[Congressional Record Volume 143, Number 145 (Friday, October 24, 1997)]
[Senate]
[Pages S11197-S11200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Baucus):
  S. 1317. A bill to amend the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 to expand the opportunity for 
health protection for citizens affected by hazardous waste sites; to 
the Committee on Environment and Public Works.


                the environmental health protection act

  Mr. LAUTENBERG. Mr. President, all across America toxic time bombs 
lurk beneath the soil. Many of our families find their futures poisoned 
by a long-gone industrial past.
  And sadly we've made our families--especially our children--the 
canaries in the coal mine. Only after they've been stricken, do we move 
on the danger.
  We need to change our emphasis.
  Mr. President, we should help local communities meet the health 
treats bubbling up from toxic waste sites. That is why I am today 
introducing the Environmental Health Protection Act--legislation to 
require the Agency for Toxic Substances and Disease Registry [ASTDR] to 
actively work with local community health and safety leaders both to 
design and train local health authorities to better manage a potential 
toxic hazard and to design site-specific remedies and monitoring 
systems.
  Today, the ranking member of the Environmental and Public works 
Committee, Senator Baucus, is joining with me in introducing 
legislation to significantly boost the role that public health 
considerations play in Superfund decisions.
  Mr. President, the potential health hazard posed from toxic waste 
dumps is great and growing.
  According to a recent study of 136 Superfund toxic waste sites by the 
Agency for Toxic Substance and Disease Registry [ASTDR], more than half 
the sites they examined represent serious, ongoing public health 
hazards. ATSDR placed an additional 23 percent of toxic waste sites in 
an indeterminate hazard category because they potentially pose a long-
term risk to human life.
  Communities and community leaders must have the tools and resources 
to meet these potential disaster--just like we prepare communities to 
meet potential natural disasters.
  ATSDR recently determined that 11 million Americans reside within 1 
mile of the 1,309 Superfund National Priority List [NPL] sites. These 
families are at particular risk from the hazardous substances wafting 
through the air they breath or oozing into water they drink.
  The problems that communities face from toxic waste dumps are immense 
and complicated by the need for specialized knowledge, training and 
skills to address toxic waste problems. Dr. Barry Johnson of the ATSDR 
recently testified before the Superfund Subcommittee of the Senate 
Environment and Public Works Committee about the kinds of health 
problems communities face. He told the committee that:
  ATSDR health investigations at hazardous waste sites across the 
country found that nearby residents were exposed to increased health 
risk from a wide variety of maladies including: birth defects; nerve 
damage; skin disorders; leukemia; cardiovascular abnormalities; 
respiratory problems, and immune disorders.
  Two sets of studies in my home State of New Jersey--one carried out 
by the Environmental Protection Agency [EPA] and the other by the New 
Jersey School of Medicine and Dentistry--showed an increase in cancer 
cases in counties surrounding hazardous waste sites. The New Jersey 
Medicine study by Dr. G. Najem found that age-adjusted gastrointestinal 
cancer morality rates were higher in 20 of New Jersey's 21 counties 
than national rates.
  An ATSDR 1995 study of residents of Forest City and Glover, MO, who 
live near Superfund sites, showed an increase in reports of breathing 
disorders and decreased pulmonary function; especially among nonsmoking 
women.
  Compilation of studies in California report the occurrence of an 
increased risk of birth defects in the children of women living near 
the State's 700 hazardous waste sites.
  The results of another recent study funded by ATSDR and performed by 
the New Jersey Department of Health, are particularly disturbing and, 
understandably, have frightened many of my constituents in the town of 
Maywood, NJ. The study reviewed data gathered on 15,000 residents 
living near Superfund sites and found the incidence of brain cancers 
running at 50 percent above the expected level. In addition, the study 
found cancer clusters--areas with unusually high rates of certain forms 
of cancer--existing in Ocean County and distressing 50 percent increase 
in various kinds of childhood cancers.
  In short, ATSDR research demonstrates how important it is to the 
health of Americans living near Superfund sites to clean up those sites 
as quickly as possible. And this is no small task.
  Communities struggling to come to grips with the potential health 
hazards of a toxic waste dump are too often left to fend for 
themselves. No one agency is specifically charged with coordinating the 
various health-relief efforts these families need.

