[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

                                 ______


                       JOHNSTON AMENDMENT NO 1720

  Mr. JOHNSTON proposed an amendment to the bill (S. 2019) to 
reauthorize and amend title XIV of the Public Health Service Act 
(commonly known as the ``Safe Drinking Water Act''), and for other 
purposes; as follows:

       At the appropriate place in the bill, add a new section as 
     follows:
       Sec.   (a) Requirement.--Except as provided in subsection 
     (b), in promulgating any proposed or final major regulation 
     relating to human health or the environment, the 
     Administrator of the Environmental Protection Agency shall 
     publish in the Federal Register along with the regulation a 
     clear and concise statement that--
       (1) describes and, to the extent practicable, quantifies 
     the risks to human health or the environment to be addressed 
     by the regulation (including, where applicable and 
     practicable, the human health risks to significant 
     subpopulations who are disproportionately exposed or 
     particularly sensitive);
       (2) compares the human health or environmental risks to be 
     addressed by the regulation to other risks chosen by the 
     Administrator, including--
       (A) at least three other risks regulated by the 
     Environmental Protection Agency or other federal agency; and
       (B) at least three other risks that are not directly 
     regulated by the federal government;
       (3) estimates--
       (A) the costs to the United States Government, state and 
     local governments, and the private sector of implementing and 
     complying with the regulation; and
       (B) the benefits of the regulation; including both 
     quantifiable measures of costs and benefits, to the fullest 
     extent that they can be estimated, and qualitative measures 
     that are difficult to quantify; and
       (4) contains a certification by the Administrator that:
       (A) the analyses performed under subsection (a)(1) through 
     (a)(3) are based on the best reasonably obtainable scientific 
     information;
       (B) the regulation is likely to significantly reduce the 
     human health or environmental risks to be addressed;
       (C) there is no regulatory alternative that is allowed by 
     the statute under which the regulation is promulgated and 
     that would achieve an equivalent reduction in risk in a more 
     cost-effective manner, along with a brief explanation of why 
     other such regulatory alternatives that were considered by 
     the Administrator were found to be less cost-effective; and
       (D) the regulation is likely to produce benefits to human 
     health or the environment that will justify the costs to the 
     United States Government, state and local governments, and 
     the private sector of implementing and complying with the 
     regulation.
       (b) Sustantially Similar Final Regulations.--If the 
     Administrator determines that a final major regulation is 
     substantially similar to the proposed version of the 
     regulation with respect to each of the matters referred to in 
     subsection (a), the Administrator may publish in the Federal 
     Register a reference to the statement published under 
     subsection (a) for the proposed regulation in lieu of 
     publishing a new statement for the final regulation.
       (c) Reporting.--If the Administrator cannot certify with 
     respect to one or more of the matters addressed in 
     subsection (a)(4), the Administrator shall identify those 
     matters for which certification cannot be made, and shall 
     include a statement of the reasons therefor in the Federal 
     Register along with the regulation. Not later than March 1 
     of each year, the Administrator shall submit a report to 
     Congress identifying those major regulations promulgated 
     during the previous calendar year for which complete 
     certification was not made, and summarizing the reasons 
     therefor.
       (d) Other Requirements.--Nothing in this section affects 
     any other provision of federal law, or changes the factors 
     that the Administrator is authorized to consider in 
     promulgating a regulation pursuant to any statute, or shall 
     delay any action required to meet a deadline imposed by 
     statute or a court.
       (e) Judicial Review.--Nothing in this section creates any 
     right to judicial or administrative review, nor creates any 
     right or benefit, substantive or procedural, enforceable at 
     law or equity by a party against the United States, it 
     agencies or instrumentalities, its officers or employees, or 
     any other person. If a major regulation is subject to 
     judicial or administrative review under any other provision 
     of law, the adequacy of the certification prepared pursuant 
     to this section, and any alleged failure to comply with this 
     section, may not be used as grounds for affecting or 
     invalidating such major regulation, although the statements 
     and information prepared pursuant to this section, including 
     statements contained in the certification, may be considered 
     as part of the record for judicial or administrative review 
     conducted under such other provision of law.
       (f) Definition of Major Regulation.--For purposes of this 
     section, ``major regulation'' means a regulation that the 
     Administrator determines may have an effect on the economy of 
     $100,000,000 or more in any one year.
       (g) Effective Date.)This section shall take effect 180 days 
     after the date of enactment of this Act.
                                 ______


