[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).
* * * * * * *