I 

110TH CONGRESS 

2D SESSION H. R. 5527 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2008 

Mr. HINCHEY (for himself, Mr. HALL of New York, Mr. SESTAK, and Mrs. 

GILLIBRAND) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Toxic Chemical Exposure Reduction Act of 2008’’ or the 

6 ‘‘TCE Reduction Act of 2008’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

TITLE I—HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING 

WATER REGULATION FOR TRICHLOROETHYLENE 

Sec. 101. Health advisory and national primary drinking water regulation for 

trichloroethylene. 

TITLE II—REDUCING DANGEROUS VAPOR INTRUSION FROM 

CONTAMINATED GROUNDWATER AND SOILS 

Sec. 201. Health advisory and reference concentration for trichloroethylene. 

3 SEC. 2. FINDINGS AND PURPOSE. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) trichloroethylene is a metal degreaser and 

6 an ingredient in adhesives and paint removers; 

7 (2)(A) waste from the use and improper dis8 posal of chemicals containing trichloroethylene is 

9 widespread in soil and water; 

10 (B) more than 1,000 waste sites in the United 

11 States are contaminated with trichloroethylene; 

12 (C) it is well documented that individuals in 

13 many communities are exposed to trichloroethylene 

14 and experience associated health risks; 

15 (D) certain human subpopulations might be at 

16 increased risk to trichloroethylene exposure because 

17 of age, genetic polymorphisms, or preexisting dis18 eases; and 

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1 (E) in utero exposure to trichloroethylene has 

2 been associated with birth defects and childhood dis3 eases, including cancer; 

4 (3) according to the report of the National 

5 Academy of Sciences entitled ‘‘Assessing the Human 

6 Health Risks of Trichloroethylene: Key Scientific 

7 Issues’’— 

8 (A) acute exposures to trichloroethylene oc9 curring as a result of occupational industrial 

10 accidents are associated with nerve damage and 

11 residual neurological deficits, including memory 

12 loss; 

13 (B) high-concentration exposure to air con14 taminated with trichloroethylene— 

15 (i) causes nervous system damage; 

16 (ii) has been associated with general17 ized skin eruptions and other more severe 

18 skin and mucus membrane conditions, such 

19 as Stevens-Johnson syndrome; and 

20 (iii) can cause liver dysfunction, lead21 ing to jaundice, hepatomegaly, and hepatic 

22 encephalopathy; 

23 (C) trichloroethylene in drinking water can 

24 alter the therapeutic action of medications, in25 cluding anticoagulants and barbiturates; 

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1 (D) evidence regarding carcinogenic risk 

2 and other health hazards from exposure to tri3 chloroethylene has strengthened since 2001, 

4 and there is strong evidence that exposure to 

5 trichloroethylene in a dose-dependent manner is 

6 associated in humans with increased rates of— 

7 (i) kidney cancer; and 

8 (ii) leukemia; 

9 (E) exposure to mixtures of volatile or10 ganic compound contaminants in groundwater, 

11 in combination with trichloroethylene, can accel12 erate tumor growth in humans; and 

13 (F) evidence from animal-related and epi14 demiological studies suggests that several repro15 ductive and developmental toxicity end-points 

16 may be associated with trichloroethylene expo17 sure, including— 

18 (i) infertility in males and females; 

19 (ii) impaired intrauterine growth and 

20 development; and 

21 (iii) cardiac teratogenesis; 

22 (4) the report referred to in paragraph (3) rec23 ommended the use of currently available data to fi24 nalize a risk assessment to ensure that risk manage25 ment decisions can be made expeditiously; 

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1 (5)(A) exposures to volatile organic compound 

2 vapors from migration to indoor air have become a 

3 concern at sites throughout the United States, in4 cluding many Superfund sites under the Comprehen5 sive Environmental Response, Compensation, and 

6 Liability Act of 1980 (42 U.S.C. 9601 et seq.); 

7 (B) potential routes of exposure to trichloro8 ethylene exist with respect to susceptible popu9 lations, even at sites at which no current drinking 

10 water pathways of exposure are known to exist; and 

11 (C) in September 2002, the Office of Solid 

12 Waste and Emergency Response of the Environ13 mental Protection Agency released an external re14 view draft entitled ‘‘Evaluating the Vapor Intrusion 

15 to Indoor Air Pathway from Groundwater and Soils’’ 

16 that focuses specifically on those exposures; 

17 (6)(A) in 2006, the United States Geological 

18 Survey published a report entitled ‘‘Volatile Organic 

19 Compounds in the Nation’s Ground Water and 

20 Drinking-Water Supply Wells’’; 

21 (B) as of the date of enactment of this Act, the 

22 long-term investigation by the national water-quality 

23 assessment program of the United States Geological 

24 Survey provides the most comprehensive national 

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1 pounds in ground water, based on results of sam2 pling between 1985 and 2002; and 

