[Senate Report 110-207]
[From the U.S. Government Publishing Office]
Calendar No. 451
110th Congress Report
SENATE
1st Session 110-207
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METHAMPHETAMINE REMEDIATION RESEARCH ACT OF 2007
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October 26, 2007.--Ordered to be printed
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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.
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By fiscal year, in millions of dollars--
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2008 2009 2010 2011 2012
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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
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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.