[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2472 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2472

To require the Administrator of the Environmental Protection Agency to 
    issue rules governing risk assessments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 12), 1994

   Mr. Lott introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
    issue rules governing risk assessments, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Science in Risk Assessment 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of the date of enactment of this Act, approximately 
        $140,000,000,000 per year, over 2 percent of the annual gross 
        national product of the United States, is being spent on 
        environmental compliance, and the amount being spent is 
        expected to rise substantially;
            (2) unfunded Federal environmental mandates are straining 
        the budgets of State and local governments and may diminish the 
        financial resources available for other important public 
        programs and services;
            (3) an environmental risk assessment developed by the 
        Environmental Protection Agency is often perceived as not 
        containing sufficient scientific objectivity, absence of bias, 
        clarity, or consistency to serve as a sound and credible basis 
        for protecting public health and safety, determining 
        environmental protection needs and priorities, making 
        regulatory decisions, or allocating limited financial 
        resources; and
            (4) Executive Order No. 12866 (5 U.S.C. 601 note; relating 
        to regulatory planning and review) requires a decision by a 
        Federal agency to be based on the best reasonably obtainable 
        scientific and technical information, and embodies the 
        principle of openness in government.

SEC. 3. RISK ASSESSMENT PRINCIPLES.

    In accordance with this Act, the Administrator of the Environmental 
Protection Agency (referred to in this Act as the ``Administrator'') 
shall develop rules, proposed rules, and review procedures that provide 
that--
            (1) risk assessments shall be--
                    (A) consistent;
                    (B) of high technical quality;
                    (C) scientifically objective; and
                    (D) unbiased; and
            (2) significant uncertainties regarding facts, scientific 
        knowledge, the validity of analytical techniques, or numerical 
        risk estimates are clearly disclosed in terms readily 
        understandable to the public.

SEC. 4. PROPOSED RULES.

    (a) Proposed General Rules.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall issue, in accordance 
with section 3, proposed rules that--
            (1) set forth uniform general procedures governing risk 
        assessments conducted by the Environmental Protection Agency; 
        and
            (2) incorporate, to the extent the Administrator considers 
        advisable, relevant guidelines existing prior to the issuance 
        of the proposed rules.
    (b) Distinctive Approaches, Techniques, or Methodologies.--
            (1) Proposed distinctive rules.--Not later than 1 year 
        after the date of enactment of this Act, the Administrator 
        shall issue, in accordance with section 3, proposed rules to 
        govern use of a distinctive type of risk assessment approach, 
        technique, or methodology. The rules shall specify the minimum 
        standard for a risk assessment approach that is appropriate for 
        the scale of the problem to be assessed, the level of 
        scientific understanding, and the available data.
            (2) Use of distinctive approaches, techniques, or 
        methodologies.--In accordance with section 3, the Administrator 
        shall determine the distinctive types of risk assessment 
        approaches, techniques, or methodologies for which a proposed 
        rule will be issued pursuant to paragraph (1). The 
        Administrator shall include risk assessment approaches, 
        techniques, or methodologies that utilize epidemiological data. 
        In the case of an approach, a technique, or a methodology not 
        in use prior to the date of enactment of this Act, the 
        Administrator shall develop rules to govern the distinctive use 
        of the approach, technique, or methodology before using the 
        approach, technique, or methodology in a risk assessment.

SEC. 5. RISK ASSESSMENT REVIEW.

    (a) Review Procedures.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue procedures, in 
accordance with section 3, for the review and revision of a risk 
assessment completed prior to the enactment of this Act or the issuance 
of final risk assessment rules under section 6.
    (b) Basis for Review.--
            (1) Criteria for review.--A review of a risk assessment in 
        accordance with the procedures issued under subsection (a) 
        shall be conducted by the Administrator on the written petition 
        of a person if--
                    (A) the risk assessment is inconsistent with the 
                principles set forth in section 3;
                    (B) the risk assessment is inconsistent with a rule 
                issued under section 4; or
                    (C) the risk assessment does not take into account 
                significant new scientific data or scientific 
                understanding.
            (2) Response to petition.--Not later than 60 days after 
        receiving a petition under paragraph (1), the Administrator 
        shall respond to the petition by agreeing or declining to 
        review the risk assessment referred to in the petition, and 
        shall state the basis for the decision.
            (3) Judicial review.--Denial of a petition by the 
        Administrator shall be subject to judicial review in accordance 
        with chapter 7 of title 5, United States Code.

SEC. 6. FINAL RULES.

    (a) Notice and Comment Procedures.--Not later than 270 days after 
the date of enactment of this Act, in accordance with section 553 of 
title 5, United States Code, the Administrator shall publish in the 
Federal Register a list of risk assessment approaches, techniques, or 
methodologies for which a rule shall be issued under subsection (b), 
after taking into account comments by the public, Federal agencies, 
States, municipalities, experts in the scientific community, and such 
other persons as the Administrator considers advisable.
    (b) Issuance of Final Rules.--Not later than 1 year after the date 
of enactment of this Act, in accordance with sections 3 and 4 of this 
Act and section 553 of title 5, United States Code, the Administrator 
shall publish in the Federal Register final rules, after taking into 
account comments by the public, Federal agencies, States, 
municipalities, experts in the scientific community, and such other 
persons as the Administrator considers advisable.

SEC. 7. PRIVATE RIGHTS OF ACTION PRECLUDED.

    Nothing in this Act shall give rise to a private right of action 
seeking damages against the United States or against an agency or 
instrumentality of the United States.
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