II 

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. 

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. 

4 This Act may be cited as the ‘‘Protecting Pregnant 

5 Women and Children From Perchlorate Act of 2007’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) perchlorate— 


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1 (A) is a chemical used as the primary in2 gredient of solid rocket propellant; and 

3 (B) is also used in fireworks, road flares, 

4 and other applications; 

5 (2) waste from the manufacture and improper 

6 disposal of chemicals containing perchlorate is in7 creasingly being discovered in soil and water; 

8 (3) according to the Government Accountability 

9 Office, perchlorate contamination has been detected 

10 in water and soil at almost 400 sites in the United 

11 States, with concentration levels ranging from 4 

12 parts per billion to millions of parts per billion; 

13 (4) the Government Accountability Office has 

14 determined that the Environmental Protection Agen15 cy does not centrally track or monitor perchlorate 

16 detections or the status of perchlorate cleanup, so a 

17 greater number of contaminated sites may already 

18 exist; 

19 (5) according to the Government Accountability 

20 Office, limited Environmental Protection Agency 

21 data show that perchlorate has been found in 35 

22 States and the District of Columbia and is known to 

23 have contaminated 153 public water systems in 26 

24 States; 


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1 (6) those data are likely underestimates of total 

2 drinking water exposure, as illustrated by the find3 ing of the California Department of Health Services 

4 that perchlorate contamination sites have affected 

5 approximately 276 drinking water sources and 77 

6 drinking water systems in the State of California 

7 alone; 

8 (7) Food and Drug Administration scientists 

9 and other scientific researchers have detected per10 chlorate in the United States food supply, including 

11 in lettuce, milk, cucumbers, tomatoes, carrots, canta12 loupe, wheat, and spinach, and in human breast 

13 milk; 

14 (8)(A) perchlorate can harm human health, es15 pecially in pregnant women and children, by inter16 fering with uptake of iodide by the thyroid gland, 

17 which is necessary to produce important hormones 

18 that help control human health and development; 

19 (B) in adults, the thyroid helps to regulate me20 tabolism; 

21 (C) in children, the thyroid helps to ensure 

22 proper mental and physical development; and 

23 (D) impairment of thyroid function in expectant 

24 mothers or infants may result in effects including 


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1 delayed development and decreased learning capa2 bility; 

3 (9)(A) in October 2006, researchers from the 

4 Centers for Disease Control and Prevention pub5 lished the largest, most comprehensive study to date 

6 on the effects of low levels of perchlorate exposure 

7 in women, finding that— 

8 (i) significant changes existed in thyroid 

9 hormones in women with low iodine levels who 

10 were exposed to perchlorate; and 

11 (ii) even low-level perchlorate exposure may 

12 affect the production of hormones by the thy13 roid in iodine-deficient women; and 

14 (B) in the United States, about 36 percent of 

15 women have iodine levels equivalent to or below the 

16 levels of the women in the study described in sub17 paragraph (A); and 

18 (10) the Environmental Protection Agency has 

19 not established a health advisory or national primary 

20 drinking water regulation for perchlorate, but in21 stead established a ‘‘Drinking Water Equivalent 

22 Level’’ of 24.5 parts per billion for perchlorate, 

23 which— 

24 (A) does not take into consideration all 

25 routes of exposure to perchlorate; 


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1 (B) has been criticized by experts as fail2 ing to sufficiently consider the body weight, 

3 unique exposure, and vulnerabilities of certain 

4 pregnant women and fetuses, infants, and chil5 dren; and 

6 (C) is based primarily on a small study 

7 and does not take into account new, larger 

8 studies of the Centers for Disease Control and 

9 Prevention or other data indicating potential ef10 fects at lower perchlorate levels than previously 

11 found. 

12 (b) PURPOSES.—The purposes of this Act are— 

13 (1) to require the Administrator of the Environ14 mental Protection Agency to establish, by not later 

15 than 90 days after the date of enactment of this 

16 Act, a health advisory for perchlorate in drinking 

17 water that fully protects pregnant women, fetuses, 

18 infants, and children, taking into consideration body 

19 weight and exposure patterns and all routes of expo20 sure to perchlorate; and 

21 (2) to require the Administrator of the Environ22 mental Protection Agency to establish promptly a 

23 national primary drinking water regulation for per24 chlorate that fully protects pregnant women, fetuses, 

25 infants, and children, taking into consideration body 


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1 weight and exposure patterns and all routes of expo2 sure to perchlorate. 

3 SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY 

4 DRINKING WATER REGULATION FOR PER5 CHLORATE. 

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

7 (42 U.S.C. 300g–1(b)(12)) is amended by adding at the 

8 end the following: 

9 ‘‘(C) PERCHLORATE.— 

10 ‘‘(i) SCHEDULE, HEALTH ADVISORY, 

11 AND STANDARD.—Notwithstanding any 

12 other provision of this section, the Admin13 istrator shall publish a health advisory and 

14 promulgate a national primary drinking 

15 water regulation for perchlorate, in accord16 ance with the schedule and provisions es17 tablished by this subparagraph, that fully 

18 protect, with an adequate margin of safety, 

19 the health of vulnerable persons (including 

20 pregnant women, fetuses, infants, and chil21 dren), taking into consideration body 

22 weight, exposure patterns, and all routes of 

23 exposure. 

24 ‘‘(ii) HEALTH ADVISORY.—Not later 

25 than 90 days after the date of enactment 


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1 of this subparagraph, the Administrator 

2 shall publish a health advisory for per3 chlorate in accordance with clause (i). 

4 ‘‘(iii) PROPOSED REGULATIONS.—Not 

5 later than August 1, 2007, the Adminis6 trator shall propose a national primary 

7 drinking water regulation for perchlorate 

8 in accordance with clause (i). 

9 ‘‘(iv) FINAL REGULATIONS.—Not 

10 later than December 31, 2007, after pro11 viding notice and an opportunity for public 

12 comment, the Administrator shall promul13 gate a national primary drinking water 

14 regulation for perchlorate in accordance 

15 with clause (i).’’. 

Æ 


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