3 (C) among the major findings developed under 

4 the program described in subparagraph (B) are— 

5 (i) that volatile organic compounds were 

6 detected in most aquifers throughout the 

7 United States and were not limited to few spe8 cific aquifers or regions; 

9 (ii) the most frequently detected volatile 

10 organic compounds are chloroform, the solvents 

11 perchloroethylene and trichloroethylene, and the 

12 gasoline oxygenate methyl tertiary butyl ether; 

13 (iii) 5 of the 29 regulated volatile organic 

14 compounds had 1 or more concentrations great15 er than applicable maximum contaminant levels 

16 that generally occurred in highly populated 

17 areas of the United States, including 1,1-DCE, 

18 methylene chloride, perchloroethylene, trichloro19 ethylene, and vinyl chloride; 

20 (iv) the solvents perchloroethylene and trichloroethylene comprised approximately 3 21 ⁄4 of 

22 the concentrations of potential concern; 

23 (v) trichloroethylene was detected at levels 

24 ranging from 0.002 to over 110 micrograms per 

25 liter; and 

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1 (vi) as of the date of enactment of this 

2 Act, the maximum contaminant level for tri3 chloroethylene is 5 micrograms per liter; and 

4 (7) the document of the Environmental Protec5 tion Agency entitled ‘‘Draft Trichloroethylene 

6 Health Risk Assessment: Synthesis and Character7 ization’’ and dated 2001— 

8 (A) stated that the Agency for Toxic Sub9 stances and Disease Registry— 

10 (i) reports that trichloroethylene is the 

11 most frequently reported organic contami12 nant in groundwater; and 

13 (ii) has estimated that between 9 and 

14 34 percent of drinking water supply 

15 sources have some trichloroethylene con16 tamination; and 

17 (B) recommended extrapolation to lower 

18 doses for oral exposure of trichloroethylene in 

19 drinking water, resulting in a maximum con20 taminant level of 1 microgram per liter. 

21 (b) PURPOSE.—The purpose of this Act is to require 

22 the Administrator of the Environmental Protection Agen23 cy— 

24 (1) to establish, by not later than 180 days 

25 after the date of enactment of this Act— 

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1 (A) a health advisory, including cancer 

2 risks, for trichloroethylene in drinking water 

3 that fully protects susceptible populations (in4 cluding pregnant women, infants, and children), 

5 taking into consideration body weight, exposure 

6 patterns, and all routes of exposure to trichloro7 ethylene; and 

8 (B) an integrated risk information system 

9 reference concentration of trichloroethylene that 

10 is protective of the susceptible populations iden11 tified in subparagraph (A) from vapor intru12 sion, taking into consideration the factors de13 scribed in that subparagraph; and 

14 (2) to promptly establish a national primary 

15 drinking water regulation for trichloroethylene that 

16 fully protects susceptible populations (including 

17 pregnant women, infants, and children), taking into 

18 consideration body weight, exposure patterns, and all 

19 routes of exposure to trichloroethylene. 

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1 TITLE I—HEALTH ADVISORY 

2 AND NATIONAL PRIMARY 

3 DRINKING WATER REGULA4 TION FOR TRICHLORO5 ETHYLENE 

6 SEC. 101. HEALTH ADVISORY AND NATIONAL PRIMARY 

7 DRINKING WATER REGULATION FOR TRI8 CHLOROETHYLENE. 

9 Section 1412(b)(12) of the Safe Drinking Water Act 

10 (42 U.S.C. 300g–1(b)(12)) is amended by adding at the 

11 end the following: 

12 ‘‘(C) TRICHLOROETHYLENE.— 

13 ‘‘(i) HEALTH ADVISORY.—Notwith14 standing any other provision of this sec15 tion, not later than 180 days after the date 

16 of enactment of this subparagraph, the Ad17 ministrator shall publish a health advisory, 

18 including cancer risks, for trichloroethylene 

19 that fully protects, with an adequate mar20 gin of safety, the health of susceptible pop21 ulations (including pregnant women, in22 fants, and children), taking into consider23 ation body weight, exposure patterns, and 

24 all routes of exposure. 

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1 ‘‘(ii) NATIONAL PRIMARY DRINKING

2 WATER REGULATION.— 

3 ‘‘(I) PROPOSED REGULATION.— 

4 Notwithstanding any other provision 

5 of this section, not later than 1 year 

6 after the date of enactment of this 

7 subparagraph, the Administrator shall 

8 propose a national primary drinking 

9 water regulation for trichloro10 ethylene— 

11 ‘‘(aa) that is protective of 

12 susceptible populations (including 

13 pregnant women, infants, and 

14 children); and 

15 ‘‘(bb) the maximum con16 taminant level of which is as 

17 close to the maximum contami18 nant level goal for trichloro19 ethylene, and as protective of 

20 those susceptible populations, as 

21 is feasible. 

