II 109th CONGRESS 1st Session S. 2019 IN THE SENATE OF THE UNITED STATES November 16, 2005 Mr. Smith (for himself and Mr. Baucus) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes.

1.

Short title

This Act may be cited as the Methamphetamine Remediation Research Act of 2005.

2.

Findings

Congress finds that— (1)methamphetamine use and production is growing rapidly throughout the United States; (2)some materials and chemical residues remaining from the production of methamphetamine pose novel environmental problems in locations in which methamphetamine laboratories have been closed; (3)there has been little standardization of measures for determining when the site of a former methamphetamine laboratory has been successfully remediated; (4)(A)initial cleanup actions are generally limited to removal of hazardous substances and contaminated materials that pose an immediate threat to public health or the environment; and (B)it is not uncommon for significant levels of contamination to be found throughout residential structures in which methamphetamine has been manufactured, partially because of a lack of knowledge of how to achieve an effective cleanup; (5)(A)data on methamphetamine laboratory-related contaminants of concern are very limited; (B)uniform cleanup standards do not exist; and (C)procedures for sampling and analysis of contaminants need to be researched and developed; and (6)many States are struggling with establishing assessment and remediation guidelines and programs to address the rapidly expanding number of methamphetamine laboratories being closed each year.

3.

Voluntary guidelines

(a)

Establishment of voluntary guidelines

Not later than 1 year after the date of enactment of this Act, the Assistant Administrator for Research and Development of the Environmental Protection Agency (referred to in this Act as the Assistant Administrator), in consultation with the National Institute of Standards and Technology, shall establish voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants. (b)

Considerations

In developing the voluntary guidelines under subsection (a), the Assistant Administrator shall consider, at a minimum— (1)relevant standards, guidelines, and requirements found in Federal, State, and local laws (including regulations); (2)the varying types and locations of former methamphetamine laboratories; and (3)the expected cost of carrying out any proposed guidelines. (c)

States

(1)

In general

The voluntary guidelines should be designed to assist State and local governments in the development and the implementation of legislation and other policies to apply state-of-the-art knowledge and research results to the remediation of former methamphetamine laboratories. (2)

Adoption

The Assistant Administrator shall work with State and local governments and other relevant non-Federal agencies and organizations, including through the conference described in section 5, to promote and encourage the appropriate adoption of the voluntary guidelines. (d)

Updating the guidelines

The Assistant Administrator shall periodically update the voluntary guidelines as the Assistant Administrator, in consultation with States and other interested parties, determines to be appropriate to incorporate research findings and other new knowledge.

4.

Research program

(a)

In general

The Assistant Administrator shall establish a program of research to support the development and revision of the voluntary guidelines described in section 3. (b)

Research

The research shall— (1)identify methamphetamine laboratory-related chemicals of concern; (2)assess the types and levels of exposure to chemicals of concern identified under paragraph (1), including routine and accidental exposures, that may present a significant risk of adverse biological effects; (3)identify the research efforts necessary to better address biological effects and to minimize adverse human exposures; (4)evaluate the performance of various methamphetamine laboratory cleanup and remediation techniques; and (5)support other research priorities identified by the Assistant Administrator in consultation with States and other interested parties.

5.

Technology transfer conference

(a)

Conference

(1)

In general

Not later than 180 days after the date of enactment of this Act and at least every third year thereafter, the Assistant Administrator shall convene a conference of appropriate State agencies, individuals, and organizations involved in research and other activities directly relating to the environmental or biological impacts of former methamphetamine laboratories. (2)

Forum

The conference should be a forum for— (A)the Assistant Administrator to provide information on the guidelines developed under section 3 and on the latest findings from the research program described in section 4; and (B)non-Federal participants to provide information on the problems and needs of States and localities and their experience with guidelines developed under section 3. (b)

Report

(1)

In general

Not later than 90 days after the date of each conference, the Assistant Administrator shall submit to Congress a report that summarizes the proceedings of the conference, including a summary of any recommendations or concerns raised by the non-Federal participants and how the Assistant Administrator intends to respond to the recommendations or concerns. (2)

Public availability

The Assistant Secretary shall make each report widely available to the general public.

6.

Residual effects study

(a)

Study

Not later than 180 days after the date of enactment of this Act, the Assistant Administrator shall offer to enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of the status and quality of research on the residual effects of methamphetamine laboratories. (b)

Content

The study shall identify research gaps and recommend an agenda for the research program described in section 4, with particular attention to the need for research on the impacts of methamphetamine laboratories on— (1)the residents of buildings in which such laboratories are, or were, located, with particular emphasis given to biological impacts on children; and (2)first responders. (c)

Report

Not later than 90 days after the date of completion of the study, the Assistant Administrator shall submit to Congress a report describing the manner in which the Assistant Administrator will use the results of the study to carry out the activities described in sections 3 and 4.

7.

Methamphetamine detection research and development program

The Director of National Institute of Standards and Technology, in consultation with the Assistant Administrator, shall support a research program to develop— (1)new methamphetamine detection technologies, with emphasis on field test kits and site detection; and (2)appropriate standard reference materials and validation procedures for methamphetamine detection testing.

8.

Savings clause

Nothing in this Act modifies or otherwise affects the regulatory authority of the Environmental Protection Agency.

9.

Authorization of appropriations

(a)

Environmental Protection Agency

There is authorized to be appropriated to the Assistant Administrator to carry out this Act $3,000,000 for each of fiscal years 2006 through 2009. (b)

National Institute of Standards and Technology

There is authorized to be appropriated to the Director of the National Institute of Standards and Technology to carry out this Act $1,500,000 for each of fiscal years 2006 through 2009.