[Congressional Record Volume 147, Number 54 (Thursday, April 26, 2001)]
[Senate]
[Page S4011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself, Mr. Reid, Mr. Lieberman, Mrs. 
        Clinton, Mr. Corzine, Mr. Kennedy, and Mr. Wellstone):
  S. 796. A bill to amend the Safe Drinking Water Act to ensure that 
drinking water consumers are informed about the risks posed by arsenic 
in drinking water, to the Committee on Environment and Public Works.
  Mrs. BOXER. Mr. President, we have had the same 50 parts per billion 
standard for arsenic in our drinking water since 1942. Since then, 
study after study has confirmed that this level of arsenic in our 
drinking water is unsafe. After decades of review, a final drinking 
water standard was finally set to go into effect in March of this year. 
The new standard would have required no more than 10 parts per billion 
arsenic in drinking water.
  Unfortunately, the Bush Administration stopped this new rule from 
going into effect. This decision was a major blow to public health in 
this country. Arsenic causes lung cancer, skin cancer, and bladder 
cancer. We know that if you drink water at the current standard for 
arsenic you have a 1 in 100 chance of getting cancer. The Bush 
Administration has decided that we can wait, despite mountains of 
scientific evidence on the serious health threat posed by arsenic. By 
suspending the new arsenic standard, the President is preventing 
communities from getting started on the upgrades they need to make to 
their drinking water systems. This is unacceptable, and I am a co-
sponsor of legislation that would restore the 10 parts per billion 
standard.
  Another consequence of the Bush Administration's decision to suspend 
the new rule for arsenic has received less attention but is also very 
important. The suspended rule contained provisions on the public's 
right to know what level of arsenic is in its drinking water and what 
the possible health effects may be. The suspended rule requires notice 
to consumers containing very specific information on the health risks 
posed by arsenic. This notice would have been required at 5 parts per 
billion. This is less than the maximum level permitted in drinking 
water, but is necessary because there is still a risk posed by arsenic 
at this level.
  I believe that the public has a right to know if there is an 
environmental threat in their community. If the public is fully 
informed about environmental threats, they may have the opportunity to 
avoid them. So, today I am introducing the ``Community Right to Know 
Arsenic Risk Act.''
  My bill would restore the requirements in the suspended rule on the 
public's right to know. It would ensure that notice is given at the 5 
parts per billion level.
  The level of arsenic found in drinking water in many communities 
poses a serious risk to public health. I am especially concerned about 
the most vulnerable members of the community, including children, the 
elderly, and AIDS or cancer patients, to name a few. I am committed to 
full disclosure to consumers of both the levels of arsenic in drinking 
water and the possible health effects. Drinking water that may meet 
federal standards still may pose health risks that should be known to 
the consumer. This is certainly the case with arsenic. The consumer 
should have the right to choose alternative water sources or to seek 
tighter standards. This is a minimum requirement. I encourage my 
colleagues to co-sponsor this legislation and 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. 796

       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 ``Community Right-to-Know 
     Arsenic Risk Act''.

     SEC. 2. NOTICE CONCERNING RISKS POSED BY ARSENIC IN DRINKING 
                   WATER.

       Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1466. NOTICE CONCERNING RISKS POSED BY ARSENIC IN 
                   DRINKING WATER.

       ``(a) In General.--A consumer confidence report prepared by 
     a community water system under section 141.154 of title 40, 
     Code of Federal Regulations (or a successor regulation), 
     shall include a short educational statement concerning 
     arsenic that--
       ``(1) uses language such as the following: `While your 
     drinking water meets EPA's standard for arsenic, it does 
     contain arsenic. EPA's standard is based not only on the 
     possible health effects of arsenic, but also on the costs of 
     removing arsenic from drinking water. EPA continues to 
     research the health effects of arsenic ingestion, which is a 
     mineral known to cause cancer in humans at high 
     concentrations and is linked to other health effects such as 
     skin damage and circulatory problems.'; or
       ``(2) uses substantially similar language developed by the 
     community water system in consultation with the State agency 
     having jurisdiction over safe drinking water matters.
       ``(b) Applicability.--Subsection (a) applies to any 
     community water system that--
       ``(1) is required to prepare and deliver consumer 
     confidence reports under subpart O of title 40, Code of 
     Federal Regulations (or a successor regulation); and
       ``(2)(A) with respect to a report required to be delivered 
     under that subpart not later than July 1, 2001, detects 
     arsenic in the drinking water provided by the community water 
     system at a level that is above 0.025 milligrams per liter 
     but below the maximum contaminant level; and
       ``(B) with respect to a report required to be delivered 
     under that subpart after July 1, 2001, detects arsenic in the 
     drinking water provided by the community water system at a 
     level that is above 0.005 milligrams per liter but that is 
     equal to or below the maximum contaminant level.''.

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