Union Calendar No. 396

103D CONGRESS

2D SESSION H. R. 2919

[Report No. 103–719]

A BILL

To amend the Public Health Service Act to authorin the air indoors. human health posed by exposure to contaminants ize a national program to reduce the threat to

SEPTEMBER 13, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 396

103D CONGRESS

2D SESSION H. R. 2919

[Report No. 103–719]

To amend the Public Health Service Act to authorize a national program

to reduce the threat to human health posed by exposure to contaminants

in the air indoors.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mr. KENNEDY introduced the following bill; which was referred to the

Committee on Energy and Commerce

SEPTEMBER 13, 1994

Additional sponsors: Mr. WAXMAN, Mr. SANDERS, Mr. FOGLIETTA, Mr.

MCDERMOTT, Ms. WATERS, Mr. HILLIARD, Mr. EVANS, and Mr. WYNN

SEPTEMBER 13, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 6, 1993]

A BILL

To amend the Public Health Service Act to authorize a

national program to reduce the threat to human health

posed by exposure to contaminants in the air indoors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Indoor Air Act of 1994’’.

3 SEC. 2. COORDINATION.

4 The Administrator shall consult and coordinate with

5 the Secretary of Labor, the Secretary of Energy, the Direc6 tor of the National Institute for Occupational Safety and

7 Health, the Consumer Product Safety Commission, and

8 other appropriate agencies in implementing this Act.

9 SEC. 3. GUIDELINES FOR IDENTIFYING, REDUCING, AND

10 PREVENTING SIGNIFICANT INDOOR AIR

11 HEALTH RISKS.

12 (a) LIST.—Not later than 4 years after the enactment

13 of this Act, the Administrator shall, after notice and oppor14 tunity of at least 90 days for public comment, publish a

15 list of common significant indoor air health risks. In identi16 fying a common significant indoor air health risk, the Ad17 ministrator shall use the best reasonably available scientific

18 data.

19 (b) GUIDELINES.—Concurrently with the listing of

20 each common significant indoor air health risk under sub21 section (a), the Administrator shall, after notice and oppor22 tunity of at least 90 days for public comment, publish vol23 untary guidelines for identifying, reducing, and preventing

24 the common significant indoor air health risk. Such guide25 lines may include information and a range of recommenda26 tions for operation and maintenance of existing buildings,
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1 the design and construction of new buildings, building ren2 ovation, and such other activities as necessary to identify

3 and reduce or prevent the common significant indoor air

4 health risks listed under subsection (a). The guidelines shall

5 achieve significant risk reduction, be technologically achiev6 able and readily implementable, take into consideration

7 safety, energy, and other relevant factors, include an assess8 ment of their effectiveness and cost, and be based on avail9 able research and expertise and the study priorities estab10 lished by the Administrator pursuant to subsection (e).

11 (c) REVIEW AND REVISION.—The Administrator shall

12 periodically review and, as necessary, after notice and op13 portunity of at least 90 days for public comment, revise

14 the list of common significant indoor air health risks and

15 the guidelines published under this section. At a minimum,

16 a review and revision shall be completed not later than 4

17 years after the initial publication of the list and guidelines.

18 (d) CONSISTENCY WITH INDOOR AIR REGULATIONS OF

19 OTHER FEDERAL AGENCIES.—The Administrator shall,

20 after consultation with the Secretary of Labor, insure that

21 the guidelines under this section are fully consistent with

22 any Federal workplace regulations addressing indoor air

23 quality risks. The guidelines may recommend such addi24 tional voluntary actions as may be necessary to protect per25 sons other than workers covered by such regulations from
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1 common significant indoor air health risks listed under sub2 section (a). The Administrator shall, after consultation with

3 the Secretary of Energy, insure that the guidelines under

4 this section are consistent with applicable energy conserva5 tion and efficiency laws and regulations administered by

6 the Secretary.