[[Page S11198]]

  Currently, EPA uses a risk assessment process to write plans for 
dealing with the problems posed by toxic sites. As a result, the 
selection of containment as a remedy rather than removing the toxins 
from a site has grown to 30 percent of the EPA remedy decisions. If 
containment is to work for the communities surrounding Superfund and 
other toxic sites, we must increase health monitoring and provide other 
health care assistance, advice, and tools to those living with near 
these sites.
  Congress established ATSDR specifically to address possible health 
problems arising from Superfund sites. Now is the time to use what we 
have learned and to actively involve local communities in their efforts 
to meet the health challenges posed by the hazardous waste sites. This 
bill requires ATSDR to do just that.
  First, my bill both allows ATSDR to study any location where there is 
concern that hazardous wastes threatens public health and requires that 
ATSDR work closely with State and local health officials in making its 
assessment. Presently, Mr. President, State and local health and 
environmental officials are only required to be involved at sites 
listed on the Environmental Protection Agency's national list of 
priority sites--the National Priority List [NPL]. By mandating that 
ATSDR work with the State and local officials from the get-go at any 
potential site, we will be insuring the understanding, cooperation, and 
consultation necessary to effective environmental cleanup exists in a 
community.
  Second, critics frequently complain that ATSDR's health assessments 
are completed too late in the process to be of any real use to the 
local officials struggling to manage the health impact of a hazardous 
waste site on a community. This bill changes the way EPA and the health 
authorities do their job. It requires EPA to notify local and State 
health officials early in the process that an investigation is 
commencing and to better coordinate its activities with local 
authorities so that EPA's proposed remedy better reflects local 
conditions and needs.
  Third, this bill requires EPA to directly involve State and local 
health officials in decisions concerning analysis and sampling methods 
used at hazardous sites. State and local health officials are often the 
frontline experts. They have important first-hand information on how a 
toxic waste dump affects their community. Working with EPA, they can 
better determine and analyze possible health problems patterns in a 
community and whether that arises from a toxic waste dump. With this 
information, EPA can zero-in on those areas for additional sampling and 
further studies and design a site appropriate remedy that meets the 
special circumstances of the affected community.
  Fourth--and this is critically important--better training and up-to-
date information are essential to helping communities deal with 
hazardous waste sites. This legislation will ensure that State and 
local health officials receive the training and technical information 
they need to diagnose and treat environmental health problems, and it 
will also empower local authorities to help EPA make appropriate, site-
specific decisions about clean up remedies.
  Fifth, this bill requires that when EPA selects to leave toxic wastes 
in place, then EPA must work with local health officials to design a 
site specific health monitoring program. This will be paid for by the 
parties responsible for the hazard, and those requirements will become 
an enforceable part of any clean up agreement. It will no longer be 
adequate for a polluter to simply build a fence around a toxic waste 
site and hope the toxins stay in and community residents stay out. 
EPA's remedy must now ensure that the health of the residents in the 
line of fire is protected first, foremost, and always. And, when EPA 
revisits a site to evaluate whether the clean up is working, EPA will 
now specifically have to consider the recommendations of local health 
officials on the effectiveness and appropriateness of the solution.
  Since the Superfund amendments of 1986, the communities near 
hazardous waste sites have appealed to us to strengthen the public 
health requirements of the law. A major focus of our efforts in 
cleaning up toxic waste must be the health of our people. This bill 
will put community health and safety back at the top of the Superfund 
agenda. It will increase the information available to the public and 
cooperation between public health officials at all levels of 
government. It will result in health considerations being made a 
central part of any discussions of clean up strategies and effective 
long-term monitoring of toxic waste sites. This bill will ensure that 
the remedy chosen by EPA better protects the millions of Americans who 
live around our nation's hazardous waste sites.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1317

       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 ``Environmental Health 
     Protection Act of 1997''.

     SEC. 2. DEFINITIONS.

