(vi) as of the date of enactment of this 
Act, the maximum contaminant level for tri-
chloroethylene is 5 micrograms per liter; and 
(7) the document of the Environmental Protec-
tion 
Agency 
entitled 
‘‘Draft 
Trichloroethylene 
Health Risk Assessment: Synthesis and Character-
ization’’ and dated 2001— 
(A) stated that the Agency for Toxic Sub-
stances and Disease Registry— 
(i) reports that trichloroethylene is the 
most frequently reported organic contami-
nant in groundwater; and 
(ii) has estimated that between 9 and 
34 percent of drinking water supply 
sources have some trichloroethylene con-
tamination; and 
(B) recommended extrapolation to lower 
doses for oral exposure of trichloroethylene in 
drinking water, resulting in a maximum con-
taminant level of 1 microgram per liter. 
(b) PURPOSE.—The purpose of this Act is to require 
the Administrator of the Environmental Protection Agen-
cy— 
(1) to establish, by not later than 180 days 
after the date of enactment of this Act— 
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(A) a health advisory, including cancer 
risks, for trichloroethylene in drinking water 
that fully protects susceptible populations (in-
cluding pregnant women, infants, and children), 
taking into consideration body weight, exposure 
patterns, and all routes of exposure to trichloro-
ethylene; and 
(B) an integrated risk information system 
reference concentration of trichloroethylene that 
is protective of the susceptible populations iden-
tified in subparagraph (A) from vapor intru-
sion, taking into consideration the factors de-
scribed in that subparagraph; and 
(2) to promptly establish a national primary 
drinking water regulation for trichloroethylene that 
fully protects susceptible populations (including 
pregnant women, infants, and children), taking into 
consideration body weight, exposure patterns, and all 
routes of exposure to trichloroethylene. 
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TITLE 
I—HEALTH 
ADVISORY 
AND 
NATIONAL 
PRIMARY 
DRINKING WATER REGULA-
TION 
FOR 
TRICHLORO-
ETHYLENE 
SEC. 101. HEALTH ADVISORY AND NATIONAL PRIMARY 
DRINKING WATER REGULATION FOR TRI-
CHLOROETHYLENE. 
Section 1412(b)(12) of the Safe Drinking Water Act 
(42 U.S.C. 300g–1(b)(12)) is amended by adding at the 
end the following: 
‘‘(C) TRICHLOROETHYLENE.— 
‘‘(i) HEALTH
ADVISORY.—Notwith-
standing any other provision of this sec-
tion, not later than 180 days after the date 
of enactment of this subparagraph, the Ad-
ministrator shall publish a health advisory, 
including cancer risks, for trichloroethylene 
that fully protects, with an adequate mar-
gin of safety, the health of susceptible pop-
ulations (including pregnant women, in-
fants, and children), taking into consider-
ation body weight, exposure patterns, and 
all routes of exposure. 
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‘‘(ii) NATIONAL
PRIMARY
DRINKING 
WATER REGULATION.— 
‘‘(I) PROPOSED
REGULATION.— 
Notwithstanding any other provision 
of this section, not later than 1 year 
after the date of enactment of this 
subparagraph, the Administrator shall 
propose a national primary drinking 
water 
regulation 
for 
trichloro-
ethylene— 
‘‘(aa) that is protective of 
susceptible populations (including 
pregnant women, infants, and 
children); and 
‘‘(bb) the maximum con-
taminant level of which is as 
close to the maximum contami-
nant level goal for trichloro-
ethylene, and as protective of 
those susceptible populations, as 
is feasible. 
‘‘(II) FINAL REGULATION.—Not-
withstanding any other provision of 
this section, not later than 18 months 
after the date of enactment of this 
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subparagraph, after providing notice 
and an opportunity for public com-
ment, the Administrator shall promul-
gate a final national primary drinking 
water regulation (including a provi-
sion for monitoring under subclause 
(III)) for trichloroethylene that is con-
sistent with subclause (I). 
