[Senate Report 110-486]
[From the U.S. Government Publishing Office]






                                                      Calendar No. 1057
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-486

======================================================================



 
             TOXIC CHEMICAL EXPOSURE REDUCTION ACT OF 2008

                                _______
                                

  September 24 (legislative day, September 17), 2008.--Ordered to be 
                                printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 1911]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill, S. 1911, 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, 
reports favorably thereon without amendment and recommends the 
bill do pass.

                 Purpose and Summary of the Legislation

    The purpose of S. 1911, the Toxic Chemical Exposure 
Reduction Act of 2008 is to require a new health advisory, 
national primary drinking water regulation, vapor intrusion 
standard, and safety standard for trichloroethylene (TCE). Not 
later than 180 days after enactment of S. 1911, the bill would 
require the new health advisory for TCE in drinking water to 
fully protect susceptible populations (including pregnant 
women, infants, and children), taking into consideration body 
weight, exposure patterns, and all routes of exposure. Not 
later than 18 months after enactment of S. 1911, the bill would 
require a new national primary drinking water regulation for 
TCE that fully protect susceptible populations (including 
pregnant women, infants, and children), taking into 
consideration body weight, exposure patterns, and all routes of 
exposure.
    Not later than one year after enactment of S. 1911, the 
bill would require the new health advisory for TCE usable in 
cases of vapor intrusion, with an adequate margin of safety, to 
fully protect susceptible populations (including pregnant 
women, infants, and children), taking into consideration body 
weight, exposure patterns, and all routes of exposure. Not 
later than 180 days after enactment of S. 1911, the bill would 
require the new safety standard for TCE to be a new integrated 
risk information system reference concentration that is 
protective of susceptible populations (including pregnant 
women, infants, and children) from vapor intrusion, taking into 
consideration body weight, exposure patterns, and all routes of 
exposure.

                Background and Need for the Legislation


                               BACKGROUND

    Trichloroethylene (TCE) is a metal degreaser and an 
ingredient in adhesives and paint and spot removers. People, 
including susceptible populations, can be exposed to TEC by 
breathing air in and around the home that has been contaminated 
with trichloroethylene vapors from shower water, household 
products such as spot removers and typewriter correction fluid, 
and contaminated groundwater or soil in or around the home. 
People can also be exposed to TCE by drinking, swimming, or 
showering in contaminated water. Contact with soil contaminated 
with trichloroethylene, such as near a hazardous waste site, 
also poses a risk of exposure. People who manufacture TCE or 
use it to wash paint or grease from skin or equipment also face 
a risk of exposure.
    Waste from the use and improper disposal of chemicals 
containing TCE is widespread in soil and water. More than 1,000 
waste sites in the United States are contaminated with TCE. It 
is well documented that individuals in many communities are 
exposed to TCE and experience associated health risks.
    In September 2006, the United States Geological Survey 
published a report entitled ``Volatile Organic Compounds in the 
Nation's Groundwater and Drinking-Water Supply Wells,'' which 
provides the most comprehensive national analysis of the 
occurrence of volatile organic compounds in ground water, based 
on monitoring results from between 1985 to 2002. A major 
finding of the report is that TCE is one of the most frequently 
detected volatile organic compounds in the nation's 
groundwater.
    A 2001 EPA study of TCE confirmed the danger of this 
ubiquitous chemical. The Agency found that TCE can cause cancer 
and injury to the nervous, immune and endocrine systems. TCE is 
linked to kidney, liver, cervical, prostate and other cancers. 
Children may be especially at risk from TCE, which can cross 
the placenta and contaminate breast milk. The Science Advisory 
Board for EPA has reviewed and commended the Agency's work, 
particularly on the risks to children.
    According to a 2006 report of the National Academy of 
Sciences entitled ``Assessing the Human Health Risks of 
Trichloroethylene: Key Scientific Issues,'' acute exposures to 
TCE occurring as a result of occupational industrial accidents 
are associated with nerve damage and residual neurological 
deficits, including memory loss; high-concentration exposure to 
air contaminated with TCE can cause nervous system damage and 
has been associated with generalized skin eruptions and other 
more severe skin and mucus membrane conditions, such as 
Stevens-Johnson syndrome. The report also noted that such 
exposures can cause liver dysfunction, leading to jaundice, 
hepatomegaly, and hepatic encephalopathy.
    The National Academy found that:

          The evidence on carcinogenic risk and other health 
        hazards from exposure to trichloroethylene has 
        strengthened since 2001. Hundreds of waste sites in the 
        United States are contaminated with trichloroethylene, 
        and it is well documented that individuals in many 
        communities are exposed to the chemical, with 
        associated health risks. Thus, the committee recommends 
        that federal agencies finalize their risk assessment 
        with currently available data so that risk management 
        decisions can be made expeditiously.