7 (e) PRIORITY FOR INDOOR AIR HEALTH STUDIES.—

8 The Administrator shall, subject to the availability of ap9 propriations and using existing authorities, give priority

10 to conducting and providing financial or other assistance

11 to studies concerning indoor air quality, including the fol12 lowing:

13 (1) Human exposure to indoor air pollutants,

14 including baseline levels of exposure in various types

15 of buildings.

16 (2) The sources of indoor air pollutants.

17 (3) The effects on human health of indoor air

18 pollutants, including additive, cumulative, and syner19 gistic effects on the general population and sub20 populations particularly at risk.

21 (4) Methods for identifying, reducing, and pre22 venting common significant indoor air health risks.

23 Appropriate studies, such as those under paragraph (1) and

24 (3), shall be subject to peer review.
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1 SEC. 4. INDOOR AIR CONTRACTORS.

2 (a) REPORT.—Not later than 2 years after the com3 mencement of fiscal year 1996, and after notice and oppor4 tunity of at least 90 days for public comment, the Adminis5 trator shall submit a report to Congress on persons operat6 ing contractor businesses engaged in the identification, re7 duction, and prevention of significant indoor air health

8 risks. Such report shall identify the types or classes of con9 tractors regularly engaged in identifying and reducing or

10 preventing significant indoor air health risks and shall de11 termine the need for a program to certify contractors en12 gaged in 1 or more activities relating to the identification

13 and reduction or prevention of significant indoor air health

14 risks, taking into account costs, benefits, the availability of

15 persons with adequate training, experience, and expertise,

16 the funds needed for such a program, and other relevant

17 factors. The report shall also consider whether such a pro18 gram should be carried out by the Administrator directly

19 or by contract, or by another Federal agency or by State

20 or local government.

21 (b) CERTIFICATION.—(1) Based on the report under

22 subsection (a), not later than 2 years after the report re23 quired by subsection (a) is submitted to Congress, and after

24 notice and opportunity of at least 90 days for public com25 ment, the Administrator shall establish a program to pro26 vide for the certification of contractors engaged on a regular
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1 basis in the identification of common significant indoor air

2 health risks. Based on the report under subsection (a), and

3 after notice and opportunity of at least 90 days for public

4 comment, the Administrator may also establish a program

5 to certify appropriate contractors engaged in the reduction

6 or prevention of common significant indoor air health risks.

7 (2) No person may be certified under any program es8 tablished under paragraph (1) unless, at a minimum—

9 (A) such person demonstrates an ability to com10 ply with the guidelines established under section 3;

11 and

12 (B) individuals engaged in the identification, re13 duction, or prevention of common significant indoor

14 air health risks on behalf of such person complete an

15 appropriate course of training, as defined by the Ad16 ministrator.

17 Persons certified under this subsection shall comply with

18 the guidelines under section 3 when engaged in the identi19 fication, reduction, or prevention of common significant in20 door air health risks.

21 (c) FEES.—A reasonable nondiscriminatory annual

22 fee for the certification of persons under this section shall

23 be imposed by the Administrator or by such other agency

24 or contractor that operates the program. The fee shall be

25 periodically established at such level as is necessary to cover
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1 all costs of the certification program under this section.

2 Such fees shall be structured such that a person’s liability

3 for such fees is reasonably based on the proportion of the

4 program’s operating costs that relate to such person, and

5 such person’s liability for such fees shall not be based on

6 the income of such person. Such fees, if collected by the Ad7 ministrator, shall be available, subject to appropriations,

8 to the Administrator to pay for such costs or to reimburse

9 another Federal agency or a State or local government. The

10 collection and use of fees shall be audited by the Adminis11 trator.

12 (d) SUSPENSION OR REVOCATION.—The Adminis13 trator may suspend or revoke any certification issued under

14 this section whenever the Administrator determines, after

15 notice of at least 60 days to such person, that the holder

16 of the certification has violated any requirement of this sec17 tion or condition of such certification. Any person whose

18 certification is proposed to be suspended or revoked, or

19 whose certification is denied, by the Administrator shall be

20 entitled to an administrative hearing.

21 (e) PARTICIPATION.—Participation in the certification

22 program under this section shall be voluntary.

