately, clean up has only begun at a 
handful of contaminated sites.
  In many cities and counties around California, wells are being taken 
out of service because of perchlorate contamination. Sometimes cities 
and water agencies are forced to bring in water from other sources, 
often at a much higher price. Other times, they must install costly 
perchlorate removal equipment.
  This bill will provide much needed funds to water agencies for 
perchlorate remediation projects.
  Now that perchlorate has been detected in the water sources of 35 
States, it has become a national problem requiring a national solution.
  I've approached several of my colleagues with a proposal that would 
address perchlorate contamination on a national level. My hope is that 
those representing States facing this problem will work with me on this 
issue.
  Today there is no Federal drinking water standard for perchlorate. In 
the absence of a Federal standard, States have acted independently to 
establish health-related guidance or regulatory limits for perchlorate 
in drinking water.
  The result is that each State has adopted a different preliminary 
guideline for perchlorate.
  Let me give you a few examples: California established a Public 
Health Goal of 6 parts per billion; Texas has a Drinking Water Action 
Level of 4 part per billion; Nevada has a Public Notice Standard of 18 
parts per billion; New York has a Drinking Water Planning Level of 5 
parts per billion; Arizona has a Health-Based Guideline of 14 parts per 
billion; and Massachusetts has an interim public health goal of 1 part 
per billion.
  Each of these States has adopted a different kind of regulatory 
guideline for perchlorate sending a confusing message to the public 
about what level is safe. It also frustrates the water agencies that 
strive to provide safe drinking water to consumers.
  Clearly, it is time for the Federal Government to establish a 
national standard for perchlorate.
  This bill would assist California water providers in their efforts to 
remove perchlorate from contaminated drinking water sources by 
providing $50 million dollars for 50 percent federally matched grants.
  To address the challenge of removing perchlorate from all of our 
water supplies, we must invest in costeffective and timely remediation 
solutions. To underwrite this effort, $8 million will be authorized for 
grants for research and development of new, cheaper, more efficient 
perchlorate cleanup technologies.
  It is time for the EPA to fulfill its obligation to protect public 
health. This bill expresses the sense of Congress that the EPA should 
promulgate a national drinking water standard for perchlorate under the 
timeline of the Safe Drinking Water Act as soon as practicable.
  Perchlorate contamination has placed an enormous financial burden on 
the water agencies who strive to provide high quality, safe drinking 
water to the citizens of California. Cleaning up contaminated water 
sources is equivalent to creating new water, a growing need in my state 
and throughout the West.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2298

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``California Perchlorate 
     Contamination Remediation Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) because finite water sources in the United States are 
     stretched by regional drought conditions and increasing 
     demand for water supplies, there is increased need for safe 
     and dependable supplies of fresh water for drinking and 
     agricultural purposes;
       (2) perchlorate, a naturally occurring and manmade compound 
     with commercial and national defense applications, is used 
     primarily in military munitions and rocket fuels, and also in 
     fireworks, road flares, blasting agents, and automobile 
     airbags;
       (3) perchlorate has been detected in fresh water sources 
     intended for drinking water and agricultural use in 35 States 
     and the District of Columbia;
       (4)(A) perchlorate has been detected in the food supply of 
     the United States; and
       (B) many fruits and vegetables, including lettuce, wheat, 
     tomato, cucumber, and cantaloupe, contain at least trace 
     levels of perchlorate, as do wine, whiskey, soy milk, dairy 
     milk, and human breast milk; and
       (5) if ingested in sufficient concentration and for 
     adequate duration, perchlorate may interfere with thyroid 
     metabolism, the effects of which may impair normal 
     development of the brain in fetuses, newborns, and children.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide grants for remediation of perchlorate 
     contamination of water sources and supplies (including 
     wellheads) in the State;
       (2) to provide grants for research and development of 
     perchlorate remediation technologies; and
       (3) to express the sense of Congress that the Administrator 
     should establish a national drinking water standard for 
     perchlorate.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) California water authority.--The term ``California 
     water authority'' means a public water district, public water 
     utility, public water planning agency, municipality, or 
     Indian tribe that is--
       (A) located in a region identified under section 
     4(b)(3)(B); and
       (B) in operation as of the date of enactment of this Act.
       (3) Fund.--The term ``Fund'' means the California 
     Perchlorate Cleanup Fund established by section 4(a)(1).
       (4) State.--The term ``State'' means the State of 
     California.

     SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION GRANTS.

       (a) Perchlorate Cleanup Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``California 
     Perchlorate Cleanup Fund'', consisting of--
       (A) any amount appropriated to the Fund under section 7; 
     and
       (B) any interest earned on investment of amounts in the 
     Fund under paragraph (3).
       (2) Expenditures from fund.--
       (A) In general.--Subject to subparagraph (B), on receipt of 
     a request by the Administrator, the Secretary of the Treasury 
     shall transfer to the Administrator such amounts as the 
     Administrator determines to be necessary to provide grants 
     under subsections (b) and (c).
       (B) Administrative expenses.--An amount not to exceed 0.4 
     percent of the amounts in the Fund may be used to pay the 
     administrative expenses necessary to carry out this 
     subsection.
       (3) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Interest-bearing obligations.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (C) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       (i) on original issue at the issue price; or
       (ii) by purchase of outstanding obligations at the market 
     price.
       (D) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (E) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (b) Cleanup Grants.--
       (1) In general.--Subject to paragraph (3), the 
     Administrator shall provide grants to California water 
     authorities, the total amount of which shall not exceed 
     $50,000,000, to pay the Federal share of the cost of 
     activities relating to cleanup of water sources and

[[Page S1420]]

     supplies (including wellheads) in the State that are 
     contaminated by perchlorate.
       (2) Federal share.--The Federal share of the cost of an 
     activity described in paragraph (1) shall not exceed 50 
     percent.
       (3) Eligibility; priority.--
       (A) Eligibility.--A California water authority that the 
     Administrator determines to be responsible for perchlorate 
     contamination shall not be eligible to receive a grant under 
     this subsection.
       (B)  Priority.--
       (i) Activities.--In providing grants under this subsection, 
     the Administrator shall give priority to an activity for the 
     remediation of--

       (I) drinking water contaminated with perchlorate;
       (II) a water source with a high concentration of 
     perchlorate; or
       (III) a water source that serves a large population that is 
     directly affected by perchlorate contamination.

       (ii) Locations.--In providing grants under this subsection, 
     the Administrator shall give priority to an activity 
     described in clause (i) that is carried out in 1 or more of 
     the following regions in the State:

       (I) The Santa Clara Valley.
       (II) Regions within the natural watershed of the Santa Ana 
     River, including areas in Riverside and San Bernardino 
     Counties.
       (III) The San Gabriel Valley.
       (IV) Sacramento County.
       (V) Any other region that has a damaged water source as a 
     result of perchlorate contamination, as determined by the 
     Administrator.

       (c) Research and Development Grants.--
       (1) In general.--The Administrator shall provide grants, 
     the total amount of which shall not exceed $8,000,000, to 
     qualified non-Federal entities (as determined by the 
     Administrator) for use in carrying out research and 
     development of perchlorate remediation technologies.
       (2) Maximum amount of grant.--The amount of a grant 
     provided under paragraph (1) shall not exceed $1,000,000.

     SEC. 5. EFFECT OF ACT.

       Nothing in this Act affects any authority or program of a 
     Federal or State agency in existence on the date of enactment 
     of this Act.

     SEC. 6. SENSE OF CONGRESS.

       It is the sense of Congress that the Administrator should 
     establish a national drinking water standard for perchlorate 
     that reflects all routes of exposure to perchlorate as soon 
     as practicable after the date of enactment of this Act.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $58,000,000, to remain available until expended.
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