[Senate Report 110-207]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 451
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-207

======================================================================



 
            METHAMPHETAMINE REMEDIATION RESEARCH ACT OF 2007

                                _______
                                

                October 26, 2007.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 635]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 635) to provide for a research program 
for remediation of closed methamphetamine production 
laboratories, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends the bill do pass.

                 PURPOSE AND SUMMARY OF THE LEGISLATION

    The purpose of the bill is to establish a Federal research 
program to support the development of voluntary guidelines to 
help states address some toxic waste from former 
methamphetamine laboratories.

                BACKGROUND AND NEED FOR THE LEGISLATION

    Methamphetamine, or ``meth'', is a powerful drug that can 
cause serious problems with addiction. Symptoms of meth use 
range from nervousness to convulsions and brain damage. Chronic 
meth use can increase tolerance and dependence, resulting in 
users taking more frequent and higher doses, which can lead to 
violent and paranoid behavior. Federal law makes the use or 
manufacture of meth illegal without the appropriate 
authorization.
    A variety of outdoor and indoor areas can serve as meth 
labs. A lab can use relatively simple materials, such as mason 
jars, hot plates, pressure cookers, and plastic tubing, and the 
ingredients used to manufacture meth are commercially available 
anywhere in the U.S. The main ingredient can be either 
pseudoephedrine or ephedrine, two chemicals that are present in 
many over-the-counter cold and asthma medications, and the 
other chemicals are available in gasoline, drain cleaners, 
fertilizer and matches. The manufacture process requires almost 
no technical knowledge, and the recipe--as well as step-by-step 
instructions--is freely and easily available on the Internet.
    Many laboratories produce meth in states across the nation. 
In 1993, the Drug Enforcement Administration (DEA) estimated a 
total seizure of 218 meth labs. In 2005 federal, state and 
local law enforcement officers netted more than 12,500 labs, 
dumpsites and other meth-related activities. Between 2003 and 
2005 the DEA has reported more than 54,000 meth-related 
incidents in every state in the U.S.
    Many of the chemicals used to make meth can be toxic, 
reactive, flammable, or corrosive. Every pound of meth produced 
can result in up to five pounds of toxic byproducts. This waste 
can easily be poured down drains or spilled onto the ground, 
where chemicals can migrate into drinking wells and leach into 
the soil.
    Many labs are found when they catch fire or explode, 
causing injures or death to those manufacturing the drug as 
well as law enforcement officers, fire fighters and others who 
respond. During use and production, meth and other harmful 
chemicals are released into the air and distributed throughout 
the area. These chemicals can contaminate the interior of 
residences, including walls, countertops, furnishing, carpets, 
and floors.
    State and local governments or property owners are usually 
responsible for cleaning up contamination from a lab. Although 
various statutes and regulations address cleanup issues, such 
activities generally occur in two parts. First, contaminants, 
including chemicals, equipment, and other material, are removed 
from the area. Generally, law enforcement secures the site down 
and protects evidence. Second, less obvious contamination is 
identified, property owners are notified, and responsibility 
for the cleanup may pass to them, though the law may recommend 
or require homeowners to hire a cleanup contractor.
    There are no national rules or guidance directing the 
cleanup of a residential meth lab, and states and localities 
vary in their approach to ensuring public health is protected 
at such sites. Cleanup actions can involve one or more of the 
following measures: ventilation, encapsulation or sealing of 
interior surfaces, removal of drywall, decontamination of 
ventilation or wastewater systems, and removal of soil or 
treatment of contaminated groundwater. Costs can vary greatly 
depending on the type of remediation. When state and local 
governments pay to cleanup contamination from a lab they can 
apply to receive up to $25,000 in reimbursement from the 
federal Environmental Protection Agency (EPA).
    Many state and local entities have created rules and 
guidelines for the cleanup of meth labs. Some states with 
significant experience addressing meth lab cleanup issues have 
existing law and regulations. Others have little or no 
guidance. However, public officials across the country are 
concerned about the cleanup of meth labs and many have asked 
for assistance in addressing this issue.

                SUMMARY OF MAJOR PROVISIONS OF THE BILL

    The bill requires the Administrator at the EPA to create a 
program to research residues from methamphetamine production.
    The bill directs the Administrator, in consultation with 
National Institute for Standards and Technology (NIST), to 
create voluntary guidelines for preliminary site assessment and 
remediation of methamphetamine laboratories.
    The bill requires the Administrator to head a meeting of 
state agencies, individuals and organizations to share best 
practices and identify research needs.
    The bill also directs NIST, in consultation with the 
Administrator, to support a research program to facilitate the 
development of methamphetamine laboratory detection 
technologies, emphasizing field test kits and site detection.
    The bill mandates that the EPA enter into an arrangement 
with the National Academy of Sciences to study the status and 
quality of research on the residual effects of meth labs, 
identify research gaps, and recommend an EPA research agenda.
    The bill authorizes $1.75 million for each of the Fiscal 
Years 2007 and 2008 for EPA and authorizes $0.75 million for 
each of the Fiscal Years 2007 through 2008 for NIST.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The Methamphetamine Remediation Research Act of 2007

Section 2. Findings

    Finds that meth use is a serious and growing problem and 
that state and local entities need assistance in addressing 
contamination from laboratories that create meth.