    A 2008 Government Accountability Office (GAO) report on a 
new EPA policy for evaluating chemicals' risks examined the 
policy's impacts on TCE, among other chemicals. The GAO was 
critical of EPA's new policy and recommended that EPA withdraw 
the policy for a variety of reasons. The report analyzed the 
Agency's evaluation of TCE's risks and found that ``10 years 
after EPA started its IRIS assessment, the TCE assessment is 
back at the draft development stage. EPA estimates this 
assessment will be finalized in 2010.''
    The GAO noted: ``This delay represents an information gap 
of at least 21 years. Without completed IRIS assessments 
reflecting current risk data, EPA lacks assurance that its 
regulatory decisions concerning this widespread chemical 
reflect the best available science on its potential health 
effects.'' The GAO also found that, ``More in line with the 
National Academies' recommendation to act expeditiously, five 
senators introduced a bill in August 2007 that, among other 
things, would require EPA to both establish IRIS values for TCE 
and issue final drinking water standards for this contaminant 
within 18 months.''
    S. 1911 is intended to address these concerns and provide 
additional health protections.

                          NEED FOR LEGISLATION

    The Committee on Environment and Public Works if very 
concerned about the potential health effects of TCE exposure, 
especially for susceptible populations, including pregnant 
women, infants, and children, and GAO's finding that EPA has 
delayed reaching a decision on TCE for a decade.
    The Committee takes to heart the National Academy of 
Sciences' statement that:

          The evidence on carcinogenic risk and other health 
        hazards from exposure to trichloroethylene has 
        strengthened since 2001. Hundreds of waste sites in the 
        United States are contaminated with trichloroethylene, 
        and it is well documented that individuals in many 
        communities are exposed to the chemical, with 
        associated health risks. Thus, the committee recommends 
        that federal agencies finalize their risk assessment 
        with currently available data so that risk management 
        decisions can be made expeditiously.

    S. 1911 is intended to protect vulnerable persons, 
including pregnant women, infants, children, and others in 
other country from dangerous TCE exposures. It will also ensure 
that the public is fully informed about TCE exposures and the 
potential health effects from such exposures.

                Summary of Major Provisions of the Bill

    S. 1911, the Toxic Chemical Exposure Reduction Act of 2008, 
would require a new health advisory, national primary drinking 
water regulation, vapor intrusion standard, and safety standard 
for trichloroethylene (TCE). Not later than 18 months after 
enactment of S. 1911, the bill would require a new national 
primary drinking water regulation for TCE that fully protects 
susceptible populations (including pregnant women, infants, and 
children), taking into consideration body weight, exposure 
patterns, and all routes of exposure.
    Not later than 180 days after enactment of S. 1911, the 
bill would require the new health advisory for TCE in drinking 
water to fully protect susceptible populations (including 
pregnant women, infants, and children), taking into 
consideration body weight, exposure patterns, and all routes of 
exposure. Not later than 180 days after enactment of S. 1911, 
the bill would require the new National Primary Drinking Water 
Regulation for TCE, and a new reference concentration for TCE 
vapor, that are protective of susceptible populations 
(including pregnant women, infants, and children) from vapor 
intrusion, taking into consideration body weight, exposure 
patterns, and all routes of exposure. Not later than two years 
after enactment, the bill would require the Administrator to 
apply this reference concentration to any potential vapor 
intrusion-related investigations or actions undertaken to 
protect public health.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the Act as the 
``the Toxic Chemical Exposure Reduction Act of 2008''.

Section 2. Findings

    This section contains detailed findings related to TCE and 
health effects.