                       WALLOP AMENDMENT NO. 1721

  (Ordered to lie on the table.)
  Mr. WALLOP submitted an amendment intended to be proposed by him to 
the bill S. 2019, supra; as follows:

       On page 139, strike lines 2 through 6 and insert the 
     following:

     that the State determines are appropriate or applicable in 
     the State;''.
       On page 143, after line 23, insert the following new 
     subsection:
       (i) Applicability of Primary Drinking Water Regulations.--
     Section 1411 (42 U.S.C. 300G) is amended by inserting ``to 
     the extent that the State determines that the regulations are 
     appropriate or applicable'' after ``in each State''.
                                 ______


                      JOHNSTON AMENDMENT NO. 1722

  Mr. JOHNSTON proposed an amendment to the bill S. 2019, supra; as 
follows:

       At the appropriate place in the bill, add the following, 
     numbered accordingly:
       Sec.  . Amendments to the Outer Continental Shelf Lands 
     Act.--The Outer Continental Shelf Lands Act, as amended, is 
     amended by redesignating section 8(a)(3) (43 U.S.C. 
     1337(a)(3)) as section 8(a)(3)(A) and by adding at the end 
     thereof the following:
       ``(B) The Secretary may, in order to promote development 
     and new production on a producing or non-producing lease, 
     through primary, secondary, or tertiary recovery means, or to 
     encourage production of marginal or uneconomic resources on a 
     producing or non-producing lease, reduce or suspend any 
     royalty or net profit share set forth in the lease.
       ``(C)(i) Notwithstanding the provisions of this Act other 
     than this subparagraph, no royalty payment shall be due on 
     new production, as defined in clause (iii) of this 
     subparagraph, from any lease located in water depths of 200 
     meters or greater in the Western and Central Planning Areas 
     of the Gulf of Mexico, and the Eastern Planning Area of the 
     Gulf of Mexico west of the lateral seaward boundary between 
     the States of Florida and Alabama, or for any lease in the 
     frontier areas of Alaska, which shall, at a minimum, include 
     those areas with seasonal sea ice, long distances to existing 
     pipelines and ports, or a lack of production infrastructure, 
     until the capital costs directly related to such new 
     production have been recovered by the lessee out of the 
     proceeds from such new production.
       ``(ii) With respect to any lease in existence on the date 
     of enactment of the Outer Continental Shelf Deep Water 
     Royalty Relief Act meeting the requirements of this 
     subparagraph, upon application by the lessee, the Secretary 
     shall determine within ninety days of such application 
     whether new production from such lease would be economic in 
     the absence of the relief from the requirement to pay 
     royalties provided for by clause (i) of this subparagraph. In 
     making such determination, the Secretary shall consider all 
     costs associated with obtaining, exploring, developing, and 
     producing from the lease. The lessee shall be afforded an 
     opportunity to provide information to the Secretary prior to 
     such determination. Such application may be made on the basis 
     of an individual lease or unit (as defined under the 
     provisions of 30 CFR part 250). If the Secretary determines 
     that such new production would be economic in the absence of 
     the relief from the requirement to pay royalties provided for 
     by clause (i) of this subparagraph, the provisions of clause 
     (i) of this subparagraph shall not apply to such 
     production. Redetermination of the applicability of clause 
     (i) shall be undertaken by the Secretary when requested by 
     the lessee upon significant change in the factors upon 
     which the original determination was made. The Secretary 
     shall make such redetermination within sixty days of such 
     application. The Secretary may extend the time period for 
     making any determination under this clause for thirty days 
     if circumstances so warrant. The lessee shall be notified 
     in writing of any determination or redetermination and the 
     reasons for and assumptions used for such determination. 
     In the event that the Secretary fails to make the 
     determination or redetermination upon application by the 
     lessee within the time period, together with any such 
     extension thereof provided for by this clause, the relief 
     from the requirement to pay royalties provided for by 
     clause (i) shall apply to such production.
       ``(iii) For purposes of this subparagraph, the term--
       ``(aa) `capital costs' shall be defined by the Secretary 
     and shall include exploration costs incurred after the 
     acquisition of the lease and development costs directly 
     related to new production. The terms `exploration' and 
     `development' shall have the same meaning contained 
     subsection (k) and (l) of section 2 of this Act except the 