Section 3. Voluntary guidelines

    Directs the Administrator of the EPA, in consultation with 
NIST, to create within one year voluntary guidelines for the 
remediation of former methamphetamine labs. These guidelines 
shall apply to preliminary site assessments and the remediation 
of residual contaminants.
    In developing guidelines, the Administrator must consider 
relevant standards, guidelines and requirements in Federal, 
State and local laws and regulations; the varying types and 
locations of former methamphetamine labs; and expected costs.
    These guidelines should assist state and local governments. 
To help accomplish this goal, the Administrator shall work with 
state and local governments and other relevant nonfederal 
agencies and organizations, including through the conference 
required by section 5, to promote and encourage the appropriate 
adoption of these guidelines.
    Directs the Administrator to update the voluntary 
guidelines in consultation with states and other interested 
parties, and to incorporate new research findings and other new 
knowledge in these guidelines.

Section 4. Research program

    Mandates that the Administrator establish a research 
program to support the development and updating of the 
voluntary guidelines discussed in section 3. This research 
program must examine a variety of issues, including identifying 
chemicals of concern, assessing the health effects of exposure 
to chemicals of concern, addressing such adverse effects and to 
minimize exposures, evaluating cleanup techniques, and 
supporting other priorities identified by the Administrator in 
consultation with states and other entities.

Section 5. Technology transfer conference

    Requires the Administrator, within 90 days of the date of 
enactment and every three years thereafter, to convene a 
conference of state officials and entities and organizations 
involved with the impacts of former methamphetamine 
laboratories. The Administrator shall provide conference 
participants with information on the voluntary guidelines and 
the research program's findings. The conference shall also 
provide nonfederal entities with a forum to discuss their views 
on the voluntary guidelines.
    Requires the Administrator, within three months of each 
conference, to submit to Congress and make available to the 
public, a report summarizing the conference proceedings. This 
report shall also include recommendations or concerns and a 
description of how the Administrator plans to respond to such 
issues.

Section 6. Residual effects study

    Requires the Administrator, within six months after the 
date of enactment, to enter into an agreement with the National 
Academy of Sciences to study the status and quality of research 
on the residual effects of methamphetamine laboratories. The 
study shall identify gaps in research and recommend a research 
agenda for the program described in section 4. The study shall 
focus on the potential impacts of methamphetamine laboratories 
on residents of buildings where labs are or were located.

Section 7. Methamphetamine detection research and development program

    Requires the Director of NIST, in consultation with the 
Administrator, to support a research program to develop new 
detection technologies for methamphetamine, with emphasis on 
field test kits and site detection. The program shall also 
focus on standard reference materials and validation procedures 
for methamphetamine detection testing.

Section 8. Savings clause

    Clarifies that nothing in the Act changes or shall be 
construed to change any authority of EPA or of any other 
entities under any State or Federal environmental law or 
regulation.

Section 9. Authorization of appropriations

    Authorizes $1.75 million for each of Fiscal Years 2007 and 
2008 for EPA. Authorizes $0.75 million for each of Fiscal Years 
2007 and 2008 for NIST.

