The Senate voted 31-7 to approve a bill that would create a maximum contaminant limit (MCL) for 1,2,3 trichloropropane (TCP), a chemical used in pesticides, degreasers and varnish removers, and which has been classified by the U.S. Environmental Protection Agency as a likely carcinogen.
Although the Department of Environmental Protection set a “guidance” level for safe consumption of the chemical in 1999, it has never been given a MCL, which would allow it to be regulated by the state. No MCL for TCP exists at the federal level, but California has classified it has a human carcinogen.
The, which was approved by the Assembly earlier this month, would direct the Drinking Water Quality Institute -- a panel of academic scientists, state officials and water company executives who advise the DEP – to set a health limit for the concentration of the chemical in drinking water within 90 days. The DEP would implement that recommendation within 180 days of receiving it.
Citing DEP research, the bill calls TCP “a potent genotoxic carcinogen which occurs in drinking water at levels resulting in significant cancer risk based on test results from New Jersey public and non-public water supplies.”
In 2009, the DWQI recommended an MCL of 0.03 parts per billion but the measure was never adopted by the DEP.
Although the current bill does not specify a level, its supporters hope the DWQI will follow its previous recommendation if the bill becomes law.
But it’s not certain that Christie will sign it, said Doug O’Malley, director of the nonprofit group Environment New Jersey. He said the administration “deep-sixed” the measure when it came out of the DWQI in 2009.
O’Malley said the recommendation was quashed by Christie’s Executive Order 2, a wide-ranging document designed to cut bureaucratic restrictions on business, issued in January 2010. Although the order did not specifically mention the DWQI, it “gave cover” to the DEP to ignore the panel’s proposal, O’Malley said.
Brian Murray, a spokesman for Christie, declined to say whether the governor would sign the bill. “As a general rule, we do not discuss or comment on pending legislation until a finalized bill reaches the Governor’s Office, and we have had time to conduct a review,” he said.
With the new legislation, supporters hope there’s now a better chance of the state deciding to regulate the chemical, which was found in two now-shuttered wells in Moorestown, in the 7th District represented by Assemblyman Herb Conaway (D-Burlington), one of the bill’s sponsors.
“This legislation has to be passed because the administration has blatantly ignored the previous recommendations from the Drinking Water Quality Institute,” O’Malley said. “The governor, if he’s looking at the science, should sign this in a heartbeat.”