I 
111TH CONGRESS 
2D SESSION 
H. R. 5210 
To amend the Safe Drinking Water Act regarding an endocrine disruptor 
screening program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2010 
Mr. MARKEY of Massachusetts (for himself and Mr. MORAN of Virginia) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To amend the Safe Drinking Water Act regarding an 
endocrine disruptor screening program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endocrine Disruptor 
Screening Enhancement Act of 2010’’. 
SEC. 2. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 
Section 1457 of the Safe Drinking Water Act (42 
U.S.C. 300j–17) is amended to read as follows: 
‘‘ENDOCRINE DISRUPTOR SCREENING PROGRAM 
‘‘SEC. 1457. (a) TESTING OF SUBSTANCES.— 
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‘‘(1) IN GENERAL.—In carrying out the screening 
program under section 408(p) of the Federal Food, Drug, 
and Cosmetic Act, the Administrator shall provide for the 
testing of substances described in paragraph (2) in addi-
tion to the substances described in section 408(p)(3) of 
such Act. 
‘‘(2) COVERED SUBSTANCES.—A substance is subject 
to testing pursuant to paragraph (1) if— 
‘‘(A) the substance may be found in sources of 
drinking water; and 
‘‘(B) the Administrator determines that a sub-
stantial population may be exposed to such sub-
stance. 
‘‘(3) SUBSTANCES ALREADY SUBJECT
TO TEST-
ING.—Notwithstanding paragraph (2), a substance is not 
subject to testing pursuant to paragraph (1) if— 
‘‘(A) the substance is already subject to evalua-
tion determined by the Administrator to be equiva-
lent to testing pursuant to paragraph (1); or 
‘‘(B) the Administrator has already determined 
the effect of the substance on the endocrine system. 
‘‘(4) SUBSTANCES DERIVED FROM DEGRADATION OR 
METABOLISM OF ANOTHER SUBSTANCE.—If a substance 
subject to testing pursuant to paragraph (1) (in this para-
graph referred to as the ‘covered substance’) is derived 
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from the degradation or metabolism of another substance, 
or is used in or generated by the manufacture of another 
substance, the Administrator shall provide for such testing 
of the covered substance by the importer or manufacturer 
of the other substance. 
‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE 
DISRUPTING SUBSTANCES THAT MAY BE IN DRINKING 
WATER.— 
‘‘(1) IDENTIFICATION.—Not later than 1 year 
after the date of the enactment of the Endocrine 
Disruptor Screening Enhancement Act of 2010, 
after opportunity for comment, the Administrator 
shall publish— 
‘‘(A) a list of no fewer than 100 sub-
stances for testing pursuant to subsection 
(a)(1) (in accordance with the schedule speci-
fied in paragraph (3)); and 
‘‘(B) a plan for the identification of addi-
tional substances for testing pursuant to sub-
section (a)(1), and a schedule for issuing test 
orders for all such additional substances by not 
later than 10 years after the date of the enact-
ment of the Endocrine Disruptor Screening En-
hancement Act of 2010, with the goal of test-
ing, at a minimum and consistent with sub-
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section (a), all substances that have been placed 
on the Drinking Water Preliminary Contami-
nant Candidate List published pursuant to sec-
tion 1412(b)(1)(B)(i). 
In publishing the plan and schedule required by sub-
paragraph (B), the Administrator shall obtain advice 
and direction from the Science Advisory Board. 
‘‘(2) PRIORITIZATION; 
CONSIDERATIONS.—In 
selecting substances for listing under paragraph 
(1)(A) or identification pursuant to the plan under 
paragraph (1)(B), the Administrator— 
‘‘(A) shall prioritize the selection of sub-
stances that pose the greatest public health con-
cern, taking into consideration (among other 
factors of public health concern) the effect of 
such substances on subgroups that comprise a 
meaningful portion of the general population 
(such as infants, children, pregnant women, the 
elderly, individuals with a history of serious ill-
ness, and other subpopulations) that are identi-
fiable as being at greater risk of adverse health 
effects due to exposure to substances in drink-
ing water; and 
‘‘(B) shall take into consideration— 
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‘‘(i) available information on the ex-
tent of potential public exposures to the 
substances through drinking water; and 
‘‘(ii) the Drinking Water Preliminary 
Contaminant Candidate List published 
pursuant to section 1412(b)(1)(B)(i). 
