[Congressional Record Volume 147, Number 42 (Tuesday, March 27, 2001)]
[Senate]
[Pages S2999-S3000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 632. A bill to reinstate a final rule promulgated by the 
Administrator of the Environmental Protection Agency, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. NELSON of Florida. Mr. President, I rise today to express my 
grave concern about the Bush administration's latest decision to roll 
back measures designed to safeguard public health. Last Tuesday, the 
administration announced it would revoke the new, safer arsenic 
standard for drinking water and revert to the standard we have had in 
effect since 1942. The administration stated that the lower standard 
for drinking water should not go into effect because there was ``no 
consensus on a particular safe level'' of arsenic in drinking water. 
The administration also claims it would cost industry too much money to 
comply with the lower standard.
  The old standard of 50 parts per billion was established almost 60 
years ago--before research linked arsenic to some forms of cancer. A 
1999 study by the National Academy of Sciences, a study mandated by 
Congress for drinking water, concluded that the current arsenic 
standard for drinking water could result in one additional case of 
cancer for every 100 people consuming such drinking water. Moreover, 
the study determined that long-term exposure to low concentrations of 
arsenic in drinking water can lead to skin, bladder, lung, and prostate 
cancer. Non-cancer effects of ingesting arsenic at these levels can 
include cardiovascular disease, diabetes and anemia as well as 
reproductive, developmental, immunological, and neurological effects. 
In response, the Environmental Protection Agency adopted a rule that 
set a new standard of 10 parts per billion which the EPA deemed safe 
for drinking water.
  This standard also has been adopted by the European Union and the 
World Health Organization.
  Is cost a sufficient reason for reversal? No. That's because Congress 
consistently has made clear that it will help states and municipalities 
with the funds necessary to provide their citizens with safe drinking 
water.
  Even the Governor of Florida recognizes the health risks of arsenic. 
Arsenic was discovered recently in the soil in playgrounds in Tarpan 
Springs, Miami and Crystal River. It leached into the soil from 
pressure-treated wood used for park boardwalks and other outdoor 
structures. Last week, Gov. Jeb Bush ordered the state's wood-treatment 
plant to stop using arsenic to treat wood. I commend him for that 
decision.
  If arsenic in the soil is dangerous for children, it only stands to 
reason that the danger is even greater when it is found in drinking 
water. The Administration should join the State of Florida in 
recognizing the danger of arsenic and restore the 10 parts per billion

[[Page S3000]]

standard. In the meantime, I am introducing legislation to restore the 
federal rule containing the new, safer drinking-water standard. The 
American people deserve clean, safe drinking water. If the 
Administration won't act, Congress must.
  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. 632

       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 ``Arsenic Reduction in 
     Drinking Water Act of 2001''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Public water system.--The term ``public water system'' 
     has the meaning given the term in section 1401 of the Safe 
     Drinking Water Act (42 U.S.C. 300f).
       (3) State.--The term ``State'' has the meaning given the 
     term in section 1401 of the Safe Drinking Water Act (42 
     U.S.C. 300f).

     SEC. 3. REINSTATEMENT OF FINAL RULE.

       On and after the date of enactment of this Act, the final 
     rule promulgated by the Administrator entitled ``Arsenic and 
     Clarifications to Compliance and New Source Contaminants 
     Monitoring'' (66 Fed. Reg. 6976 (January 22, 2001)), and the 
     amendments to parts 9, 141, and 142 of title 40, Code of 
     Federal Regulations, made by that rule, shall have full force 
     and effect.

     SEC. 4. ASSISTANCE FOR COMPLIANCE WITH ARSENIC STANDARD.

       (a) In General.--For each fiscal year for which funds are 
     made available to carry out this section, the Administrator, 
     using data obtained from the most recent available needs 
     survey conducted by the Administrator under section 1452(h) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(h)), shall 
     allocate the funds to States for use in carrying out 
     treatment projects to comply with the final rule reinstated 
     by section 3.
       (b) Ratio.--The Administrator shall allocate funds to a 
     State under subsection (a) in the ratio that--
       (1) the financial need associated with treatment projects 
     for compliance with the final rule reinstated by section 3 
     for public water systems in the State; bears to
       (2) the total financial need associated with treatment 
     projects for compliance with the final rule reinstated by 
     section 3 for all public water systems in all States.
                                 ______