Section 101. Health advisory and national primary drinking water 
        regulations for trichloroethylene

    This section amends section 300g-1 of the Safe Drinking 
Water Act by requiring EPA to create, not later than 180 days 
after the date of enactment of the Act, a new health advisory 
for TCE in drinking water. This advisory must fully protect, 
with an adequate margin of safety, susceptible populations 
(including pregnant women, infants, and children), taking into 
consideration body weight, exposure patterns, and all routes of 
exposure.
    This section further amends section 300g-1 to require that 
notwithstanding any other provision in section 300g-1, not 
later than one year after the date of enactment, the 
Administrator shall propose a national primary drinking water 
regulation for TCE that is protective of susceptible 
populations (including pregnant women, infants, and children), 
including a maximum contaminant level which is as close to the 
maximum contaminant level goal for TCE and as protective of 
those susceptible populations, as is feasible. The section also 
mandates that notwithstanding any other provision of section 
300g-1, the Administrator must promulgate a final national 
primary drinking water regulation that is consistent with the 
criteria in the previous sentence not later than 18 months from 
the date of enactment.
    The section amends section 300g-1 to require the 
Administrator to create a provision for monitoring TCE at the 
same time that the Administrator issues the final national 
primary drinking water regulations, which must be issued not 
later than 18 months from the date of enactment.
    The section further amends section 300g-1 to require that, 
simultaneously with the promulgation of the final national 
primary drinking water regulations, the Administrator shall 
require drinking water consumer confidence reports to disclose 
the presence of TCE and describe TCE's health risks to 
susceptible populations (including pregnant women, infants, and 
children) from exposure in drinking water. The section 
explicitly excludes this requirement from as one of the three 
regulated contaminants described in the matter following clause 
(vi) of section 300g-3(c)(4)(B).

Section 201. Health advisory and reference concentration for 
        trichloroethylene

    This section requires EPA to create, not later than one 
year after the date of enactment of the Act, a new health 
advisory for TCE 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.
    This section would require EPA, not later than 18 months 
after enactment of S. 1911, to create a new integrated risk 
information system reference concentration in its Integrate 
Risk Information System for TCE that protects susceptible 
populations (including pregnant women, infants, and children) 
from vapor intrusion, taking into consideration body weight, 
exposure patterns, and all routes of exposure.
    Not later than two years after enactment, this section 
would require the Administrator to apply this reference 
concentration to any potential vapor intrusion-related 
investigations or actions undertaken to protect public health.

                     Legislative History and Votes


                                 VOTES

    On July 31, 2008, the Committee on Environment and Public 
Works held a business meeting to consider S. 1911, among other 
pieces of legislation. The Committee on Environment and Public 
Works considered Chairman Boxer's amendment in the nature of a 
substitute to S. 1911. The Committee favorably adopted the bill 
by a voice vote. On May 6, 2008, the Committee held a 
legislative hearing titled, ``Perchlorate and TCE in Drinking 
Water.'' On April 29, 2008 the Committee held a hearing titled, 
``Oversight on EPA Toxic Chemicals Policies.''

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee notes that the 
Congressional Budget Office has found that the regulatory 
impacts of this legislation would not be substantial. CBO 
concluded that the bill would impose a ``private-sector mandate 
as defined in the Unfunded Mandates Reform Act (UMRA). . . . 
Based on information from industry experts, CBO estimates that 
the costs to provide the additional disclosures would be 
minimal and would not exceed the annual thresholds for . . . 
private-sector mandates (. . . $136 million in 2008 . . .).''

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office has said that ``S. 1911 would impose an 
intergovernmental and private-sector mandate as defined in the 
Unfunded Mandates Reform Act (UMRA). . . . Based on information 
from industry experts, CBO estimates that the costs to provide 
the additional disclosures would be minimal and would not 
exceed the annual thresholds for intergovernmental or private-
sector mandates ($68 million and $136 million in 2008, 
respectively, adjusted annually for inflation).''

                          Cost of Legislation


S. 1911--Toxic Chemical Exposure Reduction Act of 2007

    S. 1911 would require the Environmental Protection Agency 
(EPA) to issue a health advisory for trichloroethylene (TCE) in 
drinking water that fully protects susceptible populations, 
including pregnant women, infants, and children. 
(Trichloroethylene is a toxic liquid often used as a metal 
degreaser and is an ingredient in adhesives and paint 
removers.) EPA also would be required under this legislation to 
establish a regulation for the amount of TCE that is 
permissible in drinking water, and to develop an information 
system concerning the risk of inhaling TCE.
    Based on information from EPA, CBO estimates that 
implementing S. 1911 would cost about $5 million over the 2009-
2011 period, subject to the availability of appropriated funds. 
Such funding would be used to support 11 additional personnel 
and contractor costs needed to meet the requirements of this 
legislation.
    Enacting the legislation would not affect direct spending 
or revenues.
    By requiring community water systems to disclose the 
potential health risks of exposure to TCE in annual consumer 
confidence reports, S. 1911 would impose an intergovernmental 
and private-sector mandate as defined in the Unfunded Mandates 
Reform Act (UMRA). Community water systems are currently 
required to report on health risks associated with TCE only 
when they violate the maximum contaminant level (MCL) for TCE. 
Based on information from industry experts, CBO estimates that 
the costs to provide the additional disclosures would be 
minimal and would not exceed the annual thresholds for inter-
governmental or private-sector mandates ($68 million and $136 
million in 2008, respectively, adjusted annually for 
inflation).
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman (for federal costs); Burke Doherty (for the state and 
local impact); and Amy Petz (for the private-sector impact). 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                 MINORITY VIEWS OF SENATOR JAMES INHOFE