     term `development' shall also include any similar additional 
     development activities which take place after production has 
     been initiated from such lease. Such capital costs shall not 
     include any amounts paid as bonus bids but shall be adjusted 
     to reflect changes in the consumer price index, as defined in 
     section (1)(f)(4) of title 26 of the United States Code; and
       ``(bb) `new production' is--
       ``(I) any production from a lease from which no royalties 
     are due on production, other than test production, prior to 
     the date of enactment of the Outer Continental Shelf Deep 
     Water Royalty Relief Act; or
       ``(II) any production resulting from lease development 
     activities pursuant to a Development Operations Coordination 
     Document approved by the Secretary after the date of 
     enactment of the Outer Continental Shelf Deep Water Royalty 
     Relief Act; and
       ``(iv) In any month during which the arithmetic average of 
     the closing prices for the earliest delivery month on the New 
     York Mercantile Exchange for Light Sweet crude oil exceeds 
     $28.00 per barrel, any production of oil subject to relief 
     from the requirement to pay royalties under clause (i) of 
     this subparagraph shall be subject to royalties at the lease 
     stipulated rate, and the lessee's gross proceeds from such 
     oil production, less Federal royalties during such month 
     shall be counted toward the recovery of capital costs under 
     clause (i) of this subparagraph.
       ``(v) In any month during which the arithmetic average of 
     the closing prices for the earliest delivery month on the New 
     York Mercantile Exchange for natural gas exceeds $3.50 per 
     million British thermal units, any production of natural gas 
     subject to relief from the requirement to pay royalties under 
     clause (i) of this subparagraph shall be subject to royalties 
     at the lease stipulated rate, and the lessee's gross proceeds 
     from such natural gas production, less Federal royalties, 
     during such month shall be counted toward the recovery of 
     capital costs under clause (i) of this subparagraph.
       ``(vi) The prices referred to in clauses (iv) and (v) of 
     this subparagraph shall be changed during any calendar year 
     after 1994 by the percentage if any by which the consumer 
     price index changed during the preceding calendar year, as 
     defined in section (1)(f)(4) of title 26 of the United States 
     Code.''.
       Sec.   . Regulations.--The Secretary shall promulgate such 
     rules and regulations as are necessary to implement the 
     provisions of this Act within one hundred and eighty days 
     after the date of enactment of this Act.
       Sec.   . Area-Wide Leasing.--The Secretary shall not 
     implement the system of tract nomination for oil and gas 
     leasing in the Central and Western Planning Areas of the Gulf 
     of Mexico under the Outer Continental Shelf Lands Act, and 
     shall use the existing area-wide system of leasing in such 
     areas.
       Sec.   . Report to Congress.--(a) The Secretary shall 
     review Federal regulations and policies within the 
     Secretary's jurisdiction which create barriers and 
     disincentives that unnecessarily preclude new production, or 
     result in premature abandonment or suspension of existing 
     production of oil and gas on Federal lands, including the 
     Outer Continental Shelf. Such review, conducted with the 
     participation of all interested parties, shall assess how 
     Federal policies could be modified to reduce compliance costs 
     and improve the cash flow of oil and gas operations on 
     Federal lands. The review shall include administrative 
     compliance, royalty collection, timing of operational and 
     production management requirements, such as permanent 
     plugging and abandonment of wells, and any other requirements 
     which unduly burden natural gas and oil exploration, 
     production and transportation on Federal lands.
       (b) The Secretary shall evaluate the impact, if any, of 
     current royalty rates for oil and gas on Federal lands, both 
     onshore and offshore, on the viability of undeveloped fields 
     by general category, such as production volume, crude 
     quality, water depth, and distance from existing 
     infrastructure. The review shall be based on current industry 
     technology and cost information, and shall assess how a 
     reduction in Federal oil and natural gas royalties would 
     encourage development.
       (c) The Secretary shall report to the Committee on Energy 
     and Natural Resources of the United States Senate and to the 
     United States House of Representatives on the review required 
     by this section and actions taken as recommended pursuant to 
     such review, or the reason such actions have not been taken, 
     within ninety days of the date of enactment of this Act.
                                 ______


