Bisphenol A (BPA) in Plastics and Possible Human Health Effects

Linda-Jo Schierow
Specialist in Environmental Policy

Sarah A. Lister
Specialist in Public Health and Epidemiology

Bisphenol A (BPA) is used to produce certain types of plastic that are used in thousands of formulations for myriad products. Containers made with these plastics may expose people to small amounts of BPA in food and water. Some animal experiments have found that fetal and infant development may be harmed by small amounts of BPA, but scientists disagree about the value of the animal studies for predicting harmful effects in people. 

In the United States and elsewhere, scientific disagreement about the possibility of human health effects that may result from BPA exposure has led to conflicting regulatory decisions regarding the safety of food containers, especially those intended for use by infants and children. In the United States, a conclusion by the Food and Drug Administration (FDA) that BPA use is safe conflicted with earlier findings by one panel of scientific advisors, and was later challenged by a second panel. These events prompted some to question FDA's process for the assessment of health risks such as this, and others to question the agency's fundamental ability to conduct such assessments competently. Recently, FDA expressed concern about possible health effects from BPA exposure and announced that it was conducting new studies on the matter, pending possible changes in its regulatory approach. 

In March 2010, the U.S. Environmental Protection Agency (EPA) released a "chemical action plan" for BPA that proposes to list BPA as a chemical of concern that may present an unreasonable risk to certain aquatic species at concentrations similar to those found in the environment, to consider rulemaking to gather additional data relevant to environmental effects, and to initiate collaborative alternatives assessment activities under its Design for the Environment (DfE) program to encourage reductions in BPA releases and exposures. 

Some food companies and bottle manufacturers have voluntarily changed to BPA-free products. It is reported that some companies are exploring alternatives to BPA-containing food cans. However, others have said that for some types of canned foods, alternatives that preserve the safety and quality of the food may not be currently available. 

In the 111th Congress, companion bills (S. 593/H.R. 1523) have been introduced that would prohibit the use of BPA in food and beverage containers regulated by the FDA. The Senate bill may be proposed as an amendment to pending food safety legislation (S. 510). A different approach to BPA regulation would be taken by a second pair of bills (S. 753/H.R. 4456) that would require Consumer Product Safety Commission (CPSC) prohibition of BPA use in children's food and beverage containers under the Federal Hazardous Substances Act. The House acted July 30, 2009, on a third approach when it approved H.R. 2749, the Food Safety Enhancement Act of 2009. Section 215 of the bill would require FDA to determine whether there was "a reasonable certainty of no harm for infants, young children, pregnant women, and adults, for approved uses of polycarbonate plastic and epoxy resin made with bisphenol A in food and beverage containers ... under the conditions of use prescribed in current [FDA] regulations." FDA would be required to notify Congress about any uses of BPA for which a determination could not be made and how the agency was planning to regulate to protect the public health. Finally, a fourth bill, H.R. 4341, would require a warning label on any food container containing BPA. .


Date of Report: April 15, 2010
Number of Pages: 13
Order Number: RS22869
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Safe Drinking Water Act (SDWA): Selected Regulatory and Legislative Issues

Mary Tiemann
Specialist in Environmental Policy

Much progress has been made in assuring the quality of public water supplies since the Safe Drinking Water Act (SDWA) was first enacted in 1974. Public water systems must meet extensive regulations, and water utility management has become a much more complex and professional endeavor. The Environmental Protection Agency (EPA) has regulated some 91 drinking water contaminants, and more regulations are pending. In 2007, the number of community water systems reporting no violations of drinking water standards was 89.5%. Despite nationwide progress in providing safe drinking water, an array of issues and challenges remain. 