             Legislative History, Committee Views and Votes


                            COMMITTEE VIEWS

    This Act authorizes a program that requires the 
Administrator of the EPA, within one year, to develop voluntary 
guidelines on preliminary site assessments and the remediation 
of residual contaminants from methamphetamine laboratories. The 
Committee expects the voluntary guidelines to be largely based 
on a review of existing science and guidance. For these initial 
guidelines, the Committee believes the Administrator should 
evaluate the existing science and state guidelines, using 
resources such as the National Alliance for Model State Drug 
Laws.
    The Committee expects the EPA to take into consideration a 
variety of factors, including the need to protect public health 
and the estimated cost of carrying out any proposed guidelines. 
The Committee believes the Administrator should remain 
cognizant of those who bear these costs, including in 
particular property owners, and the potential health threats to 
children, families, and individuals who may inhabit the 
residence after cleanup.
    The Committee expects the voluntary guidelines to evolve 
over time by using new research. To accomplish this goal, the 
Committee expects the Administrator to use the research program 
to update and revise the voluntary guidelines as new findings 
become available.
    The Committee realizes that very little funding--federal, 
state, local or private--is directed at this problem. The 
Administration has recognized this problem in the Office of 
National Drug Control Policy's Synthetic Drug Control Strategy: 
A Focus on Methamphetamine and Prescription Drug Abuse. This 
Strategy put EPA in charge of developing and establishing 
methamphetamine laboratory remediation guidelines. The 
Committee notes that the Drug Enforcement Agency has reported 
more than 54,000 methamphetamine-related incidents between 
2003-2005. Therefore, the Committee believes that the federal 
government should expand the range and commitment of activities 
consistent with the magnitude and seriousness of this problem. 
The Committee expects EPA to quickly implement the research 
program.
    The Committee also would like to note that the Drug 
Enforcement Agency's (DEA), ``National Clandestine Laboratory 
Register,'' is a useful tool in providing an estimate of the 
general scope of the meth lab problem. The Committee believes 
that the DEA information should include the cleaning of 
residences in accordance with local regulations. The Committee 
urges the DEA to develop transparent procedures for listing and 
de-listing a residence on the Register.
    The Act requires the Administrator to hold a Technology 
Transfer Conference. The Committee believes the Conference will 
provide an important information sharing forum for stakeholders 
across the country. The first Conference should help the 
Administrator and stakeholders to draft voluntary guidelines. 
Future Conferences should provide the Administrator and 
stakeholders with, among other things, an opportunity to 
discuss implementation of the guidelines, transfer expertise, 
disseminate new research findings, and to update the research 
agenda. The Committee expects the Administrator to include a 
broad array of stakeholders at Conference, including those 
involved in activities related to the impacts of former meth 
labs, such as local law enforcement and nonprofit organizations 
like the National Jewish Medical and Research Center and the 
National Alliance for Model State Drug Laws.

                                 VOTES

    The Senate Committee on Environment and Public Works 
discharged H.R. 798, a companion measure to a version of S. 635 
introduced in the 109th Congress, and the Senate passed H.R. 
798 on December 9, 2006. On June 6, 2007 the Senate Committee 
on Environment and Public Works favorably reported the 
Methamphetamine Remediation and Research Act of 2007 (S. 635) 
on a voice vote without amendment.

                      REGULATORY IMPACT STATEMENT

    The committee finds that the bill contains no 
administrative burden on private entities and would benefit 
such entities by helping to clarify applicable methods for 
cleaning up areas affected by methamphetamine laboratories.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 635 contains no 
intergovernmental or private-sector mandates as defined in the 
Act and would benefit state and local governments.

                          COST OF LEGISLATION

    Section 403 of the Congressional Budget and Impoundment 
Control act requires a statement of the cost of the reported 
bill, prepared by the Congressional Budget Office, be included 
in the report. S. 635 would cost about $3 million over the 
2008-2009 period, assuming appropriation of the authorized 
amount in 2008. S. 635 would not affect direct spending or 
receipts.

S. 635--Methamphetamine Remediation Research Act of 2007

    Summary: S. 635 would establish a new research program for 
the cleanup of clandestine laboratories shut down by law 
enforcement that have been used to produce methamphetamine. 
This legislation would authorize the appropriation of $2.5 
million for each of fiscal years 2007 and 2008 for the 
Environmental Protection Agency (EPA) and the National 
Institute of Standards and Technology (NIST) to support such a 
program. Such efforts by EPA and NIST would include 
establishing guidelines on assessing sites and cleaning up 
contaminants, holding a conference to discuss research and 
guidelines with interested parties, and supporting research for 
the development of the guidelines and new detection 
technologies. Finally, the bill would authorize a study by the 
National Academy of Sciences on the residual effects of 
methamphetamine.
    CBO estimates that implementing S. 635 would cost about $3 
million over the 2008-2009 period, assuming appropriation of 
the authorized amount in 2008. Enacting S. 635 would not affect 
direct spending or receipts.
    S. 635 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit state and local governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 635 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment). For this estimate, CBO 
assumes that S. 635 will be enacted by the start of fiscal year 
2008 and that the amount authorized by the bill for that year 
will be appropriated. (We assume no further appropriations for 
fiscal year 2007.) Estimated outlays are based on historical 
spending patterns for similar programs.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
EPA Research Program:
    Authorization Level.......................................         2         0         0         0         0
    Estimated Outlays.........................................         1         1         0         0         0
NIST Research Program:
    Authorization Level.......................................         1         0         0         0         0
    Estimated Outlays.........................................         1         0         0         0         0
    Total Changes:
        Authorization Level...................................         3         0         0         0         0
        Estimated Outlays.....................................         2         1         0         0         0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 635 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit state and local governments.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on State, local, and tribal governments: Neil Hood; 
Impact on the private sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                  
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