‘‘(3) SCHEDULE.—After publication of the list 
under paragraph (1)(A), the Administrator shall 
issue test orders for— 
‘‘(A) at least 25 substances on the list by 
the end of each year during the 4-year period 
following the date of the enactment of the En-
docrine Disruptor Screening Enhancement Act 
of 2010; and 
‘‘(B) all substances on the list by the end 
of such 4-year period. 
‘‘(c) TESTING PROTOCOL PROCESS.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of the enactment of the Endocrine 
Disruptor Screening Enhancement Act of 2010, the 
Administrator shall, after opportunity for comment, 
and after obtaining advice and direction from the 
Science Advisory Board, publish guidance on devel-
oping and updating protocols for testing of possible 
endocrine disruptors. The guidance shall specify— 
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‘‘(A) the manner in which the Adminis-
trator will evaluate and, where necessary, revise 
such protocols; 
‘‘(B) the manner in which the Adminis-
trator will determine when testing of substances 
will be required; and 
‘‘(C) the procedures by which other sci-
entifically relevant information can be used in 
lieu of some or all of the information that oth-
erwise would be collected pursuant to testing 
under section 408(p) of the Federal Food, 
Drug, and Cosmetic Act. 
‘‘(2) MINIMUM
CONTENTS.—The procedures 
specified pursuant to paragraph (1)(C) shall ensure 
that the Administrator may use information that is 
prepared or provided by any person (including a reg-
istrant, manufacturer, or importer of a substance for 
which testing is required, and any other entity) and 
shall apply equally with respect to any such person. 
‘‘(3) AMENDMENTS.—The Administrator may, 
after opportunity for comment, and after obtaining 
advice and direction from the Science Advisory 
Board, amend any guidance published pursuant to 
this subsection. 
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‘‘(d) REVISION OF TESTING PROTOCOLS.—Not later 
than 2 years after the date of the enactment of the Endo-
crine Disruptor Screening Enhancement Act of 2010, the 
Administrator shall, after opportunity for comment, deter-
mine whether sufficient scientific information has been de-
veloped to warrant updating the screening protocols devel-
oped under section 408(p) of the Federal Food, Drug, and 
Cosmetic Act. Not later than 5 years after the date of 
the enactment of the Endocrine Disruptor Screening En-
hancement Act of 2010 and every 3 years thereafter, the 
Administrator shall determine, consistent with the guid-
ance published under subsection (c), whether to revise 
screening protocols under such section based on signifi-
cant improvements in the sensitivity, accuracy, reliability, 
reproducibility, or efficiency of such protocols. Whenever 
the Administrator revises such a protocol, the Adminis-
trator shall also determine, after obtaining advice and di-
rection from the Science Advisory Board or the advisory 
panel referred to in section 25(d) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act, as appropriate, 
whether any substance that has already been subjected to 
testing should be tested using the revised protocol. 
‘‘(e) ACCELERATION OF TESTING FOR CERTAIN SUB-
STANCES.— 
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‘‘(1) IN GENERAL.—If the Administrator deter-
mines that— 
‘‘(A) a substance is known to be found in 
sources of drinking water, 
‘‘(B) a substantial population is known to 
be exposed to the substance, and 
‘‘(C) the substance is either suspected to 
be an endocrine disruptor or has a structural 
similarity to a substance known to be an endo-
crine disruptor, 
the Administrator shall determine whether to require 
the completion of testing for such substance on an 
accelerated schedule, to enable the Administrator to 
determine the effect of such substance on the endo-
crine system and ensure the protection of public 
health. 
‘‘(2) SCIENTIFICALLY
RELEVANT
INFORMA-
TION.—The Administrator shall make any deter-
mination under paragraph (1) using scientifically 
relevant information. In carrying out the preceding 
sentence, the Administrator may rely on any avail-
able scientifically relevant information, prepared or 
provided by any person. 
‘‘(3) GUIDANCE.—Not later than 1 year after 
the date of the enactment of the Endocrine 
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Disruptor Screening Enhancement Act of 2010, the 
Administrator shall, after opportunity for comment, 
publish guidance on how the Administrator will 
make determinations under paragraph (1). 
