[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10678-S10679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REED (for himself and Mr. Fitzgerald):
S. 3127. A bill to amend the Safe Drinking Water Act to provide
assistance to States to support testing of private wells in areas of
suspected contamination to limit or prevent human exposure to
contaminated groundwater; to the Committee on Environment and Public
Works.
Mr. REED. Mr. President, today I am proud to be joined by my
colleague Senator Fitzgerald in introducing the Private Well Testing
Assistance Act of 2002. This legislation seeks to protect the health of
our Nation's rural families by providing Federal assistance to State
health and environmental agencies for sampling of drinking water wells
near suspected areas of groundwater contamination.
More than 15.1 million households are served by private drinking
water wells in the United States. At times, these wells are affected by
serious groundwater contaminants, including industrial solvents,
petroleum, nitrates, radon, arsenic, beryllium, chloroform, and
gasoline additives such as MTBE.
While private well owners generally are responsible for regular
testing of drinking water wells, cases of serious or potentially
widespread groundwater contamination often require State agencies to
conduct costly tests on numerous wells. Many of these sites are
included in the Environmental Protection Agency's Comprehensive
Environmental Response, Compensation, and Liability Information System,
or CERCLIS, for which Federal funding is available for initial site
assessments, but not for subsequent regular sampling to ensure that
contaminants have not migrated to additional household wells.
With many State budgets across the country in fiscal crisis, State
governments often do not have the resources to provide regular,
reliable testing of wells in proximity to suspected areas of
contamination. By authorizing EPA
[[Page S10679]]
to provide up to $20 million per year to assist State well testing
programs, subject to a 20 percent State match, the Private Well Testing
Assistance Act will create an incentive for states to improve well
monitoring near both new and existing areas of groundwater
contamination.
I urge my colleagues to help ensure the health and safety of American
families that rely on groundwater for their drinking water needs by
supporting this legislation.
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. 3127
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 ``Private Well Testing
Assistance Act''.
SEC. 2. ASSISTANCE FOR TESTING OF PRIVATE WELLS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:
``SEC. 1459. ASSISTANCE FOR TESTING OF PRIVATE WELLS.
``(a) Findings.--Congress finds that--
``(1) more than 15,100,000 households in the United States
are served by private drinking water wells;
``(2) while private well owners generally are responsible
for regular testing of drinking water wells for the presence
of contaminants, cases of serious or potentially widespread
groundwater contamination often require State health and
environmental agencies to conduct costly tests on numerous
drinking water well sites;
``(3) many of those sites are included in the Comprehensive
Environmental Response, Compensation, and Liability
Information System of the Environmental Protection Agency,
through which Federal funding is available for testing of
private wells during initial site assessments but not for
subsequent regular sampling to ensure that contaminants have
not migrated to other wells;
``(4) many State governments do not have the resources to
provide regular, reliable testing of drinking water wells
that are located in proximity to areas of suspected
groundwater contamination;
``(5) State fiscal conditions, already in decline before
the terrorist attacks of September 11, 2001, are rapidly
approaching a state of crisis;
``(6) according to the National Conference of State
Legislatures--
``(A) revenues in 43 States are below estimates; and
``(B) 36 States have already planned or implemented cuts in
public services;
``(7) as a result of those economic conditions, most States
do not have drinking water well testing programs in place,
and many State well testing programs have been discontinued,
placing households served by private drinking water wells at
increased risk; and
``(8) the provision of Federal assistance, with a State
cost-sharing requirement, would establish an incentive for
States to provide regular testing of drinking water wells in
proximity to new and existing areas of suspected groundwater
contamination.
``(b) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency, acting
in consultation with appropriate State agencies.
``(2) Area of concern.--The term `area of concern' means a
geographic area in a State the groundwater of which may, as
determined by the State--
``(A) be contaminated or threatened by a release of 1 or
more substances of concern; and
``(B) present a serious threat to human health.
``(3) Hazardous substance.--The term `hazardous substance'
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
``(4) Pollutant or contaminant.--The term `pollutant or
contaminant' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
``(5) Substance of concern.--The term `substance of
concern' means--
``(A) a hazardous substance;
``(B) a pollutant or contaminant;
``(C) petroleum (including crude oil and any fraction of
crude oil);
``(D) methyl tertiary butyl ether; and
``(E) such other naturally-occurring or other substances
(including arsenic, beryllium, and chloroform) as the
Administrator, in consultation with appropriate State
agencies, may identify by regulation.
``(c) Establishment of Program.--Not later than 90 days
after the date of enactment of this section, the
Administrator shall establish a program to provide funds to
each State for use in testing private wells in the State.
``(d) Determination of Areas of Concern.--Not later than 30
days after the date of enactment of this section, the
Administrator shall promulgate regulations that describe
criteria to be used by a State in determining whether an area
in the State is an area of concern, including a definition of
the term `threat to human health'.
``(e) Application Process.--
``(1) In general.--A State that seeks to receive funds
under this section shall submit to the Administrator, in such
form and containing such information as the Administrator may
prescribe, an application for the funds.
``(2) Certification.--A State application described in
paragraph (1) shall include a certification by the Governor
of the State of the potential threat to human health posed by
groundwater in each area of concern in the State, as
determined in accordance with the regulations promulgated by
the Administrator under subsection (d).
``(3) Processing.--Not later than 15 days after the
Administrator receives an application under this subsection,
the Administrator shall approve or disapprove the
application.
``(f) Provision of Funding.--
``(1) In general.--If the Administrator approves an
application of a State under subsection (e)(3), the
Administrator shall provide to the State an amount of funds
to be used to test private wells in the State that--
``(A) is determined by the Administrator based on--
``(i) the number of private wells to be tested;
``(ii) the prevailing local cost of testing a well in each
area of concern in the State; and
``(iii) the types of substances of concern for which each
well is to be tested; and
``(B) consists of not more than $500 per well, unless the
Administrator determines that 1 or more wells to be tested
warrant the provision of a greater amount.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the cost of any
test described in paragraph (1) shall not exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of the cost
of any test described in paragraph (1) may be provided in
cash or in kind.
``(g) Number and Frequency of Tests.--
``(1) In general.--Subject to paragraph (2), in determining
the number and frequency of tests to be conducted under this
section with respect to any private well in an area of
concern, a State shall take into consideration--
``(A) typical and potential seasonal variations in
groundwater levels; and
``(B) resulting fluctuations in contamination levels.
``(2) Limitation.--Except in a case in which at least 2
years have elapsed since the last date on which a private
well was tested using funds provided under this section, no
funds provided under this section may be used to test any
private well--
``(A) more than 4 times; or
``(B) on or after the date that is 1 year after the date on
which the well is first tested.
``(h) Other Assistance.--Assistance provided to test
private wells under this section shall be in addition to any
assistance provided for a similar purpose under this Act or
any other Federal law.
``(i) Report.--Not later than 1 year after the date of
enactment of this section, the Administrator, in cooperation
with the National Ground Water Association, shall submit to
Congress a report that describes the progress made in
carrying out this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal
years 2003 through 2006, to remain available until expended.
``(2) Minimum allocation.--The Administrator shall ensure
that, for each fiscal year, each State receives not less than
0.25 percent of the amount made available under paragraph (1)
for the fiscal year.''.
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