[Senate Report 111-328]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 614
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-328

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



 
      INLAND EMPIRE PERCHLORATE GROUND WATER PLUME ASSESSMENT ACT

                                _______
                                

               September 27, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4252]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 4252) to direct the Secretary of the 
Interior to conduct a study of water resources in the Rialto-
Colton Basin in the State of California, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                PURPOSE

    The purpose of H.R. 4252 is to direct the Secretary of the 
Interior to conduct a study of water resources in the Rialto-
Colton Basin in the State of California, and for other 
purposes.

                          BACKGROUND AND NEED

    Perchlorate is both a naturally occurring and man-made 
chemical. Most of the perchlorate manufactured in the United 
States is used as the primary ingredient of solid rocket 
propellant and is also used in the manufacture of pyrotechnics 
and roadside flares. Perchlorate-containing chemicals are 
increasingly being discovered in soil and groundwater. Over the 
last several years the Environmental Protection Agency has been 
studying the impact of perchlorate in water and its impacts on 
both adults and children. Perchlorate is a regulated drinking 
water contaminant in California, with a maximum contaminant 
level of 6 micrograms per liter.
    Perchlorate has been detected in 20 water supply wells at 
concentrations above the California action level of 4 parts per 
billion in the Rialto-Colton Basin. The basin is the source of 
water for thousands of San Bernardino County residents. The 
introduction of perchlorate into the Rialto-Colton Basin can he 
traced to the B.F. Goodrich Site, a 160-acre area in Rialto, 
once used for construction of rockets and fireworks. The other 
source of contamination is the San Bernardino Landfill. In 
September 2008, the Environmental Protection Agency proposed 
adding the B.F. Goodrich Site to the Superfund National 
Priorities List.
    H.R. 4252 proposes a study of the complicated geological 
formation surrounding the contamination in order to understand 
how to best clean up the existing contamination. Before a 
comprehensive cleanup plan can be developed, additional data 
must he collected at source sites and regionally. Although 
information through EPA and other monitoring wells exists, 
information gaps still remain that must be resolved prior to 
finalizing and implementing an effective cleanup plan to 
restore the aquifer.

                          LEGISLATIVE HISTORY

    H.R. 4252, sponsored by Representative Baca, passed the 
House of Representatives by voice vote on March 18, 2010. The 
Subcommittee on Water and Power held a hearing on H.R. 4252 on 
June 9, 2010. At its business meeting on July 21, 2010, the 
Committee on Energy and Natural Resources ordered H.R. 4252 
favorably reported without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 21, 2010, by voice vote of a quorum 
present, recommends that the Senate pass H.R. 4252.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 identifies the short title of the bill as the 
``Inland Empire Perchlorate Ground Water Plume Assessment Act 
or 2010''.
    Section 2 authorizes the Secretary of the Interior, acting 
through the United States Geological Survey, and in 
coordination with the State of California, and other federal 
agencies, to conduct a study of the water resources of the 
Rialto-Colton Basin in the State of California. The study shall 
include a characterization of the extent of perchlorate in the 
area groundwater and an identification of potential source 
areas. At the conclusion of the study, the Secretary of the 
Interior shall report to the Senate Committee on Energy and 
Natural Resources and the House Natural Resources Committee.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 4252--Inland Empire Perchlorate Ground Water Plume Assessment Act 
        of 2010

    H.R. 4252 would direct the U.S. Geological Survey to 
conduct a study of water resources in the Rialto-Colton Basin 
located east of Los Angeles, California. The study would 
identify the location of aquifers in the basin, evaluate the 
impact of perchlorate contamination in the basin, and include 
analysis of other related water issues in the basin. Based on 
information from the U.S. Geological Survey and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 4252 would cost $4 million over the next two 
years.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 4252 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On March 3, 2010, CBO provided a cost estimate for H.R. 
4252 as ordered reported by the House Committee on Natural 
Resources on February 24, 2010. The two versions of the 
legislation and CBO's cost estimates are similar.
    The CEO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 4252.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would he no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 4252, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 4252, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

  Statement for the Record, U.S. Geological Survey, Department of the 
                                Interior

    Madam Chairwoman and members of the Subcommittee, I 
appreciate the opportunity to provide the Department of the 
Interior's views regarding U.S. Geological Survey (USGS) 
scientific capability relevant to the Inland Empire Perchlorate 
Ground Water Plume Assessment Act of 2009 (H.R. 4252).


   usgs science in support of groundwater management and contaminants


    The USGS serves the Nation by providing reliable scientific 
information to describe and understand the Earth; minimize loss 
of life and property from natural disasters; manage water, 
biological, energy, and mineral resources; and enhance and 
protect our quality of life. The specific mission of the USGS 
California Water Science Center is to collect, interpret, and 
provide unbiased and timely scientific information of the 
highest quality for the responsible planning, use, and 
management of California's water resources in cooperation with 
local, State, and other Federal agencies. Scientific issues 
related to the occurrence and movement of groundwater and 
contaminants, such as perchlorate, fall within the scope of the 
USGS mission.


     perchlorate issues in rialto-colton and the ``inland empire''