‘‘(f) RESULTS OF TESTING.— 
‘‘(1) PUBLICATION
OF
DATA
EVALUATION 
RECORDS.—Not later than 6 months after receipt of 
testing results for a substance, the Administrator 
shall prepare and, consistent with subsection (g), 
publish data evaluation records for such results in a 
publicly searchable database. 
‘‘(2) ADMINISTRATIVE ACTION.—Not later than 
6 months after receipt of testing results for a sub-
stance, the Administrator shall— 
‘‘(A) determine whether to take action re-
lated to the substance under section 1412(b) or 
1445, or other appropriate statutory authority; 
and 
‘‘(B) consistent with subsection (g), pub-
lish such determination in a publicly searchable 
database. 
‘‘(3) 
STRUCTURED
EVALUATION
FRAME-
WORK.—To assess the overall weight of the evidence 
and relevance to humans and wildlife of results of 
testing, the Administrator shall develop and use a 
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structured 
evaluative 
framework 
consisting 
of 
science-based criteria, consistent with the protection 
of public health and the environment, for systemati-
cally evaluating endocrine mode of action and for de-
termining data relevance, quality, and reliability. 
‘‘(g) PUBLIC DATABASE.—Beginning not later than 
180 days after the date of the enactment of the Endocrine 
Disruptor Screening Enhancement Act of 2010 and con-
sistent with section 552 of title 5, United States Code, 
the Administrator shall publish, in electronic format, a 
publicly searchable database that contains information re-
garding the testing program. Not later than 30 days after 
the date on which the information becomes available, the 
Administrator shall ensure that, at a minimum, the data-
base— 
‘‘(1) identifies the substances selected for test-
ing under the program; and 
‘‘(2) includes the documents and information 
pertaining to the status of testing activities for each 
such substance, including test orders, deadlines for 
submission, the Environmental Protection Agency’s 
data evaluation records, the Administrator’s deter-
mination on whether regulatory action will be taken 
under subsection (f), and the summary of chemical 
test results. 
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‘‘(h) PETITION FOR INCLUSION OF A SUBSTANCE IN 
THE PROGRAM.— 
‘‘(1) IN GENERAL.—Any person may submit a 
petition the Administrator to— 
‘‘(A) add a substance to the list under sub-
section (b)(1)(A) or identify a substance pursu-
ant to the plan under subsection (b)(1)(B); or 
‘‘(B) issue a test order requiring that a 
substance be tested on an accelerated basis in 
accordance with subsection (e). 
‘‘(2) SPECIFICATION OF FACTS.—Any petition 
under paragraph (1) shall specify the facts that are 
claimed to establish that an action described in sub-
paragraph (A) or (B) of paragraph (1) is warranted. 
‘‘(3) ADMINISTRATIVE ACTION.—Not later than 
90 days after the filing of a petition described under 
paragraph (1), the Administrator shall determine 
whether the petition has established that an action 
described in subparagraph (A) or (B) of paragraph 
(1) is warranted and shall grant or deny the peti-
tion. If the Administrator grants such petition, the 
Administrator shall promptly add the substance to 
the list under subsection (b)(1)(A), identify the sub-
stance pursuant to the plan under subsection 
(b)(1)(B), or issue an order requiring testing on an 
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accelerated basis in accordance with subsection (e), 
as applicable. If the Administrator denies the peti-
tion, the Administrator shall publish the reasons for 
such denial in the Federal Register. 
‘‘(i) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—After the Administrator— 
‘‘(1) requires testing of a substance, or 
‘‘(2) based in whole or in part on the results of 
testing, takes action related to a substance under 
section 1412(b) or 1445 or other appropriate statu-
tory authority, 
the Administrator shall give notice of such testing or ac-
tion to Federal agencies which are authorized by other 
provisions of law to regulate the substance or products, 
materials, medications, processes, or practices that use the 
substance. 