22 ‘‘(II) FINAL REGULATION.—Not23 withstanding any other provision of 

24 this section, not later than 18 months 

25 after the date of enactment of this 

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1 subparagraph, after providing notice 

2 and an opportunity for public com3 ment, the Administrator shall promul4 gate a final national primary drinking 

5 water regulation (including a provi6 sion for monitoring under subclause 

7 (III)) for trichloroethylene that is con8 sistent with subclause (I). 

9 ‘‘(III) MONITORING REQUIRE10 MENTS.— 

11 ‘‘(aa) DEFINITION OF

12 QUALIFYING SYSTEM.—In this 

13 subclause, the term ‘qualifying 

14 system’ means a public water 

15 system that has been granted a 

16 monitoring waiver under section 

17 141.24 of volume 40, Code of 

18 Federal Regulations (or successor 

19 regulations). 

20 ‘‘(bb) REQUIREMENTS.— 

21 The regulation under subclause 

22 (II) shall include a provision re23 lating to monitoring that re24 quires— 

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1 ‘‘(AA) that the Admin2 istrator shall revise moni3 toring requirements for all 

4 systems to ensure detection 

5 of potential trichloroethylene 

6 contamination and full com7 pliance with the revised na8 tional primary drinking 

9 water regulation; 

10 ‘‘(BB) for each quali11 fying system located in the 

12 vicinity of a subsurface mi13 gration of a known volatile 

14 organic compound contami15 nation site, that the State 

16 with primary enforcement 

17 responsibility shall review 

18 and submit the waiver of the 

19 qualifying system for review 

20 by the Administrator; and 

21 ‘‘(CC) each qualifying 

22 system potentially located in 

23 the path of subsurface mi24 gration of a known volatile 

25 organic compound be subject 

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1 to minimum regular moni2 toring for trichloroethylene, 

3 as the Administrator and 

4 primary State officials deter5 mine to be appropriate. 

6 ‘‘(iii) CONSUMER CONFIDENCE RE7 PORTS.— 

8 ‘‘(I) IN GENERAL.—Subject to 

9 subclause (II), simultaneously with 

10 the promulgation of the final regula11 tion under clause (ii)(II), each con12 sumer confidence report issued under 

13 section 1414(c)(4) shall disclose the 

14 presence of any trichloroethylene in 

15 drinking water, and the potential 

16 health and cancer risks to susceptible 

17 populations (including pregnant 

18 women, infants, and children) from 

19 exposure to trichloroethylene in drink20 ing water, consistent with regulations 

21 promulgated by the Administrator. 

22 ‘‘(II) EXCEPTION.—Notwith23 standing subclause (I), trichloro24 ethylene shall not be considered to be 

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1 scribed in the matter following clause 

2 (vi) of section 1414(c)(4)(B).’’. 

3 TITLE II—REDUCING DAN4 GEROUS VAPOR INTRUSION 

5 FROM CONTAMINATED 

6 GROUNDWATER AND SOILS 

7 SEC. 201. HEALTH ADVISORY AND REFERENCE CON8 CENTRATION FOR TRICHLOROETHYLENE. 

9 (a) HEALTH ADVISORY.—Not later than 1 year after 

10 the date of enactment of this Act, the Administrator of 

11 the Environmental Protection Agency (referred to in this 

12 section as the ‘‘Administrator’’) shall publish a health ad13 visory (including cancer risks) for trichloroethylene that 

14 fully protects from vapor intrusion, with an adequate mar15 gin of safety, the health of susceptible populations (includ16 ing pregnant women, infants, and children), taking into 

17 consideration body weight, exposure patterns, and all 

18 routes of exposure. 

19 (b) ESTABLISHMENT AND APPLICATION OF REF20 ERENCE CONCENTRATION.— 

21 (1) ESTABLISHMENT OF REFERENCE CON22 CENTRATION.—Not later than 18 months after the 

23 date of enactment of this Act, the Administrator 

24 shall establish an integrated risk information system 

25 reference concentration of trichloroethylene vapor 

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1 that is protective of susceptible populations (includ2 ing pregnant women, infants, and children), con3 sistent with the health advisory described in sub4 section (a). 

5 (2) REMEDIAL ACTION.—Not later than 2 years 

6 after the date of enactment of this Act, the Adminis7 trator shall apply the reference concentration estab8 lished under paragraph (1) with respect to any po9 tential vapor intrusion-related investigations or ac10 tions to protect public health with respect to tri11 chloroethylene exposure carried out pursuant to the 

12 Comprehensive Environmental Response, Compensa13 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

14 seq.), the Safe Drinking Water Act (42 U.S.C. 300f 

15 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 

16 6901 et seq.). 

Æ 

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