                 BOXER (AND BRADLEY) AMENDMENT NO. 1723

  Mrs. BOXER (for herself and Mr. Bradley) proposed an amendment to the 
bill S. 2019, supra; as follows:

       On Page 86, line 20, insert after paragraph (B) the 
     following new subsection:
       ``(f) Water Well Pumps and Water Well System Component 
     Parts.--
       (1) The Administrator shall, within one year from the date 
     of enactment, complete a report reviewing data and 
     information on the leaching of lead from water well pumps and 
     water well system component parts (not to include above-
     ground pipes, pipe fittings and fixtures specified under 
     subsection(e)) that come into contact with drinking water and 
     the adequacy of voluntary consensus standards for protecting 
     the health of persons from the leaching of lead. In 
     conducting a review under this paragraph, the Administrator 
     shall identify the potential health risks to children and 
     other vulnerable subpopulations associated with water well 
     pumps and water well system component parts.
       (2) Not later than two years after the date of enactment of 
     this paragraph, if the Administrator determines that a 
     voluntary consensus standard is not effectively protecting 
     the health of persons, then the Administrator shall establish 
     a health-effects based performance standard and testing 
     protocol for the maximum leaching of lead from water well 
     pumps and water well system components parts (not to include 
     above-ground pipes, pipe fittings and fixtures specified 
     under subsection (e)) in water well systems that come into 
     contact with drinking water.
       (3) It shall be a violation of this Act to import, 
     manufacture, sell, distribute or install a water well pump or 
     water well system component parts (not to include above-
     ground pipes, pipe fittings and fixtures specified in 
     subsection (e)) that leach lead above the maximum level 
     identified in the standard established by the Administrator 
     under paragraph (2)).
       (4) Not later than 180 days after the date of enactment of 
     this subsection, the Administrator shall request information 
     as is reasonably required to assist the Administrator in 
     carrying out the requirements of this subsection.''
       On page 86, line 21, strike ``(f)'' and insert ``(g)'' in 
     lieu thereof.
                                 ______


                      JEFFORDS AMENDMENT NO. 1724

  Mr. CHAFEE (for Mr. Jeffords) proposed an amendment to amendment No. 
1723 proposed by Mrs. Boxer to the bill S. 2019, supra; as follows:

       In the subsection (f) proposed to be inserted, strike the 
     quotation marks at the end and insert the following new 
     paragraph:
       ``(5) Report on leaking oil from submersible well pumps.--
       ``(A) Study.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall 
     complete a study that--
       ``(i) reviews data and information on the leaking of oil, 
     including nonfood grade oil and food grade oil, and 
     polychlorinated biphenyls from well pumps that come into 
     contact with drinking water in private wells and wells in 
     public water systems; and
       ``(ii) identifies potential health risks from the leaking 
     oil and polychlorinated biphenyls in wells.
       ``(B) Report.--Not later than 18 months after the date of 
     enactment of this subsection, the Administrator shall publish 
     a report, to be provided to the environmental agency of each 
     State for distribution to the public, that--
       ``(i) identifies each pump that presents a health risk 
     referred to in subparagraph (A), including the manufacturer 
     and model number of the pump; and
       ``(ii) provides recommendations on precautions to be taken 
     to avoid the risk, such as the replacement of the pump, 
     cleaning of the well and plumbing system in which the pump is 
     located, and testing of the well after the removal of the 
     pump.
                                 ______