‘‘(III) 
MONITORING
REQUIRE-
MENTS.— 
‘‘(aa) 
DEFINITION
OF 
QUALIFYING
SYSTEM.—In this 
subclause, the term ‘qualifying 
system’ means a public water 
system that has been granted a 
monitoring waiver under section 
141.24 of volume 40, Code of 
Federal Regulations (or successor 
regulations). 
‘‘(bb) 
REQUIREMENTS.— 
The regulation under subclause 
(II) shall include a provision re-
lating to monitoring that re-
quires— 
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‘‘(AA) that the Admin-
istrator shall revise moni-
toring requirements for all 
systems to ensure detection 
of potential trichloroethylene 
contamination and full com-
pliance with the revised na-
tional 
primary 
drinking 
water regulation; 
‘‘(BB) for each quali-
fying system located in the 
vicinity of a subsurface mi-
gration of a known volatile 
organic compound contami-
nation site, that the State 
with primary enforcement 
responsibility shall review 
and submit the waiver of the 
qualifying system for review 
by the Administrator; and 
‘‘(CC) each qualifying 
system potentially located in 
the path of subsurface mi-
gration of a known volatile 
organic compound be subject 
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to minimum regular moni-
toring for trichloroethylene, 
as the Administrator and 
primary State officials deter-
mine to be appropriate. 
‘‘(iii) CONSUMER
CONFIDENCE
RE-
PORTS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), simultaneously with 
the promulgation of the final regula-
tion under clause (ii)(II), each con-
sumer confidence report issued under 
section 1414(c)(4) shall disclose the 
presence of any trichloroethylene in 
drinking water, and the potential 
health and cancer risks to susceptible 
populations 
(including 
pregnant 
women, infants, and children) from 
exposure to trichloroethylene in drink-
ing water, consistent with regulations 
promulgated by the Administrator. 
‘‘(II) 
EXCEPTION.—Notwith-
standing 
subclause 
(I), 
trichloro-
ethylene shall not be considered to be 
1 of the 3 regulated contaminants de-
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scribed in the matter following clause 
(vi) of section 1414(c)(4)(B).’’. 
TITLE 
II—REDUCING 
DAN-
GEROUS VAPOR INTRUSION 
FROM 
CONTAMINATED 
GROUNDWATER AND SOILS 
SEC. 201. HEALTH ADVISORY AND REFERENCE CON-
CENTRATION FOR TRICHLOROETHYLENE. 
(a) HEALTH ADVISORY.—Not later than 1 year after 
the date of enactment of this Act, the Administrator of 
the Environmental Protection Agency (referred to in this 
section as the ‘‘Administrator’’) shall publish a health ad-
visory (including cancer risks) for trichloroethylene that 
fully protects from vapor intrusion, with an adequate mar-
gin of safety, the health of susceptible populations (includ-
ing pregnant women, infants, and children), taking into 
consideration body weight, exposure patterns, and all 
routes of exposure. 
(b) ESTABLISHMENT
AND APPLICATION
OF REF-
ERENCE CONCENTRATION.— 
(1) ESTABLISHMENT
OF
REFERENCE
CON-
CENTRATION.—Not later than 18 months after the 
date of enactment of this Act, the Administrator 
shall establish an integrated risk information system 
reference concentration of trichloroethylene vapor 
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that is protective of susceptible populations (includ-
ing pregnant women, infants, and children), con-
sistent with the health advisory described in sub-
section (a). 
(2) REMEDIAL ACTION.—Not later than 2 years 
after the date of enactment of this Act, the Adminis-
trator shall apply the reference concentration estab-
lished under paragraph (1) with respect to any po-
tential vapor intrusion-related investigations or ac-
tions to protect public health with respect to tri-
chloroethylene exposure carried out pursuant to the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.), or the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.). 
Æ 
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