II 

110TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Mrs. CLINTON (for herself, Mrs. DOLE, Mrs. BOXER, Mr. LAUTENBERG, and 

Mr. KERRY) 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 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 2007’’ or the 

6 ‘‘TCE Reduction Act of 2007’’. 


cnoel on PRODPC75 with BILLS
2 

•S 1911 IS

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 


cnoel on PRODPC75 with BILLS
3 

•S 1911 IS

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; 


cnoel on PRODPC75 with BILLS
4 

•S 1911 IS

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; 


cnoel on PRODPC75 with BILLS
5 

•S 1911 IS

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 

25 analysis of the occurrence of volatile organic comVerDate Aug 31 2005 03:05 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

cnoel on PRODPC75 with BILLS
6 

•S 1911 IS

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 


cnoel on PRODPC75 with BILLS
7 

•S 1911 IS

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— 


cnoel on PRODPC75 with BILLS
8 

•S 1911 IS

1 (A) a health advisory for trichloroethylene 

2 in drinking water that fully protects susceptible 

3 populations (including pregnant women, in4 fants, and children), taking into consideration 

5 body weight, exposure patterns, and all routes 

6 of exposure to trichloroethylene; and 

7 (B) an integrated risk information system 

8 reference concentration of trichloroethylene that 

9 is protective of the susceptible populations iden10 tified in subparagraph (A) from vapor intru11 sion, taking into consideration the factors de12 scribed in that subparagraph; and 

13 (2) to promptly establish a national primary 

14 drinking water regulation for trichloroethylene that 

15 fully protects susceptible populations (including 

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

17 consideration body weight, exposure patterns, and all 

18 routes of exposure to trichloroethylene. 


cnoel on PRODPC75 with BILLS
9 

•S 1911 IS

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 for trichloroethylene that fully protects, 

19 with an adequate margin of safety, the 

20 health of susceptible populations (including 

21 pregnant women, infants, and children), 

22 taking into consideration body weight, ex23 posure patterns, and all routes of exposure. 

24 ‘‘(ii) NATIONAL PRIMARY DRINKING

25 WATER REGULATION.— 


cnoel on PRODPC75 with BILLS
10 

•S 1911 IS

1 ‘‘(I) PROPOSED REGULATION.— 

2 Notwithstanding any other provision 

3 of this section, not later than 1 year 

4 after the date of enactment of this 

5 subparagraph, the Administrator shall 

6 propose a national primary drinking 

7 water regulation for trichloro8 ethylene— 

9 ‘‘(aa) that is protective of 

10 susceptible populations (including 

11 pregnant women, infants, and 

12 children); and 

13 ‘‘(bb) the maximum con14 taminant level of which is as 

15 close to the maximum contami16 nant level goal for trichloro17 ethylene, and as protective of 

18 those susceptible populations, as 

19 is feasible. 

20 ‘‘(II) FINAL REGULATION.—Not21 withstanding any other provision of 

22 this section, not later than 18 months 

23 after the date of enactment of this 

24 subparagraph, after providing notice 

25 and an opportunity for public comVerDate Aug 31 2005 03:05 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

cnoel on PRODPC75 with BILLS
11 

•S 1911 IS

1 ment, the Administrator shall promul2 gate a final national primary drinking 

3 water regulation (including a provi4 sion for monitoring under subclause 

5 (III)) for trichloroethylene that is con6 sistent with subclause (I). 

7 ‘‘(III) MONITORING REQUIRE8 MENTS.— 

9 ‘‘(aa) DEFINITION OF

10 QUALIFYING SYSTEM.—In this 

11 subclause, the term ‘qualifying 

12 system’ means a public water 

13 system that has been granted a 

14 monitoring waiver under section 

15 141.24 of volume 40, Code of 

16 Federal Regulations (or successor 

17 regulations). 

18 ‘‘(bb) REQUIREMENTS.— 

19 The regulation under subclause 

20 (II) shall include a provision re21 lating to monitoring that re22 quires— 

23 ‘‘(AA) that the Admin24 istrator shall revise moni25 toring requirements for all 


cnoel on PRODPC75 with BILLS
12 

•S 1911 IS

1 systems to ensure detection 

2 of potential trichloroethylene 

3 contamination and full com4 pliance with the revised na5 tional primary drinking 

6 water regulation; 

7 ‘‘(BB) for each quali8 fying system located in the 

9 vicinity of a subsurface mi10 gration of a known volatile 

11 organic compound contami12 nation site, that the State 

13 with primary enforcement 

14 responsibility shall review 

15 and submit the waiver of the 

16 qualifying system for review 

17 by the Administrator; and 

18 ‘‘(CC) each qualifying 

19 system potentially located in 

20 the path of subsurface mi21 gration of a known volatile 

22 organic compound be subject 

23 to minimum regular moni24 toring for trichloroethylene, 

25 as the Administrator and 


cnoel on PRODPC75 with BILLS
13 

•S 1911 IS

1 primary State officials deter2 mine to be appropriate. 

3 ‘‘(iii) CONSUMER CONFIDENCE RE4 PORTS.— 

5 ‘‘(I) IN GENERAL.—Subject to 

6 subclause (II), simultaneously with 

7 the promulgation of the final regula8 tion under clause (ii)(II), each con9 sumer confidence report issued under 

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

11 presence of any trichloroethylene in 

12 drinking water, and the potential 

13 health risks to susceptible populations 

14 (including pregnant women, infants, 

15 and children) from exposure to tri16 chloroethylene in drinking water, con17 sistent with regulations promulgated 

18 by the Administrator. 

19 ‘‘(II) EXCEPTION.—Notwith20 standing subclause (I), trichloro21 ethylene shall not be considered to be 

22 1 of the 3 regulated contaminants de23 scribed in the matter following clause 

24 (vi) of section 1414(c)(4)(B).’’. 


cnoel on PRODPC75 with BILLS
14 

•S 1911 IS

1 TITLE II—REDUCING DAN2 GEROUS VAPOR INTRUSION 

3 FROM CONTAMINATED 

4 GROUNDWATER AND SOILS 

5 SEC. 201. HEALTH ADVISORY AND REFERENCE CON6 CENTRATION FOR TRICHLOROETHYLENE. 

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

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

9 the Environmental Protection Agency (referred to in this 

10 section as the ‘‘Administrator’’) shall publish a health ad11 visory for trichloroethylene that fully protects from vapor 

12 intrusion, with an adequate margin of safety, the health 

13 of susceptible populations (including pregnant women, in14 fants, and children), taking into consideration body 

15 weight, exposure patterns, and all routes of exposure. 

16 (b) ESTABLISHMENT AND APPLICATION OF REF17 ERENCE CONCENTRATION.— 

18 (1) ESTABLISHMENT OF REFERENCE CON19 CENTRATION.—Not later than 18 months after the 

20 date of enactment of this Act, the Administrator 

21 shall establish an integrated risk information system 

22 reference concentration of trichloroethylene vapor 

23 that is protective of susceptible populations (includ24 ing pregnant women, infants, and children), conVerDate Aug 31 2005 03:05 Aug 03, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1911.IS S1911

cnoel on PRODPC75 with BILLS
15 

•S 1911 IS

1 sistent with the health advisory described in sub2 section (a). 

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

4 after the date of enactment of this Act, the Adminis5 trator shall apply the reference concentration estab6 lished under paragraph (1) with respect to any po7 tential vapor intrusion-related investigations or ac8 tions to protect public health with respect to tri9 chloroethylene exposure carried out pursuant to the 

10 Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

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

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

14 6901 et seq.). 

Æ 


cnoel on PRODPC75 with BILLS