                D'AMATO (AND OTHERS) AMENDMENT NO. 1725

  Mr. D'AMATO (for himself, Mr. Moynihan, Mr. Jeffords, Mr. Leahy, Mr. 
Levin, and Mr. Chafee) proposed an amendment to the bill S. 2019, 
supra; as follows:

       On page 143, after line 23, add the following new 
     subsection:
       (i) Estrogenic Substances Screening Program.--Section 1442 
     (42 U.S.C. 300j-1) (as amended by section 11(a)(10)) is 
     further amended by adding at the end the following new 
     subsection:
       ``(j) Sceening Program.--
       ``(1) Development.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall develop 
     a screening program, using appropriate validated test 
     systems, to determine whether certain substances may have an 
     effect in humans that is similar to an effect produced by a 
     naturally occurring estrogen, or such other endocrine effect 
     as the Administrator may designate.
       ``(2) Implementation.--Not later than 2 years after the 
     date of enactment of this subsection, after obtaining review 
     of the screening program described in paragraph (1) by the 
     scientific advisory panel established under section 25(d) of 
     the Act of June 25, 1947 (chapter 125), and the Science 
     Advisory Board established by section 8 of the Environmental 
     Research, Development, and Demonstration Act of 1978 (42 
     U.S.C. 4365), the Administrator shall implement the program.
       ``(3) Substances.--In carrying out the screening program 
     described in paragraph (1), the Administrator shall provide 
     for the testing of all active and inert ingredients used in 
     products described in section 103(e) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9603(e)), and may provide for the testing of 
     any other substance if the Administrator determines that a 
     widespread population may be exposed to the substance.
       ``(4) Exemption.--Notwithstanding paragraph (3), the 
     Administrator may, by regulation, exempt from the 
     requirements of this subsection a biologic substance or other 
     substance if the Administrator determines that the substance 
     does not have any effect in humans similar to an effect 
     produced by a naturally occurring estrogen.
       ``(5) Collection of information.--
       ``(A) In general.--The Administrator shall issue an order 
     to a person that manufactures a substance for which testing 
     is required under this subsection to conduct testing in 
     accordance with the screening program described in paragraph 
     (1), and submit information obtained from the testing to the 
     Administrator, within a time period that the Administrator 
     determines is sufficient for the generation of the 
     information.
       ``(B) Failure to submit information.--
       ``(i) Suspension.--If a person referred to in subparagraph 
     (A) fails to submit the information required under such 
     subparagraph within the time period established by the order, 
     the Administrator shall issue a notice of intent to suspend 
     the sale or distribution of the substance by the person. Any 
     suspension proposed under this subparagraph shall become 
     final at the end of the 30-day period beginning on the date 
     that the person receives the notice of intent to suspend, 
     unless during that period a person adversely affected by the 
     notice requests a hearing or the Administrator determines 
     that the person referred to in subparagraph (A) has complied 
     fully with this paragraph.
       ``(ii) Hearing.--If a person requests a hearing under 
     clause (i), the hearing shall be conducted in accordance with 
     section 554 of title 5, United States Code. The only matter 
     for resolution at the hearing shall be whether the person has 
     failed to submit information required under this paragraph. A 
     decision by the Administrator after completion of a hearing 
     shall be considered to be a final agency action.
       ``(iii) Termination of suspensions.--The Administrator 
     shall terminate a suspension under this subparagraph issued 
     with respect to a person if the Administrator determines that 
     the person has complied fully with this paragraph.
       ``(6) Agency action.--In the case of any substance that is 
     found to have a potential adverse effect on humans as a 
     result of testing and evaluation under this subsection, the 
     Administrator shall take such action, including appropriate 
     regulatory action by rule or by order under statutory 
     authority available to the Administrator, as is necessary to 
     ensure the protection of public health.
       ``(7) Report to congress.--Not later than 4 years after the 
     date of enactment of this subsection, the Administrator shall 
     prepare and submit to Congress a report containing--
       ``(A) the findings of the Administrator resulting from the 
     screening program described in paragraph (1);
       ``(B) recommendations for further testing and research 
     needed to evaluate the impact on human health of the 
     substances tested under the screening program; and
       ``(C) recommendations for any further actions (including 
     any action described in paragraph (6)) that the Administrator 
     determines are appropriate based on the findings.''.
                                 ______


