[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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