    The Rialto-Colton Basin is located in western San 
Bernardino County in California, about 60 miles east of Los 
Angeles in the upper Santa Ana River watershed (the Inland 
Empire). The Rialto-Colton Basin is bounded on the northeast by 
the Bunker Hill and Lytle Creek Basins and on the southwest by 
the Chino and North Riverside Basins. Groundwater presently 
constitutes about 79 percent of the drinking-water supply in 
the Inland Empire. Perchlorate has been detected in the main 
water-producing aquifers within the Rialto-Colton and adjacent 
basins and has contaminated water in more than 20 production 
wells that supply the communities within the Rialto-Colton 
Basin and surrounding area.
    Perchlorate (ClO4) has both synthetic and 
natural sources. Synthetic perchlorate is a residual of the 
manufacture and use of rocket propellants, fireworks, flares 
and other pyrotechnic devices. Minor concentrations of natural 
perchlorate has been measured in mined Chilean nitrate 
fertilizers. Perchlorate is extremely soluble and is carried in 
groundwater without retardation or absorption. The two major 
sources of synthetic perchlorate in the area are San Bernardino 
County's Mid-Valley Sanitary Landfill and a 160-acre site near 
the landfill. These two sites were used for storage and 
destruction of perchlorate-containing compounds such as 
explosives, propellants, and pyrotechnic devices. Chilean 
nitrate fertilizer was commonly used in the Basin in the early 
part of the 20th century. In addition, imported water from the 
Colorado River contains measurable perchlorate and also may be 
a source of perchlorate in the Inland Empire. Recent data 
collected by the USGS indicates that low levels of perchlorate 
have accumulated naturally in unsaturated zones in arid and 
semiarid areas of the southwestern United States, such as the 
Mojave Desert, likely as a result of atmospheric deposition.
    Perchlorate contamination is of concern to water managers 
because of the importance of groundwater in this region. Water 
managers need to know the source, fate, and transport of 
perchlorate within the Rialto-Colton Basin and adjacent basins 
in order to effectively mitigate the contamination. Major 
uncertainties facing water managers include: (1) the source(s) 
of perchlorate in specific wells; (2) the hydrologic and 
geologic controls on the migration of perchlorate within the 
Rialto-Colton Basin; (3) the effectiveness of the Rialto-Colton 
Fault as a barrier to perchlorate migration from the Rialto-
Colton basin to the adjacent Chino and North Riverside basins; 
and (4) the potential vertical movement of perchlorate through 
long-screened wells.


                  what is the usgs doing in the area?


    The USGS has a long history of hydrologic work in the 
Rialto-Colton area and adjacent areas in the Inland Empire 
going back as far as the early 1900s. This work has been 
updated periodically and collectively forms the basis of our 
scientific understanding of the regional hydrogeologic setting, 
the movement of water within aquifers pumped for public supply, 
and water-quality issues in the area. The USGS operates an 
extensive groundwater-monitoring network providing the public 
with real-time information on water levels and water quality. 
The USGS has developed predictive models in the Rialto-Colton 
Basin (Woolfenden and Kadhim, 1997; Woolfenden and Koczot, 
2001) and the adjacent Lytle Creek and Bunker Hill groundwater 
basins (Danskin and Freckleton, 1989; Danskin and others, 2006) 
to assist in the management of the water resources in the area. 
These models are based on the current scientific understanding 
of the geology and hydrology in the area, including the areal 
and vertical extent of aquifers, hydraulic properties, recharge 
and discharge of groundwater, and the interaction between 
groundwater and surface water. Most of the USGS research done 
in the Inland Empire has been in cooperation with local water 
management agencies such as the San Bernardino Valley Municipal 
Water District under the auspices of the USGS Cooperative Water 
Program. In the past five years, about 70 percent of the cost 
of these studies has been borne by local agencies.
    In recent years, the USGS has been working with local water 
agencies to help them understand the sources, distribution, and 
migration of perchlorate in the Inland Empire. A recent study 
completed as part of the USGS Groundwater Ambient Monitoring 
and Assessment (GAMA) Program (Belitz and others, 2003) sampled 
99 drinking water wells throughout the Inland Empire and 
identified perchlorate in about 67 percent of the wells at the 
reporting level of 0.5 micrograms per liter ( g/L); about 10 
percent had perchlorate concentrations in excess of the 
California maximum contaminant level of 6  g/L, but no well had 
concentrations in excess of the EPA health reference level 
(Kent and Belitz, 2009). Woolfenden (2008) used a particle-
tracking model to determine the susceptibility of an aquifer to 
perchlorate contamination in the Rialto-Colton Basin. Izbicki 
(2008) collected wellbore flow and depth-dependent water-
quality data from a public supply well near Highland, CA 
located in the northern part of the Inland Empire. Water-
quality and isotopic data indicated that the source of 
perchlorate was Chilean nitrate fertilizer.
    The USGS is participating in a 2-year study funded by the 
Department of Defense Environmental Security Technology 
Certification Program (ESTCP) to apply state-of-the-art 
chemical and multiple-isotope techniques to identify the source 
of perchlorate within the Inland Empire. A total of 25 wells 
will be sampled and analyzed for perchlorate, perchlorate 
isotopes, and other tracers in the Rialto-Colton Basin and 
Chino Basin adjacent to the Rialto-Colton Fault. Data collected 
in this study are intended to help identify the areal and 
vertical extent of perchlorate contamination near the margin 
plumes in areas having high background perchlorate 
concentrations from fertilizer or other sources. An important 
component of this new work is to investigate the impact of 
well-bore flow on the vertical distribution of perchlorate 
within aquifers.


