[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]

 
               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

  The Senate continued with the consideration of the bill.


                           Amendment No. 1720

    (Purpose: To require risk assessment and cost-benefit analysis 
 regarding major human health or environmental regulations promulgated 
                by the Environmental Protection Agency)

  Mr. JOHNSTON. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Johnston] proposes an 
     amendment numbered 1720.

  Mr. JOHNSTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is 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 for 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 another 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) Substantially 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 therefore 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, its 
     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.
  Mr. JOHNSTON. Mr. President, this is an amendment on risk assessment. 
It will be agreed to later.
  But I ask unanimous consent that it be temporarily laid aside. I see 
Senator Baucus is here. But I think Senator Chafee wanted time to 
prepare a statement.
  I ask unanimous consent that amendment be temporarily laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN addressed the Chair.
  The PRESIDING OFFICER. Does the Senator from Louisiana yield the 
floor?
  Mr. JOHNSTON. Yes, Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut [Mr. Lieberman], 
is recognized.
  Mr. LIEBERMAN. I thank the Chair.


                           Order of Procedure

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that I be 
allowed to proceed for up to 5 minutes as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, I thank the Chair.

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