69–010 

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 


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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 

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age and residual neurological deficits, including memory loss; highconcentration 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 


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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 


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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 


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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 informaVerDate Aug 31 2005 02:41 Sep 29, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR486.XXX SR486

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tion 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. 


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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. 


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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 øblack 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 


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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 trichloroethylene 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 


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(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 trichloroethylene, 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). 

* * * * * * * 

Æ 


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