         rialto-colton basin, california water-resources study


    The key issues of concern identified in H.R. 4252 are:
          A. The delineation, either horizontally or 
        vertically, of the aquifers in the Rialto-Colton Basin 
        within the State, including the quantity of water in 
        the aquifers;
          B. the availability of groundwater resources for 
        human use;
          C. the salinity of groundwater resources;
          D. the identification of a recent surge in 
        perchlorate concentrations in groundwater, whether 
        significant sources are being flushed through the 
        vadose zone, or if perchlorate is being remobilized;
          E. the identification of impacts and extents of all 
        source areas that contribute to the regional plume to 
        be fully characterized;
          F. the potential of the groundwater resources to 
        recharge;
          G. the interaction between groundwater and surface 
        water;
          H. the susceptibility of the aquifers to 
        contamination, including identifying the extent of 
        commingling of plume emanating within surrounding areas 
        in San Bernardino County, California; and
          I. characterization of surface and bedrock geology, 
        including the effect of the geology on groundwater 
        yield and quality.
    The USGS has the capability to complete a 2-year study to 
address the issues of concern presented in H.R. 4252 for the 
Rialto-Colton Basin. The tasks required are within the scope of 
the USGS mission and expertise and could be accomplished under 
existing authorities.
    H.R. 4252 focuses on perchlorate issues in the Rialto-
Colton Basin; however, perchlorate is a concern throughout the 
Inland Empire. If requested, the USGS could consider options 
for studying this issue throughout the region.


                               conclusion


    The USGS has the scientific capacity to address issues of 
concern identified in H.R. 4252, a strong working relationship 
with many of the people currently working on groundwater 
quality issues in California's Inland Empire, and a reputation 
for providing unbiased information.
    The problem of groundwater quality affecting drinking water 
supplies is not unique to communities in Rialto-Colton or the 
Inland Empire. Perchlorate is an issue throughout the 
southwestern U.S. Therefore, methods developed to understand 
the perchlorate contamination in the Rialto-Colton could be 
useful to water managers in other basins.
    We note, however, that the activities called for in H.R. 
4252 are already authorized by existing authorities. Any study 
conducted to fulfill the objectives of the bill would need to 
compete for funding with other Administration priorities.
    Thank you, Madam Chairwoman, for the opportunity to present 
the views of the Department on H.R. 4252. I will be happy to 
answer any questions you or the other Members may have.


                               references


    Belitz, Kenneth, Dubrovsky, N.M., Burow, K.R., Jurgens, 
Bryant, and Johnson, Tyler, 2003, Framework for a ground-water 
quality monitoring and assessment program for California: U.S. 
Geological Survey Water Resources Investigations Report 03-
4166.
    Belitz, Kenneth, Hamlin, S.N., Burton, C.A., Kent, R.H., 
Fay, R.G., and Johnson, Tyler, 2004, Water Quality in the Santa 
Ana Basin, California: U.S. Geological Survey Circular 1238.
    Danskin, W.R. and Freckleton, J.R., 1989, Ground-water-flow 
modeling and optimization techniques applied to high-ground-
water problems in San Bernardino, California: U.S. Geological 
Survey Open File Report 89-75.
    Danskin, W.R., McPherson, K.R., and Woolfenden, L.R., 2006, 
Hydrology, description of computer models and evaluation of 
water-management alternatives in the San Bernardino area, 
California: U.S. Geological Survey Open File Report 2005-1278.
    Izbicki, J.A., 2008, Determining the source of 
contamination to long-screened wells: East Valley Water 
District 2008 Water Quality Conference, October 2008.
    Kent, Robert, and Belitz, Kenneth, 2009, Ground-water 
quality data in the Upper Santa Ana Watershed Study Unit, 
November 2006 to March 2007: Results from the California GAMA 
Program: U.S. Geological Survey Data Series 404.
    Woolfenden, L.R., and Kadhim, Dina, 1997, Geohydrology and 
water chemistry in the vicinity of the Rialto-Colton fault, San 
Bernardino County, California: U.S. Geological Survey Water 
Resources Investigations Report 97-4012.
    Woolfenden, L.R., and Koczot, K.M., 2001, Numerical 
simulation of ground-water flow and assessment of the effects 
of artificial recharge in the Rialto-Colton Basin, San 
Bernardino County, California: U.S. Geological Survey Water 
Resources Investigations Report 00-4243.
    Woolfenden, L.R., 2008 Aquifer susceptibility to 
perchlorate contamination in a highly-urbanized environment: 
IAHS Publ 324, pp. 156-163.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 4252, as ordered 
reported.

                                  
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