‘‘(j) REPORTING REQUIREMENT.—Not later than 1 
year after the date of the enactment of the Endocrine 
Disruptor Screening Enhancement Act of 2010 and every 
3 years thereafter, the Administrator shall provide a re-
port to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate that describes— 
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‘‘(1) progress made in identifying, testing, and 
regulating endocrine disruptors as well as plans for 
future activities; 
‘‘(2) any change in screening or testing method-
ology and evaluation or criteria for evaluating sci-
entifically relevant information; and 
‘‘(3) actions taken to ensure communication 
and sharing of scientific information with other Fed-
eral agencies and the public; and 
‘‘(4) any deviations from the plan or schedule 
published under subsection (b)(1)(B) as well as the 
reasons therefor. 
‘‘(k) TESTING CONSORTIA, COMPENSATION, AND 
COMPLIANCE.— 
‘‘(1) IN GENERAL.—Any person required by the 
Administrator to conduct testing of an endocrine 
disruptor may— 
‘‘(A) submit, on its own, data in response 
to an order for such testing; and 
‘‘(B) form (on a voluntary basis) a consor-
tium in order to satisfy the requirements of one 
or more orders for such testing. 
‘‘(2) RELIANCE
ON
CONSORTIUM
SUBMIS-
SIONS.—Each member of a consortium described in 
paragraph (1)(B) shall have full rights to rely on all 
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submissions of the consortium to satisfy the require-
ments of any order for testing, but continues to be 
individually subject to such requirements. 
‘‘(3) SHARING OF COSTS.— 
‘‘(A) IN
GENERAL.—Each member of a 
consortium described in paragraph (1)(B) shall 
share the applicable costs according to appro-
priate arrangements established by the consor-
tium members. 
‘‘(B) BINDING OFFER.—Whenever, to sat-
isfy the requirements of one or more orders for 
testing, any person offers to form or join a con-
sortium described in paragraph (1)(B), or of-
fers compensation to a person that has already 
submitted data to the Administrator satisfying 
an order for testing, such offer shall constitute 
a binding offer to share an appropriate portion 
of the applicable costs. 
‘‘(C) APPLICABLE
COSTS.—In this sub-
section, the term ‘applicable costs’ includes the 
costs— 
‘‘(i) incurred to generate and report 
information to comply with an order for 
testing; or 
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‘‘(ii) associated with the organization 
and administration of the consortium. 
‘‘(4) DISPUTE RESOLUTION.— 
‘‘(A) IN GENERAL.—In the event of any 
dispute about an appropriate share or a fair 
method of determining an appropriate share of 
applicable costs of the testing requirements in 
a test order, any person involved in the dispute 
may initiate binding arbitration proceedings by 
requesting the Federal Mediation and Concilia-
tion Service to appoint an arbitrator from the 
roster of arbitrators maintained by such Service 
or a hearing with a regional office of the Amer-
ican Arbitration Association. A copy of the re-
quest shall be sent to each person from whom 
the requesting party seeks compensation or who 
seeks compensation from that party. 
‘‘(B) NO REVIEW OF FINDINGS AND DE-
TERMINATION.—The findings and determina-
tion of the arbitrator in a dispute initiated pur-
suant to subparagraph (A) shall be final and 
conclusive, and no official or court of the 
United States shall have power or jurisdiction 
to review any such findings and determination, 
except in the case of fraud, misrepresentation, 
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or other misconduct by one of the parties to the 
arbitration or by the arbitrator. 
‘‘(C) PAYMENT OF FEE AND EXPENSES.— 
The parties to arbitration initiated pursuant to 
subparagraph (A) shall share equally in the 
payment of the fee and expenses of the arbi-
trator. 
‘‘(5) ENFORCEMENT.—If the Administrator de-
termines that any person seeking to comply with an 
order for testing by relying on a submission made by 
a consortium or an original data submitter has 
failed to make an offer in accordance with para-
graph (3)(B), to participate in an arbitration pro-
ceeding under paragraph (4), or to comply with the 
terms of an agreement or arbitration decision con-
cerning sharing of applicable costs under paragraph 
(3), that person is deemed to have failed to comply 
with an order under subparagraph (A) of section 
408(p)(5) of the Federal Food, Drug, and Cosmetic 
Act for purposes of subparagraphs (B) and (C) of 
such section. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) The term ‘endocrine disruptor’ means an 
exogenous agent or mixture of agents that interferes 
or alters the synthesis, secretion, transport, metabo-
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