110th CONGRESS
1st Session
S. 150
To amend the Safe Drinking Water Act to protect the health of pregnant
women, fetuses, infants, and children by requiring a health advisory and
drinking water standard for perchlorate.
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mrs. BOXER (for herself, Mrs. FEINSTEIN, and Mr. LAUTENBERG) introduced
the following bill; which was read twice and referred to the Committee on
Environment and Public Works
A BILL
To amend the Safe Drinking Water Act to protect the health of pregnant
women, fetuses, infants, and children by requiring a health advisory and
drinking water standard for perchlorate.
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 `Protecting Pregnant Women and Children From
Perchlorate Act of 2007'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(A) is a chemical used as the primary ingredient of solid rocket propellant;
and
(B) is also used in fireworks, road flares, and other applications;
(2) waste from the manufacture and improper disposal of chemicals containing
perchlorate is increasingly being discovered in soil and water;
(3) according to the Government Accountability Office, perchlorate contamination
has been detected in water and soil at almost 400 sites in the United
States, with concentration levels ranging from 4 parts per billion to
millions of parts per billion;
(4) the Government Accountability Office has determined that the Environmental
Protection Agency does not centrally track or monitor perchlorate detections
or the status of perchlorate cleanup, so a greater number of contaminated
sites may already exist;
(5) according to the Government Accountability Office, limited Environmental
Protection Agency data show that perchlorate has been found in 35 States
and the District of Columbia and is known to have contaminated 153 public
water systems in 26 States;
(6) those data are likely underestimates of total drinking water exposure,
as illustrated by the finding of the California Department of Health Services
that perchlorate contamination sites have affected approximately 276 drinking
water sources and 77 drinking water systems in the State of California
alone;
(7) Food and Drug Administration scientists and other scientific researchers
have detected perchlorate in the United States food supply, including
in lettuce, milk, cucumbers, tomatoes, carrots, cantaloupe, wheat, and
spinach, and in human breast milk;
(8)(A) perchlorate can harm human health, especially in pregnant women
and children, by interfering with uptake of iodide by the thyroid gland,
which is necessary to produce important hormones that help control human
health and development;
(B) in adults, the thyroid helps to regulate metabolism;
(C) in children, the thyroid helps to ensure proper mental and physical
development; and
(D) impairment of thyroid function in expectant mothers or infants may
result in effects including delayed development and decreased learning
capability;
(9)(A) in October 2006, researchers from the Centers for Disease Control
and Prevention published the largest, most comprehensive study to date
on the effects of low levels of perchlorate exposure in women, finding
that--
(i) significant changes existed in thyroid hormones in women with low
iodine levels who were exposed to perchlorate; and
(ii) even low-level perchlorate exposure may affect the production of
hormones by the thyroid in iodine-deficient women; and
(B) in the United States, about 36 percent of women have iodine levels
equivalent to or below the levels of the women in the study described
in subparagraph (A); and
(10) the Environmental Protection Agency has not established a health
advisory or national primary drinking water regulation for perchlorate,
but instead established a `Drinking Water Equivalent Level' of 24.5 parts
per billion for perchlorate, which--
(A) does not take into consideration all routes of exposure to perchlorate;
(B) has been criticized by experts as failing to sufficiently consider
the body weight, unique exposure, and vulnerabilities of certain pregnant
women and fetuses, infants, and children; and
(C) is based primarily on a small study and does not take into account
new, larger studies of the Centers for Disease Control and Prevention
or other data indicating potential effects at lower perchlorate levels
than previously found.
(b) Purposes- The purposes of this Act are--
(1) to require the Administrator of the Environmental Protection Agency
to establish, by not later than 90 days after the date of enactment of
this Act, a health advisory for perchlorate in drinking water that fully
protects pregnant women, fetuses, infants, and children, taking into consideration
body weight and exposure patterns and all routes of exposure to perchlorate;
and
(2) to require the Administrator of the Environmental Protection Agency
to establish promptly a national primary drinking water regulation for
perchlorate that fully protects pregnant women, fetuses, infants, and
children, taking into consideration body weight and exposure patterns
and all routes of exposure to perchlorate.
SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION
FOR PERCHLORATE.
Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(12))
is amended by adding at the end the following:
`(i) SCHEDULE, HEALTH ADVISORY, AND STANDARD- Notwithstanding any
other provision of this section, the Administrator shall publish a
health advisory and promulgate a national primary drinking water regulation
for perchlorate, in accordance with the schedule and provisions established
by this subparagraph, that fully protect, with an adequate margin
of safety, the health of vulnerable persons (including pregnant women,
fetuses, infants, and children), taking into consideration body weight,
exposure patterns, and all routes of exposure.
`(ii) HEALTH ADVISORY- Not later than 90 days after the date of enactment
of this subparagraph, the Administrator shall publish a health advisory
for perchlorate in accordance with clause (i).
`(iii) PROPOSED REGULATIONS- Not later than August 1, 2007, the Administrator
shall propose a national primary drinking water regulation for perchlorate
in accordance with clause (i).
`(iv) FINAL REGULATIONS- Not later than December 31, 2007, after providing
notice and an opportunity for public comment, the Administrator shall
promulgate a national primary drinking water regulation for perchlorate
in accordance with clause (i).'.
END