Recent issues have involved infrastructure funding needs, regulatory compliance issues, and concerns caused by detections of unregulated contaminants in drinking water, such as perchlorate and pharmaceuticals and personal care products (PPCPs). Another issue involves the adequacy of existing regulations (such as trichloroethylene (TCE)) and EPA's pace in reviewing and potentially revising older standards. Congress last reauthorized SDWA in 1996. Although funding authority for most SDWA programs expired in FY2003, Congress continues to appropriate funds annually for these programs. No broad reauthorization bills have been proposed, as EPA, states, and water systems continue efforts to implement current statutory programs and regulatory requirements. A long-standing and overarching SDWA issue concerns the cumulative cost and complexity of drinking water standards and the ability of water systems, especially small systems, to comply with standards. The issue of the affordability of drinking water regulations, such as those for arsenic, radium, and disinfection by-products, has merged with the larger debate over what is the appropriate federal role in assisting communities with financing drinking water projects needed for SDWA compliance, and for water infrastructure improvement generally. 

Water infrastructure financing legislation has been offered repeatedly in recent Congresses to authorize higher funding levels for the Drinking Water State Revolving Fund (DWSRF) program, and also to provide grants and other compliance assistance to small communities. In the 111th Congress, this issue found early focus in the economic stimulus debate, and the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) included $2 billion for the DWSRF program. The Omnibus Appropriations Act, 2009, provided $829 million for this program, and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88), included an additional $1.387 billion. The Senate Environment and Public Works Committee has reported S. 1005, a drinking water and wastewater infrastructure financing bill, and a bill to establish a water infrastructure trust fund, H.R. 3202, was introduced in the House. 

A newer SDWA issue concerns proposals and research regarding the underground injection of carbon dioxide (CO2) for long-term storage as a means of reducing greenhouse gas emissions. EPA has proposed regulations under SDWA to provide a national permitting framework for managing the underground injection of CO2 for commercial-scale sequestration projects. In August 2009, EPA published a notice of data availability and requested additional comment on the proposed rule. The Energy Independence and Security Act of 2007 (EISA; P.L. 110-140) included carbon sequestration research and development provisions, and specified that geologic sequestration activities shall be subject to SDWA provisions related to protecting underground drinking water sources. Another underground injection issue concerns the increasing use of hydraulic fracturing to produce natural gas from unconventional geologic formations. Bills have been introduced to authorize regulation of this practice under the SDWA underground injection control program.


Date of Report: April 22, 2010
Number of Pages: 27
Order Number: RL34201
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Fluoride in Drinking Water: A Review of Fluoridation and Regulation Issues

Mary Tiemann
Specialist in Environmental Policy

According to the Centers for Disease Control and Prevention (CDC), 67% of the 246 million people in the United States who receive their water from a public water system received fluoridated water in 2000. One of the CDC's national health goals is to increase the proportion of the U.S. population served by community water systems with "optimally" fluoridated drinking water to 75% by 2010. The decision to add fluoride to a water supply is made by local or state governments. The U.S. Public Health Service (PHS) has recommended an optimal fluoridation level in the range of 0.7 to 1.2 milligrams per liter (mg/L) for the prevention of tooth decay. The fluoridation of drinking water often generates both strong support and opposition within communities. This practice is controversial because fluoride has been found to have beneficial effects at low levels and is intentionally added to many public water supplies; however, at higher concentrations, it is known to have toxic effects. The Environmental Protection Agency (EPA) regulates the amount of fluoride that may be present in public water supplies to protect against fluoride's adverse health effects. Fluoridation opponents have expressed concern regarding potential adverse health effects of fluoride ingestion, and some view the practice as an undemocratic infringement on individual freedom. The medical and public health communities generally have recommended water fluoridation, citing it as a safe, effective, and equitable way to provide dental health protection community-wide.

Because the use of fluoridated dental products and the consumption of food and beverages made with fluoridated water have increased since the PHS recommended optimal levels for fluoridation, many people now may be exposed to more fluoride than had been anticipated. Consequently, questions have emerged as to whether current water fluoridation practices and levels offer the most appropriate ways to provide the expected beneficial effects of fluoride while avoiding adverse effects (most commonly, tooth mottling or pitting—dental fluorosis) that may result from ingestion of too much fluoride when teeth are developing. Also, scientific uncertainty regarding the health effects of exposure to higher levels of fluoride adds controversy to decisions regarding water fluoridation.

