II 

Calendar No. 1055 

110TH CONGRESS 

2D SESSION S. 150 

[Report No. 110–484] 

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, Mr. LAUTENBERG, Mr. CARDIN, 

and Ms. KLOBUCHAR) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) perchlorate— 

7 (A) is a chemical used as the primary in8 gredient of solid rocket propellant; and 

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

10 and other applications; 

11 (2) waste from the manufacture and improper 

12 disposal of chemicals containing perchlorate is in13 creasingly being discovered in soil and water; 

14 (3) according to the Government Accountability 

15 Office, perchlorate contamination has been detected 

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

17 States, with concentration levels ranging from 4 

18 parts per billion to millions of parts per billion; 

19 (4) the Government Accountability Office has 

20 determined that the Environmental Protection Agen21 cy does not centrally track or monitor perchlorate 

22 detections or the status of perchlorate cleanup, so a 

23 greater number of contaminated sites may already 

24 exist; 

25 (5) according to the Government Accountability 

26 Office, limited Environmental Protection Agency 


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1 data show that perchlorate has been found in 35 

2 States and the District of Columbia and is known to 

3 have contaminated 153 public water systems in 26 

4 States; 

5 (6) those data are likely underestimates of total 

6 drinking water exposure, as illustrated by the find7 ing of the California Department of Health Services 

8 that perchlorate contamination sites have affected 

9 approximately 276 drinking water sources and 77 

10 drinking water systems in the State of California 

11 alone; 

12 (7) Food and Drug Administration scientists 

13 and other scientific researchers have detected per14 chlorate in the United States food supply, including 

15 in lettuce, milk, cucumbers, tomatoes, carrots, canta16 loupe, wheat, and spinach, and in human breast 

17 milk; 

18 (8)(A) perchlorate can harm human health, es19 pecially in pregnant women and children, by inter20 fering with uptake of iodide by the thyroid gland, 

21 which is necessary to produce important hormones 

22 that help control human health and development; 

23 (B) in adults, the thyroid helps to regulate me24 tabolism; 


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

2 proper mental and physical development; and 

3 (D) impairment of thyroid function in expectant 

4 mothers or infants may result in effects including 

5 delayed development and decreased learning capa6 bility; 

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

8 Centers for Disease Control and Prevention pub9 lished the largest, most comprehensive study to date 

10 on the effects of low levels of perchlorate exposure 

11 in women, finding that— 

12 (i) significant changes existed in thyroid 

13 hormones in women with low iodine levels who 

14 were exposed to perchlorate; and 

15 (ii) even low-level perchlorate exposure may 

16 affect the production of hormones by the thy17 roid in iodine-deficient women; and 

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

19 women have iodine levels equivalent to or below the 

20 levels of the women in the study described in sub21 paragraph (A); and 

22 (10) the Environmental Protection Agency has 

23 not established a health advisory or national primary 

24 drinking water regulation for perchlorate, but in25 stead established a ‘‘Drinking Water Equivalent 


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

2 which— 

3 (A) does not take into consideration all 

4 routes of exposure to perchlorate; 

5 (B) has been criticized by experts as fail6 ing to sufficiently consider the body weight, 

7 unique exposure, and vulnerabilities of certain 

8 pregnant women and fetuses, infants, and chil9 dren; and 

10 (C) is based primarily on a small study 

11 and does not take into account new, larger 

12 studies of the Centers for Disease Control and 

13 Prevention or other data indicating potential ef14 fects at lower perchlorate levels than previously 

15 found. 

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

17 (1) to require the Administrator of the Environ18 mental Protection Agency to establish, by not later 

19 than 90 days after the date of enactment of this 

20 Act, a health advisory for perchlorate in drinking 

21 water that fully protects pregnant women, fetuses, 

22 infants, and children, taking into consideration body 

23 weight and exposure patterns and all routes of expo24 sure to perchlorate; and 


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1 (2) to require the Administrator of the Environ2 mental Protection Agency to establish promptly a 

3 national primary drinking water regulation for per4 chlorate that fully protects pregnant women, fetuses, 

5 infants, and children, taking into consideration body 

6 weight and exposure patterns and all routes of expo7 sure to perchlorate. 