                  ROBB (AND WARNER) AMENDMENT NO. 1726

  Mr. ROBB (for himself and Mr. Warner) proposed an amendment to the 
bill S. 2019, supra; as follows:

       On page 141, between lines 2 and 3, insert the following 
     new subsection:
       (g) Hardship Community Demonstration Program.--Section 1444 
     (42 U.S.C. 300j-3) is amended by adding at the end the 
     following new subsection:
       ``(e) Hardship Community Demonstration Program.--
       ``(1) In general.--The State agency administering a loan 
     fund pursuant to part G in the State of Virginia (referred to 
     in this subsection as the `State agency') may conduct a 
     program in accordance with this subsection to demonstrate 
     alternative approaches to intergovernmental coordination in 
     the financing of drinking water projects in rural communities 
     in southwestern Virginia that are experiencing severe 
     economic hardship.
       ``(2) Regional assistance fund.--
       ``(A) Establishment.--The State agency may establish a 
     regional endowment fund (referred to in this subsection as 
     the `regional fund') to assist in financing projects that are 
     eligible under this subsection.
       ``(B) Use of regional fund.--The State agency shall invest 
     amounts in the regional fund and shall use interest earned on 
     amounts in the regional fund to pay a portion of the non-
     Federal share of a Federal grant to assist a project that is 
     eligible under this subsection. Interest earned on amounts in 
     the regional fund shall not be considered to be Federal 
     funds.
       ``(C) Deposits to regional fund.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, the State agency may deposit into the regional 
     fund $2,000,000 from funds made available pursuant to section 
     1472 for each of fiscal years 1994 through 1997, if there are 
     commitments to deposit into the regional fund a total of not 
     less than 25 percent of that amount from non-Federal sources.
       ``(ii) Lesser amount.--Notwithstanding clause (i), the 
     State agency may deposit into the regional fund an amount 
     less than $2,000,000 from funds made available pursuant to 
     section 1472, if the amount deposited is equal to 3 times the 
     amount committed to be deposited into the regional fund from 
     non-Federal sources.
       ``(3) Eligible projects.--
       ``(A) In general.--Assistance provided under this 
     subsection shall meet the requirements of subsections (a), 
     (b), (c) of section 1473.
       ``(B) Eligible recipients.--Assistance under this 
     subsection shall be available only--
       ``(i) for a project that serves a disadvantaged community 
     (as defined in section 1473(e)(1)); and
       ``(ii) to a public water system located, in whole or in 
     part, in Lee County, Wise County, Scott County, Dickenson 
     County, Russell County, Buchanan County, Tazewell County, and 
     the city of Norton, Virginia.
       ``(e) Advisory group.--The State agency shall establish an 
     advisory group, including representatives of jurisdictions 
     identified in paragraph (3)(B)(ii) and other appropriate 
     parties, to assist the State agency in setting priorities for 
     the use of funds under this subsection. The advisory group 
     shall include a representative of Mountain Empire Community 
     College, Wise County, Virginia.''.
       On page 141, line 3, strike ``(g)'' and insert ``(h)''.
       On page 141, line 13, strike ``(h)'' and insert ``(i)''.

                          ____________________