23 SEC. 5. PUBLIC AWARENESS.

24 (a) INFORMATION.—The Administrator shall publish

25 and disseminate—
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1 (1) the list of common significant indoor air

2 health risks under section 3,

3 (2) the guidelines under section 3 for identifying,

4 reducing, and preventing common significant indoor

5 air health risks, and

6 (3) the indoor air health advisories under sub7 section (b).

8 (b) INDOOR AIR HEALTH ADVISORIES.—The Adminis9 trator shall, after notice and opportunity of at least 90 days

10 for public comment, and after review and comment by the

11 Science Advisory Board, publish health advisories address12 ing the health effects of common significant indoor air

13 health risks. Each health advisory shall, at a minimum—

14 (1) describe the adverse human health effects of

15 a common significant indoor air health risk, includ16 ing the risk to vulnerable subpopulations;

17 (2) characterize the causes of the significant in18 door air health risk; and

19 (3) summarize the guidelines under section 3 for

20 identifying, reducing, and preventing the significant

21 indoor air health risk.

22 The Administrator shall publish a health advisory for a

23 common significant indoor air health risk at the same time

24 that the Administrator publishes guidelines for such health

25 risk under section 3.
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1 SEC. 6. HEALTHY BUILDINGS PROGRAM.

2 The Administrator shall, after notice and opportunity

3 of at least 90 days for public comment, develop a voluntary

4 program to provide Federal recognition to buildings that

5 are operated and maintained, taking into consideration all

6 uses of the building, to prevent or minimize common sig7 nificant indoor air health risks in an exemplary manner

8 while at the same time providing significant energy effi9 ciency benefits and for which there are no outstanding in10 door air quality citations by other agencies. Such recogni11 tion shall be based on objective, nondiscriminatory criteria.

12 SEC. 7. STATE AND LOCAL INDOOR AIR HEALTH GRANTS.

13 (a) IN GENERAL.—The Administrator may provide

14 grants to States and to local governments to develop and

15 implement programs proposed by any such State or local

16 government to identify, reduce, and prevent common sig17 nificant indoor air health risks.

18 (b) FEDERAL SHARE OF FUNDING.—The Federal share

19 of grants under this section shall not exceed 75 percent of

20 the costs incurred in developing and implementing such

21 programs. Such share shall be based on the availability of

22 funds appropriated annually and shall supplement State

23 funds for this purpose. The Administrator, in making such

24 grants, shall seek to treat all States equitably.
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1 SEC. 8. BUILDING HEALTH ASSESSMENT PROGRAM.

2 (a) AUTHORITY.—The Director of the National Insti3 tute for Occupational Safety and Health shall implement

4 a Building Assessment Program to provide assistance and

5 guidance to employers and employees on measures to reduce

6 significant indoor air health risks.

7 (b) SELECTION OF BUILDINGS FOR ASSESSMENT.—An

8 assessment may be initiated in response to a request from

9 any employer or employee (including an authorized rep10 resentative of the employee) submitted to the Director for

11 a building assessment. In making such voluntary assess12 ment, the Director shall have the authority, pursuant to

13 such request, to conduct on-site assessments of individual

14 buildings, including Federal, State, and municipal build15 ings. In selecting a building for assessment pursuant to

16 such request, the Director shall consider (1) the seriousness

17 and extent of significant indoor air health risks, and (2)

18 the potential for the building assessment to expand knowl19 edge of building assessment methods and response measures.

20 (c) ASSESSMENT ELEMENTS.—Assessments shall in21 clude, at a minimum, identification of (1) probable signifi22 cant indoor air health risks, (2) probable sources and health

23 effects of identified significant indoor air health risks, and

24 (3) in cases where a probable health risk has been identified,

25 measures for eliminating, controlling, or reducing signifi26 cant indoor air health risks. If there are applicable guide-
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1 lines under section 3, the measures included in the assess2 ment shall be consistent with the guidelines, unless the Di3 rector adequately explains otherwise.