    TCE is actively regulated by EPA. Currently, TCE has a 
drinking water standard of MCL goal of 0 ppb and an action 
level of MCL 5 ppb. However, based on recent concerns, and 
incorporating the advice of the National Academy of Sciences, 
EPA is in the process of revaluating the risks posed by TCE 
pursuant to the 1996 Safe Drinking Water Act (SDWA), authored 
by Senator Baucus.
    EPA recently released for public comment a draft ``peer 
review charge'' which means the Agency is actively seeking 
public input on the most appropriate science and methodologies 
that should be used in revising the risk assessment for TCE. By 
evaluating technological information, including whether it is 
feasible for public water systems to reliably measure TCE in 
drinking water below the 5 ppb standard, EPA anticipates 
releasing the draft results of the TCE review for public 
comment in 2009 and completing the review in 2010.
    S. 3495 sets us back in time to a period before the SWDA 
when Congress itself speculated on, then dictated the drinking 
water regulations developed by EPA. There was nearly universal 
agreement that the regulatory system under the 1974 version of 
SDWA and the 1986 Amendments actually prevented the Agency from 
focusing on the most significant health risks. By passing the 
1996 SDWA Amendments, Congress demanded a risk-based, 
scientifically sound approach to regulatory development 
including the prioritization and selection of contaminants for 
regulation. Those changes continue to ensure that the EPA 
focuses on contaminants that present the greatest public health 
concern, as well as develops regulations that reduce health 
risks from contaminants in public water supplies.
    S. 1191 basically tells EPA to do what it is already doing, 
only faster, by requiring EPA to both promulgate an MCL for TCE 
as well as set a reference dose for TCE Vapors within 18 months 
of enactment. In contrast, the SDWA allows EPA nearly 3 years 
to propose a regulation and issue a final rule. I believe the 
SDWA timeframes are justified and necessary to conduct the 
proper analyses and issue a rule that can withstand judicial 
scrutiny.
    I oppose passage of S. 1911 because I support the process 
outlined in the SWDA. Further, I do not believe it is 
appropriate for this Committee to impose its scientific, or 
worse yet, political judgment to thwart the expertise of the 
agency charged with regulating TCE.
                                                   James M. Inhofe.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


  TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE SAFE DRINKING WATER 
ACT)

           *       *       *       *       *       *       *


  Sec. 1400. This title may be cited as the ``Safe Drinking 
Water Act''.

                          Part A--Definitions

definitions

           *       *       *       *       *       *       *


  Sec. 1412. (a)(1) Effective on the enactment of the Safe 
Drinking Water Act Amendments of 1986, each national interim or 
revised primary drinking water regulation promulgated under 
this section before such enactment shall be deemed to be a 
national primary drinking water regulation under subsection 
(b). No such regulation shall be required to comply with the 
standards set forth in subsection (b)(4) unless such regulation 
is amended to establish a different maximum contaminant level 
after the enactment of such amendments.
  (2) * * *

           *       *       *       *       *       *       *

  (e) The Administrator shall request comments from the Science 
Advisory Board (established under the Environmental Research, 
Development, and Demonstration Act of 1978) prior to proposal 
of a maximum contaminant level goal and national primary 
drinking water regulation. The Board shall respond, as it deems 
appropriate, within the time period applicable for promulgation 
of the national primary drinking water standard concerned. This 
subsection shall, under no circumstances, be used to delay 
final promulgation of any national primary drinking water 
standard.

           *       *       *       *       *       *       *

                  (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 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 
                                                trichloroethylen
                                                e 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 
                                                trichloroethylen
                                                e, 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 
                                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).

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