       (a) General Definitions.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601) is amended by adding at the end the 
     following:
       ``(39) ATSDR.--The term `ATSDR' means the Agency for Toxic 
     Substances and Disease Registry.''.
       (b) Definitions in the Public Participation Section.--
       (1) In general.--Section 117 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9617) is amended--
       (A) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively; and
       (B) by inserting after the section heading the following:
       ``(a) Definitions.--In this section:
       ``(1) Affected community.--The term `affected community' 
     means a group of 2 or more individuals who may be affected by 
     the release or threatened release of a hazardous substance, 
     pollutant, or contaminant from a covered facility.
       ``(2) Covered facility.--The term `covered facility' means 
     a facility--
       ``(A) that has been listed or proposed for listing on the 
     National Priorities List;
       ``(B) at which the Administrator is undertaking a removal 
     action that it is anticipated will exceed--
       ``(i) in duration, 1 year; or
       ``(ii) in cost, the funding limit under section 104; or
       ``(C) with respect to which the Administrator of ATSDR has 
     approved a petition requesting a health assessment or other 
     related health activity under section 104(i)(6)(B).
       ``(3) Waste site information office.--The term `waste site 
     information office' means a waste site information office 
     established under subsection (j).''.
       (2) Conforming amendments.--
       (A) Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 is amended--
       (i) in section 111(a)(5) (42 U.S.C. 9611), by striking 
     ``117(e)'' and inserting ``117(f)'';
       (ii) in section 113(k)(2)(B) (42 U.S.C. 9613)--

       (I) in clause (iii), by striking ``117(a)(2)'' and 
     inserting ``117(b)(2)''; and
       (II) in the third sentence, by striking ``117(d)'' and 
     inserting ``117(e)''.

       (B) Section 2705(e) of title 10, United States Code, is 
     amended--
       (i) by striking ``117(e)'' and inserting ``117(f)''; and
       (ii) by striking ``(42 U.S.C. 9617(e))'' and inserting 
     ``(42 U.S.C. 9617(f))''.

     SEC. 3. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

       (a) Notice to Health Authorities.--Section 104(b) of 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9604(b)) is amended by 
     adding at the end the following:
       ``(3) Notice to health authorities.--The President shall 
     notify State, local, and tribal public health authorities 
     whenever a release or a hazardous substance, pollutant, or 
     contaminant has occurred, is occurring, or is about to occur, 
     or there is a threat of such a release, and the release or 
     threatened release is under investigation pursuant to this 
     section.''.
       (b) Amendments Relating to ATSDR.--Section 104(i) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9604(i)) is amended--
       (1) in paragraph (1)--
       (A) in the second sentence, by striking ``and appropriate 
     State and local health officials'' and inserting ``the Indian 
     Health Service, and appropriate State, tribal, and local 
     health officials'';
       (B) in subparagraphs (A) and (C), by inserting ``and Indian 
     tribes'' after ``States''; and
       (C) by striking the last sentence and inserting the 
     following flush sentence: ``In a public health emergency, 
     exposed persons shall be eligible for referral to licensed or 
     accredited health care providers.'';
       (2) in paragraph (3)--
       (A) in the matter following subparagraph (C)--
       (i) by striking the sentence beginning ``The profiles 
     required'';

[[Page S11199]]

       (ii) in the sentence beginning ``The profiles prepared'', 
     by inserting before the period at the end the following: 
     ``and of substances not on the list, but that have been 
     detected at covered facilities (within the meaning of section 
     117) and are determined by the Administrator of ATSDR to pose 
     a significant potential threat to human health due to their 
     known or suspected toxicity to humans and the potential for 
     human exposure to such substances at such facilities.'';
       (iii) in the sentence beginning ``Profiles required 
     under'', by striking ``, but no less often'' and all that 
     follows through the period at the end and inserting ``if the 
     Administrator of ATSDR determines that there is significant 
     new information.''; and
       (iv) in the last sentence, by inserting ``and Indian 
     tribes'' after ``States''; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Evaluations of the cumulative effects (including 
     synergistic effects) of other chemicals.'';
       (3) in paragraph (4)--
       (A) in the first sentence, by striking ``State officials'' 
     and inserting ``State, tribal,''; and
       (B) in the second sentence, by inserting ``or Indian 
     tribes'' after ``States'';
       (4) in paragraph (5)(A)--
       (A) in the first sentence, by inserting ``and the Indian 
     Health Service'' after ``Public Health Service'';
       (B) in the second sentence, by inserting after ``program of 
     research'' the following: ``conducted directly or by such 
     means as cooperative agreements and grants with appropriate 
     public and nonprofit institutions. The program shall be''; 
     and
       (C) in the last sentence--
       (i) in clause (iii), by striking ``and'' at the end;
       (ii) by redesignating clause (iv) as clause (vi); and
       (iii) by inserting after clause (iii) the following:
       ``(iv) laboratory and other studies that can lead to the 
     development of innovative techniques for predicting organ-
     specific, tissue-specific, and system-specific acute and 
     chronic toxicity associated with a covered facility; and
       ``(v) laboratory and other studies to determine the health 
     effects of substances commonly found in combination with 
     other substances, and the short, intermediate, and long-term 
     cumulative health effects (including from synergistic 
     impacts).'';
       (5) in paragraph (6)--
       (A) by striking ``(6)(A) The Administrator'' and all that 
     follows through the end of subparagraph (A) and inserting the 
     following:
       ``(6) Health assessments and related health activities.--
       ``(A) Requirements.--The Administrator of ATSDR shall 
     perform a health assessment or related health activity 
     (including, as appropriate, biomedical testing, clinical 
     evaluations, medical monitoring, and referral to accredited 
     health care providers or any other health activity authorized 
     in this subsection) for each covered facility (as defined in 
     section 117(a)).'';
       (B) in subparagraph (B)--
       (i) in the first sentence, by inserting ``or other health 
     related activity'' after ``health assessments'';
       (ii) in the second sentence, by inserting ``or other health 
     related activity'' after ``health assessment''; and
       (iii) in the third sentence--