4 (d) REPORTS.—The Director shall prepare and pro5 vide a report to the employer, employees (and the authorized

6 representative of the employees), and the building owner or

7 representative as promptly as possible.

8 SEC. 9. DISCLAIMER.

9 Nothing in this Act shall affect the Administrator’s au10 thority under other provisions of law to conduct research,

11 development, or demonstration projects relating to indoor

12 air quality or be construed as providing new authority to

13 conduct research, development, or demonstrations. Nothing

14 in this Act shall be construed as applying to motor vehicles

15 of any kind.

16 SEC. 10. RELATION TO OTHER LAW.

17 (a) STATE AND LOCAL AUTHORITY.—Nothing in this

18 Act shall preempt any Federal, State, or local law or rule

19 of law which is more protective of human health than this

20 Act.

21 (b) OCCUPATIONAL SAFETY AND HEALTH.—In exercis22 ing any authority under this Act, the Administrator shall

23 not, for purposes of section 4(b)(1) of the Occupational Safe24 ty and Health Act of 1970, be deemed to be exercising statu-
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1 tory authority to prescribe or enforce standards or regula2 tions affecting occupational safety and health.

3 (c) RELATIONSHIP TO OTHER EPA AUTHORITIES.—

4 The Administrator shall insure that any action under this

5 Act is consistent with, and does not duplicate, actions of

6 the Administrator under other authority of law addressing

7 indoor air quality. Except as provided in section 4, nothing

8 in this Act shall be construed as authorizing the Adminis9 trator to exercise any authority to prescribe or enforce any

10 standards or regulations regarding common significant in11 door air health risks.

12 SEC. 11. REPORTS.

13 Not later than 2 years after the commencement of fiscal

14 year 1996 and every 2 years thereafter, the Administrator

15 shall submit to the Congress a report on the activities car16 ried out by the Administrator pursuant to this Act.

17 SEC. 12. RISK ANALYSIS AND PRESENTATION.

18 (a) GOAL.—It is the intent of Congress that risk assess19 ments conducted under this Act be conducted in accordance

20 with sound, unbiased, and objective scientific practices.

21 (b) PUBLIC DOCUMENTS.—The Administrator, in car22 rying out the Administrator’s responsibilities under this

23 Act, shall ensure that the presentation of information on

24 significant indoor air health risks is unbiased and inform25 ative. To the extent feasible, documents made available to
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1 the general public which describe the degree of risk from

2 exposure shall, at a minimum, characterize the population

3 or populations addressed by any risk estimates; state the

4 expected risk for the specific population; and state the rea5 sonable range of uncertainty.

6 SEC. 13. DEFINITIONS.

7 For the purposes of this Act:

8 (1) The term ‘‘Administrator’’ means the Admin9 istrator of the Environmental Protection Agency.

10 (2) The term ‘‘significant indoor air health risk’’

11 means a level of indoor air pollutants, or a condition

12 that may result in a level of indoor air pollutants,

13 that, based on adequate scientific and technical evi14 dence and measurement, is reasonably anticipated to

15 adversely affect human health.

16 (3) The term ‘‘indoor air pollutant’’ means any

17 substance or biological organism which is emitted

18 into, or otherwise enters, air of any kind in a build19 ing, structure, or facility.

20 (4) The term ‘‘person’’ includes an individual, a

21 corporation, partnership, association, State, munici22 pality, political subdivision of a State, and any agen23 cy, department, or instrumentality of the executive,

24 legislative or judicial branch of the Government of the
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1 United States or of any State and any officer, agent

2 or employee thereof.

3 (5) The term ‘‘State’’ includes the District of Co4 lumbia, Puerto Rico, the Virgin Islands, Guam,

5 American Samoa, and the Commonwealth of the

6 Northern Maraiana Islands.

7 SEC. 14. AUTHORIZATIONS.

8 There are authorized to be appropriated such sums as

9 may be necessary to carry out this Act.

Amend the title so as to read: ‘‘A bill to authorize

a national program to reduce the threat to human health

posed by exposure to contaminants in the air indoors.’’.