production levels of hormones by the thyroid. About 
36 percent of women in the United States have 
lower iodine levels. 
(18) Given the seriousness of the potential ad-
verse effects associated with perchlorate and the fact 
that children were at risk, combined with the ab-
sence of a Federal drinking water standard (MCL) 
for perchlorate, California proposed a drinking water 
standard of 6 parts per billion, and Massachusetts 
promulgated a drinking water standard of 2 parts 
per billion. 
(19) Other States, including Nevada, Texas, 
New York, and Maryland, have issued some form of 
drinking water guidance for perchlorate, including a 
drinking water action level, health-based guidance, 
and a health based advisory level at ranges from 1 
part per billion to 18 parts per billion. 
(20) Perchlorate has been detected in the soil, 
surface waters, and groundwater at 55 Department 
of Defense facilities across the country, with off-site 
migration occurring at some facilities. 
(21) As of 2003, the Department of Defense 
policy on perchlorate requires sampling only where a 
perchlorate release due to Department activities is 
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suspected and a complete human exposure pathway 
is likely to exist. 
(22) According to the Environmental Protection 
Agency, the Department of Defense is deferring all 
remedial action relating to perchlorate contamina-
tion at or from its facilities until a Federal per-
chlorate drinking water standard is adopted. 
(23) The Environmental Protection Agency has 
historically failed to exercise its enforcement author-
ity under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act (CERCLA) 
to compel the Department of Defense to undertake 
remedial actions to address perchlorate contamina-
tion at Department facilities that are listed on the 
Superfund National Priorities List. 
(24) There are as many as 22 contaminants 
without Federal drinking water standards for which 
the Environmental Protection Agency has set site 
specific cleanup levels for the remediation of ground-
water, making the lack of response actions for per-
chlorate contamination at Department of Defense 
Superfund facilities a unique situation. 
(25) The Environmental Protection Agency has 
failed to take enforcement action against the De-
partment of Defense to cause the Department to 
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mitigate or remediate the perchlorate contamination 
emanating from its Aberdeen Proving Ground facil-
ity that has adversely impacted the drinking water 
supply for the City of Aberdeen, Maryland. 
(26) Since 2002, the Department of Defense 
actively sought to exempt the Department from 
State and Federal public health and environmental 
laws which protect drinking water supplies from 
chemical constituents of military munitions including 
perchlorate. 
SEC. 3. NATIONAL PRIMARY DRINKING WATER REGULA-
TION FOR PERCHLORATE. 
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) PERCHLORATE.— 
‘‘(i) SCHEDULE
AND
STANDARD.— 
Notwithstanding the deadlines set forth in 
paragraph (1), the Administrator shall 
promulgate a national primary drinking 
water regulation for perchlorate pursuant 
to this subsection, in accordance with the 
schedule established by this subparagraph. 
‘‘(ii) PROPOSED REGULATIONS.—Not 
later than 12 months after the date of the 
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enactment of this subparagraph, the Ad-
ministrator shall publish in the Federal 
Register a proposed national primary 
drinking water regulation for perchlorate. 
‘‘(iii) 
FINAL
REGULATIONS.—Not 
later than 18 months after the date of 
publication of the proposed national pri-
mary drinking water regulation required by 
clause (ii), after notice and opportunity for 
public comment, the Administrator shall 
promulgate a national primary drinking 
water regulation for perchlorate.’’. 
Æ 
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