       (I) by inserting ``or other health related activity'' after 
     ``health assessment'' the first place it appears; and
       (II) by striking ``a health assessment'' the second place 
     it appears and inserting ``the requested activity'';

       (C) in subparagraph (C)--
       (i) in the first sentence--

       (I) by inserting ``or other health related activity'' after 
     ``health assessments''; and
       (II) by striking ``existing health assessment data'' and 
     inserting ``data from existing health assessments or related 
     activity''; and

       (ii) in the second sentence, by inserting ``or other health 
     related activity'' after ``health assessments'';
       (D) in subparagraph (D), by adding at the end the 
     following: ``The President and the Administrator of ATSDR 
     shall obtain and exchange facility characterization data and 
     other information necessary to make a public health 
     determination sufficiently before the completion of a 
     remedial investigation and feasibility study to allow full 
     consideration of the public health implications of a release, 
     but in no circumstance shall the President delay the progress 
     of a remedial action pending completion of a health 
     assessment or other health related activity. When 
     appropriate, the Administrator of ATSDR shall, in cooperation 
     with State and local health officials, provide to the 
     President recommendations for sampling environmental media. 
     To the extent practicable, the President shall incorporate 
     the recommendations into facility characterization 
     activities.'';
       (E) in the first sentence of subparagraph (E), by striking 
     ``or political subdivision carrying out a health assessment'' 
     and inserting ``Indian tribe, or political subdivision of a 
     State carrying out a health assessment or related health 
     activity'';
       (F) in subparagraph (F)--
       (i) by striking ``(F) For the purpose of health 
     assessments'' and inserting the following:
       ``(F) Definition of health assessments.--
       ``(i) In general.--For the purpose of health assessments or 
     related activity'';
       (ii) in the first sentence--

       (I) by inserting ``(including children and other highly 
     susceptible or highly exposed populations)'' after ``human 
     health'';
       (II) by striking ``existence of potential'' and inserting 
     ``past, present, or future potential'';
       (III) by striking ``and the comparison'' and inserting 
     ``the comparison''; and
       (IV) by striking the period at the end and inserting ``and 
     the cumulative effects (including synergistic effects) of 
     chemicals.''; and

       (iii) by striking the second sentence and inserting the 
     following:
       ``(ii) Provision of data.--The Administrator shall consider 
     information provided by State, Indian tribe, and local health 
     officials and the affected community (including a community 
     advisory group, if 1 has been established under subsection 
     (g)) as is necessary to perform a health assessment or other 
     related health activity.'';
       (G) in the last sentence of subparagraph (G)--
       (i) by striking ``In using'' and all that follows through 
     ``to be taken'' and inserting ``In performing health 
     assessments''; and
       (ii) by inserting before the period at the end the 
     following: ``and shall give special consideration, where 
     appropriate, to any practices of the affected community that 
     may result in increased exposure to hazardous substances, 
     pollutants, or contaminants, such as subsistence hunting, 
     fishing, and gathering''; and
       (H) in subparagraph (H)--
       (i) in the first sentence--

       (I) by inserting ``or other health related activity'' after 
     ``health assessment''; and
       (II) by striking ``each affected State'' and inserting 
     ``appropriate State, Indian tribe, and local health officials 
     and community advisory groups and waste site information 
     offices; and