8 SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY 

9 DRINKING WATER REGULATION FOR PER10 CHLORATE. 

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

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

13 end the following: 

14 ‘‘(C) PERCHLORATE.— 

15 ‘‘(i) SCHEDULE, HEALTH ADVISORY, 

16 AND STANDARD.—Notwithstanding any 

17 other provision of this section, the Admin18 istrator shall publish a health advisory and 

19 promulgate a national primary drinking 

20 water regulation for perchlorate, in accord21 ance with the schedule and provisions es22 tablished by this subparagraph, that fully 

23 protect, with an adequate margin of safety, 

24 the health of vulnerable persons (including 

25 pregnant women, fetuses, infants, and chilVerDate Aug 31 2005 02:56 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S150.RS S150

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1 dren), taking into consideration body 

2 weight, exposure patterns, and all routes of 

3 exposure. 

4 ‘‘(ii) HEALTH ADVISORY.—Not later 

5 than 90 days after the date of enactment 

6 of this subparagraph, the Administrator 

7 shall publish a health advisory for per8 chlorate in accordance with clause (i). 

9 ‘‘(iii) PROPOSED REGULATIONS.—Not 

10 later than August 1, 2007, the Adminis11 trator shall propose a national primary 

12 drinking water regulation for perchlorate 

13 in accordance with clause (i). 

14 ‘‘(iv) FINAL REGULATIONS.—Not 

15 later than December 31, 2007, after pro16 viding notice and an opportunity for public 

17 comment, the Administrator shall promul18 gate a national primary drinking water 

19 regulation for perchlorate in accordance 

20 with clause (i).’’. 

21 SECTION 1. SHORT TITLE. 

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

23 Women and Children From Perchlorate Act of 2008’’. 

24 SEC. 2. FINDINGS AND PURPOSES. 

25 (a) FINDINGS.—Congress finds that— 


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1 (1) perchlorate— 

2 (A) is a chemical used as the primary in3 gredient of solid rocket propellant; and 

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

5 and other applications; 

6 (2) waste from the manufacture and improper 

7 disposal of chemicals containing perchlorate is in8 creasingly being discovered in soil and water; 

9 (3) according to the Government Accountability 

10 Office, perchlorate contamination has been detected in 

11 water and soil at almost 400 sites in the United 

12 States, with concentration levels ranging from 4 parts 

13 per billion to millions of parts per billion; 

14 (4) the Government Accountability Office has de15 termined that the Environmental Protection Agency 

16 does not centrally track or monitor perchlorate detec17 tions or the status of perchlorate cleanup, so a greater 

18 number of contaminated sites may already exist; 

19 (5) according to the Government Accountability 

20 Office, limited Environmental Protection Agency data 

21 show that perchlorate has been found in 35 States 

22 and the District of Columbia and is known to have 

23 contaminated 153 public water systems in 26 States; 

24 (6) those data are likely underestimates of total 

25 drinking water exposure, as illustrated by the finding 


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1 of the California Department of Health Services that 

2 perchlorate contamination sites have affected approxi3 mately 274 drinking water sources and 82 drinking 

4 water systems in the State of California alone; 

5 (7) Food and Drug Administration scientists 

6 and other scientific researchers have detected per7 chlorate in the United States food supply, including 

8 in lettuce, milk, cucumbers, tomatoes, carrots, canta9 loupe, wheat, and spinach, and in human breast 

10 milk; 

11 (8)(A) perchlorate can harm human health, espe12 cially in pregnant women and children, by inter13 fering with uptake of iodide by the thyroid gland, 

14 which is necessary to produce important hormones 

15 that help control human health and development; 

16 (B) in adults, the thyroid helps to regulate me17 tabolism; 

18 (C) in children, the thyroid helps to ensure prop19 er mental and physical development; and 

20 (D) impairment of thyroid function in expectant 

21 mothers or infants may result in effects including de22 layed development and decreased learning capability; 