Although fluoride is added to water to strengthen teeth, some communities must treat their water to remove excess amounts of fluoride that is present either naturally or from pollution. In 1986, EPA issued a drinking water regulation for fluoride that includes an enforceable standard—a maximum contaminant level (MCL)—and an MCL goal (MCLG) of 4 mg/L to protect against adverse effects on bone structure. EPA acknowledged that the standard did not protect infants and young children against dental fluorosis, which EPA considered a cosmetic effect rather than a health effect. To address this concern, EPA included in the regulation a secondary (advisory) standard of 2 mg/L to protect children against dental fluorosis and adverse health effects. As part of its review of the fluoride regulation, EPA asked the National Research Council (NRC) to review the health risk data for fluoride and to assess the adequacy of EPA's standards. In March 2006, the NRC released its study and concluded that EPA's 4 mg/L MCLG should be lowered. EPA currently is developing a dose-response assessment and updating the relative contribution assessment for fluoride. Once these assessments have been completed and peer reviewed, EPA will be able to determine whether revisions to the drinking water standards would be appropriate.


Date of Report: April 21, 2010
Number of Pages: 22
Order Number: RL33280
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EPA Regulation of Greenhouse Gases: Congressional Responses and Options

James E. McCarthy
Specialist in Environmental Policy

Larry Parker
Specialist in Energy and Environmental Policy

The Environmental Protection Agency's promulgation of an "endangerment finding" for greenhouse gas (GHG) emissions in December 2009, and its subsequent promulgation of GHG emission standards for new motor vehicles on April 1, 2010, have raised concerns among some in Congress that the agency will now proceed to control GHG emissions from stationary sources, including power plants, manufacturing facilities, and others. Stationary sources account for 69% of U.S. emissions of greenhouse gases. If the United States is to reduce its total GHG emissions, as President Obama has committed to do, it will be necessary to address these sources. 

EPA's regulations limiting GHG emissions from new cars and light trucks will trigger at least two other Clean Air Act (CAA) provisions affecting stationary sources of air pollution. First, effective January 2, 2011, new or modified major stationary sources will have to undergo New Source Review (NSR) with respect to their GHGs in addition to any other pollutants subject to regulation under the CAA that are emitted by the source. This review will require affected sources to install Best Available Control Technology (BACT) to address their GHG emissions. Second, all major sources of GHGs (existing and new) will have to obtain permits under Title V of the CAA (or have existing permits modified to include their GHG requirements). Beyond these permitting requirements, because stationary sources, particularly coal-fired power plants, are a major source of greenhouse gas emissions, EPA is likely to find itself compelled to issue endangerment findings under other parts of the Act, resulting in New Source Performance Standards for stationary sources or emission standards under other sections of the Act. 

EPA shares congressional concerns about the potentially broad scope of these regulations, primarily because a literal reading of the act might require as many as 6,000,000 stationary sources to obtain permits. Thus, the agency has drafted a proposed "Tailoring Rule" so that it can focus its resources on the largest emitters while deciding over a six-year period what to do about smaller sources. Many of the specifics remain undecided: the agency is still in the process of determining both what the permit/BACT requirements will be and in what order sources would be subject to them. 

Many in Congress have suggested that EPA should delay taking action on these sources or should be prevented from doing so. Legislation has been introduced in both the House and Senate to achieve such results: four resolutions of disapproval under the Congressional Review Act (S.J.Res. 26, H.J.Res. 66, H.J.Res. 76, H.J.Res. 77) are aimed at EPA's determination under Section 202(a) of the Clean Air Act that GHGs cause or contribute to air pollution that endangers public health and welfare; five other bills would either require EPA to reevaluate its endangerment finding (H.Res. 974), amend the Clean Air Act to provide that greenhouse gases are not subject to the Act (H.R. 4396), limit EPA's GHG authority to motor vehicle emissions (S. 1622), or suspend EPA actions regulating stationary source emissions of GHGs for two years (S. 3072, H.R. 4753). 