       (ii) in the second sentence, by inserting ``or other health 
     related activity'' after ``health assessment'';
       (7) in paragraph (7)--
       (A) by striking ``pilot'' each place it appears;
       (B) by inserting ``or other related health activity'' after 
     ``health assessment'' each place it appears; and
       (C) in subparagraph (A), by inserting ``covered 
     facilities'' after the ``individuals'';
       (8) in paragraph (10)--
       (A) by striking ``two years'' and all that follows through 
     ``thereafter'' and inserting ``Every 2 years'';
       (B) by striking ``and'' at the end of subparagraph (D);
       (C) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(F) the health impacts on Indian tribes of hazardous 
     substances, pollutants, and contaminants from covered 
     facilities.'';
       (9) in paragraph (14)--
       (A) by striking ``distribute to the States, and upon 
     request to medical colleges, physicians, and'' and inserting 
     the following: ``distribute--
       ``(A) to the States and local health officials, and upon 
     request to medical colleges, medical centers, physicians, 
     nursing institutions, nurses, and'';
       (B) by striking ``methods of diagnosis and treatment'' and 
     inserting ``methods of prevention, diagnosis, and 
     treatment'';
       (C) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following:
       ``(B) to the community potentially affected by a facility 
     appropriate educational materials, facility-specific 
     information, and other information on human health effects of 
     hazardous substances using available community information 
     networks, including, if appropriate, a community advisory 
     group or a waste site information office established under 
     section 117.'';
       (10) in the last sentence of paragraph (15), by striking 
     ``through cooperative'' and all that follows through ``which 
     the Administrator'' and inserting the following: ``through 
     grants to, or cooperative agreements or contracts with, 
     States (or political subdivisions of States) or other 
     appropriate public authorities or private nonprofit entities, 
     public or private institutions, colleges or universities 
     (including historically black colleges and universities), or 
     professional associations that the Administrator''; and
       (11) by adding at the end the following:
       ``(19) Community health programs.--When appropriate, using 
     existing health clinics and health care delivery systems, the 
     Administrator of ATSDR shall facilitate the provision of 
     environmental health services (including testing, diagnosis, 
     counseling, and community health education) in communities 
     that--
       ``(A) may have been, or may be, subject to exposure to a 
     hazardous substance, pollutant, or contaminant from a covered 
     facility; and
       ``(B) have a medically underserved population (as defined 
     in section 330(b) of the Public Health Service Act (42 U.S.C. 
     254b(b)) or lack sufficient expertise in environmental 
     health.
       ``(20) Public health education.--
       ``(A) In general.--If the Administrator of ATSDR considers 
     it appropriate, the Administrator of ATSDR, in cooperation 
     with State, Indian tribe, and other interested Federal and 
     local officials, shall conduct health education activities to 
     make a community near a covered facility aware of the steps 
     the community may take to mitigate or prevent

[[Page S11200]]

     exposure to hazardous substances and the health effects of 
     hazardous substances.
       ``(B) Environmental medical experts.--The health education 
     activities may include providing access and referrals to 
     environmental health experts.
       ``(C) Dissemination.--In disseminating public health 
     information under this paragraph relating to a covered 
     facility, the Administrator of ATSDR shall use community 
     health centers, area health education centers, or other 
     community information networks, including a community 
     advisory group, a technical assistance grant recipient, or a 
     waste site information office established under section 
     117.''.
       (b) Public Health Recommendations in Remedial Actions.--
     Section 121(c) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) 
     is amended in the first sentence by inserting after ``such 
     remedial action'' the second place it appears the following: 
     ``, including public health recommendations and decisions 
     resulting from activities under section 104(i),''.
       (c) Study of Multiple Sources of Risk.--
       (1) In general.--The Administrator of the Agency for Toxic 
     Substances and Disease Registry (referred to in this 
     subsection as ``ATSDR''), in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     conduct a study relating to the identification, assessment, 
     and management of, and response to, multiple sources of 
     exposure affecting or potentially affecting a community.
       (2) Components.--In conducting the study, the Administrator 
     of ATSDR may--
       (A) examine various approaches to protect communities 
     affected or potentially affected by multiple sources of 
     exposure to hazardous substances; and
       (B) include recommendations that the President may consider 
     in developing an implementation plan to address the effects 
     or potential effects of exposure at covered facilities (as 
     defined in Section 117(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9617(a)).
                                 ______