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

24 Centers for Disease Control and Prevention published 

25 the largest, most comprehensive study to date on the 


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1 effects of low levels of perchlorate exposure in women, 

2 finding that— 

3 (i) significant changes existed in thyroid 

4 hormones in women with low iodine levels who 

5 were exposed to perchlorate; and 

6 (ii) even low-level perchlorate exposure may 

7 affect the production of hormones by the thyroid 

8 in iodine-deficient women; and 

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

10 women have iodine levels equivalent to or below the 

11 levels of the women in the study described in subpara12 graph (A); and 

13 (10) the Environmental Protection Agency has 

14 not established a health advisory or national primary 

15 drinking water regulation for perchlorate, but instead 

16 established a ‘‘Drinking Water Equivalent Level’’ of 

17 24.5 parts per billion for perchlorate, which— 

18 (A) does not take into consideration all 

19 routes of exposure to perchlorate; 

20 (B) has been criticized by experts as failing 

21 to sufficiently consider the body weight, unique 

22 exposure, and vulnerabilities of certain pregnant 

23 women and fetuses, infants, and children; and 

24 (C) is based primarily on a small study 

25 and does not take into account new, larger studVerDate Aug 31 2005 02:56 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S150.RS S150

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1 ies of the Centers for Disease Control and Pre2 vention or other data indicating potential effects 

3 at lower perchlorate levels than previously found. 

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

5 (1) to require the Administrator of the Environ6 mental Protection Agency to establish, by not later 

7 than 90 days after the date of enactment of this Act, 

8 a health advisory for perchlorate in drinking water 

9 that— 

10 (A) is fully protective of, and considers, the 

11 body weight and exposure patterns of pregnant 

12 women, infants, and children; 

13 (B) provides an adequate margin of safety; 

14 and 

15 (C) takes into account all routes of exposure 

16 to perchlorate; 

17 (2) to require the Administrator of the Environ18 mental Protection Agency to establish not later than 

19 18 months after the date of enactment of this Act a 

20 national primary drinking water regulation for per21 chlorate that fully protects pregnant women, infants, 

22 and children, taking into consideration body weight, 

23 exposure patterns, and all routes of exposure to per24 chlorate. 


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1 SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINK2 ING WATER REGULATION FOR PERCHLORATE. 

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

4 (42 U.S.C. 300g–1(b)(12)) is amended by adding at the end 

5 the following: 

6 ‘‘(C) PERCHLORATE.— 

7 ‘‘(i) HEALTH ADVISORY.—Notwith8 standing any other provision of this section, 

9 not later than 90 days after the date of en10 actment of this subparagraph, the Adminis11 trator shall publish a health advisory for 

12 perchlorate that is fully protective, with an 

13 adequate margin of safety, of the health of 

14 vulnerable persons (including pregnant 

15 women, infants, and children), taking into 

16 consideration body weight, exposure pat17 terns, and all routes of exposure. 

18 ‘‘(ii) PROPOSED REGULATIONS.—Not19 withstanding any other provision of this 

20 section, the Administrator shall propose 

21 (within 9 months of the date of enactment 

22 of this subparagraph) and shall finalize 

23 (within 18 months of the date of enactment) 

24 a national primary drinking water regula25 tion for perchlorate— 


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1 ‘‘(I) that based on the factors in 

2 clause (i) and other relevant data, is 

3 protective, with an adequate margin of 

4 safety, of vulnerable persons (including 

5 pregnant women, infants, and chil6 dren); and 

7 ‘‘(II) the maximum contaminant 

8 level of which is as close to the max9 imum contaminant level goal for per10 chlorate, and as protective of vulner11 able persons, as is feasible.’’. 


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Calendar No. 1055 

110TH CONGRESS 

2D SESSION S. 150 

[Report No. 110–484] 

A BILL 

To amend the Safe Drinking Water Act to protect 

drinking water standard for perchlorate. and children by requiring a health advisory and the health of pregnant women, fetuses, infants, 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


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