This report discusses elements of this controversy, providing background on stationary sources of greenhouse gas pollution and identifying options Congress has at its disposal should it decide to address the issue. The report discusses four sets of options: (1) resolutions of disapproval under the Congressional Review Act; (2) freestanding legislation delaying or prohibiting EPA action; (3) the use of appropriations bills as a vehicle to restrain EPA activity; and (4) amendments to the Clean Air Act, including legislation such as H.R. 2454 or S. 1733, which would establish a new GHG control regime.


Date of Report: April 28, 2010
Number of Pages: 16
Order Number: R41212
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2006 National Ambient Air Quality Standards (NAAQS) for Fine Particulate Matter (PM2.5): Designating Nonattainment Areas

Robert Esworthy
Specialist in Environmental Policy

The Environmental Protection Agency (EPA) published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM) on October 17, 2006. EPA's actions leading up to and following promulgation of the 2006 standard have been the subject of considerable congressional oversight. EPA's ongoing implementation of the standard, beginning with the designation of those geographical areas not in compliance, will likewise be an area of concern and debate among many Members of Congress, states, and other stakeholders for some time. 

Promulgation of NAAQS sets in motion a process under which the states and the EPA identify areas that exceed the standard ("nonattainment areas") using multi-year air quality monitoring data and other criteria, requiring states to take steps to reduce pollutant concentrations in order to achieve it. On November 13, 2009, EPA published its final designations for the 2006 PM NAAQS that include 120 counties and portions of counties in 18 states as nonattainment areas based on 2006 through 2008 air quality monitoring data. The final designations, which include tribal land of 22 tribes, were effective as of December 14, 2009. States have three years from the effective date to submit State Implementation Plans (SIPs), which identify specific regulations and emission control requirements that would bring an area into compliance. 

In December of 2008 EPA had identified 211 counties and portions of counties (58 areas) in 25 states for designation as nonattainment for the 2006 PM NAAQS based on 2005 through 2007 data. The publication of these designations—and thus the effective date of the final designations—was delayed pending review by the current Administration. The review was initiated, in part, in response to a White House January 20, 2009, memorandum regarding regulatory review. This review and the availability of more current air quality monitoring data resulted in the final designations published in November 2009. 

The 2006 NAAQS strengthened the pre-existing (1997) standard for "fine" particulate matter 2.5 micrometers or less in diameter (PM2.5) by lowering the allowable daily concentration of PM2.5 in the air. The daily standard averaged over 24-hour periods is reduced from 65 micrograms per cubic meter (μg/m3) to 35 μg/m3. However, the annual PM2.5 standard, which addresses human health effects from chronic exposures to the pollutants, is unchanged from the 1997 standard of 15 μg/m3. The 2006 NAAQS did not substantially modify the daily standard for slightly larger, but still inhalable, particles less than or equal to 10 micrometers (PM10), retaining the 24-hour standard but revoking the annual standard for PM10. 

EPA's final nonattainment designations are only for the revised 2006 24-hour PM2.5 standard. The EPA did not require new nonattainment designations for PM10. The final designations for the 2006 PM2.5 NAAQS include a few areas designated nonattainment for PM2.5 for the first time, but, as expected, the majority of the counties identified overlap with EPA's final nonattainment designations for the 1997 PM2.5 NAAQS. EPA's designations for the 1997 PM2.5 NAAQS included all or part of 204 counties in 20 states and the District of Columbia. Most of them were only exceeding the annual standard; only 12 counties were exceeding both the 24-hour and the annual standards. Thus, the 2006 tightening of the 24-hour standard resulted in an increased number of areas being designated nonattainment based on exceedances of both the 24-hour and the annual standards. EPA's next round of the periodic review of the particulates NAAQS is under way, and the agency announced its intention to accelerate the review.


Date of Report: April 21, 2010
Number of Pages: 37
Order Number: R40096
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