II 

110TH CONGRESS 

1ST SESSION S. 635 

To provide for a research program for remediation of closed methamphetamine 

production laboratories, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. BAUCUS (for himself and Mr. SMITH) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To provide for a research program for remediation of closed 

methamphetamine production laboratories, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Methamphetamine Re5 mediation Research Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Methamphetamine use and production is 

9 growing rapidly throughout the United States. 


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1 (2) Materials and residues remaining from the 

2 production of methamphetamine pose novel environ3 mental problems in locations where methamphet4 amine laboratories have been closed. 

5 (3) There has been little standardization of 

6 measures for determining when the site of a closed 

7 methamphetamine laboratory has been successfully 

8 remediated. 

9 (4) Initial cleanup actions are generally limited 

10 to removal of hazardous substances and contami11 nated materials that pose an immediate threat to 

12 public health or the environment. It is not uncom13 mon for significant levels of contamination to be 

14 found throughout residential structures after a 

15 methamphetamine laboratory has closed, partially 

16 because of a lack of knowledge of how to achieve an 

17 effective cleanup. 

18 (5) Data on methamphetamine laboratory-re19 lated contaminants of concern are very limited, and 

20 cleanup standards do not currently exist. In addi21 tion, procedures for sampling and analysis of con22 taminants need to be researched and developed. 

23 (6) Many States are struggling with estab24 lishing remediation guidelines and programs to adVerDate Aug 31 2005 02:54 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S635.IS S635

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1 dress the rapidly expanding number of methamphet2 amine laboratories being closed each year. 

3 SEC. 3. VOLUNTARY GUIDELINES. 

4 (a) ESTABLISHMENT OF VOLUNTARY GUIDELINES.— 

5 Not later than one year after the date of enactment of 

6 this Act, the Administrator of the Environmental Protec7 tion Agency (in this Act referred to as the ‘‘Adminis8 trator’’), in consultation with the National Institute of 

9 Standards and Technology, shall establish voluntary 

10 guidelines, based on the best currently available scientific 

11 knowledge, for the remediation of former methamphet12 amine laboratories, including guidelines regarding prelimi13 nary site assessment and the remediation of residual con14 taminants. 

15 (b) CONSIDERATIONS.—In developing the voluntary 

16 guidelines under subsection (a), the Administrator shall 

17 consider, at a minimum— 

18 (1) relevant standards, guidelines, and require19 ments found in Federal, State, and local laws and 

20 regulations; 

21 (2) the varying types and locations of former 

22 methamphetamine laboratories; and 

23 (3) the expected cost of carrying out any pro24 posed guidelines. 


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1 (c) STATES.—The voluntary guidelines should be de2 signed to assist State and local governments in the devel3 opment and the implementation of legislation and other 

4 policies to apply state-of-the-art knowledge and research 

5 results to the remediation of former methamphetamine 

6 laboratories. The Administrator shall work with State and 

7 local governments and other relevant non-Federal agencies 

8 and organizations, including through the conference de9 scribed in section 5, to promote and encourage the appro10 priate adoption of the voluntary guidelines. 

11 (d) UPDATING THE GUIDELINES.—The Adminis12 trator shall periodically update the voluntary guidelines as 

13 the Administrator, in consultation with States and other 

14 interested parties, determines to be necessary and appro15 priate to incorporate research findings and other new 

16 knowledge. 

17 SEC. 4. RESEARCH PROGRAM. 

18 The Administrator shall establish a program of re19 search to support the development and revision of the vol20 untary guidelines described in section 3. Such research 

21 shall— 

22 (1) identify methamphetamine laboratory-re23 lated chemicals of concern; 

24 (2) assess the types and levels of exposure to 

25 chemicals of concern identified under paragraph (1), 


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1 including routine and accidental exposures, that may 

2 present a significant risk of adverse biological ef3 fects, and the research necessary to better address 

4 biological effects and to minimize adverse human ex5 posures; 

6 (3) evaluate the performance of various meth7 amphetamine laboratory cleanup and remediation 

8 techniques; and 

9 (4) support other research priorities identified 

10 by the Administrator in consultation with States and 

11 other interested parties. 

12 SEC. 5. TECHNOLOGY TRANSFER CONFERENCE. 

13 (a) CONFERENCE.—Not later than 90 days after the 

14 date of enactment of this Act, and at least every third 

15 year thereafter, the Administrator shall convene a con16 ference of appropriate State agencies, as well as individ17 uals or organizations involved in research and other activi18 ties directly related to the environmental, or biological im19 pacts of former methamphetamine laboratories. The con20 ference should be a forum for the Administrator to provide 

21 information on the guidelines developed under section 3 

22 and on the latest findings from the research program de23 scribed in section 4, and for the non-Federal participants 

24 to provide information on the problems and needs of 


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1 States and localities and their experience with guidelines 

2 developed under section 3. 

3 (b) REPORT.—Not later than 3 months after each 

4 conference, the Administrator shall submit a report to the 

5 Congress that summarizes the proceedings of the con6 ference, including a summary of any recommendations or 

7 concerns raised by the non-Federal participants and how 

8 the Administrator intends to respond to them. The report 

9 shall also be made widely available to the general public. 

10 SEC. 6. RESIDUAL EFFECTS STUDY. 

11 (a) STUDY.—Not later than 6 months after the date 

12 of enactment of this Act, the Administrator shall enter 

13 into an arrangement with the National Academy of 

14 Sciences for a study of the status and quality of research 

15 on the residual effects of methamphetamine laboratories. 

16 The study shall identify research gaps and recommend an 

17 agenda for the research program described in section 4. 

18 The study shall pay particular attention to the need for 

19 research on the impacts of methamphetamine laboratories 

20 on— 

21 (1) the residents of buildings where such lab22 oratories are, or were, located, with particular em23 phasis given to biological impacts on children; and 

24 (2) first responders. 


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1 (b) REPORT.—Not later than 3 months after the 

2 completion of the study, the Administrator shall transmit 

3 to Congress a report on how the Administrator will use 

4 the results of the study to carry out the activities de5 scribed in sections 3 and 4. 

6 SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND 

7 DEVELOPMENT PROGRAM. 

8 The Director of National Institute of Standards and 

9 Technology, in consultation with the Administrator, shall 

10 support a research program to develop— 

11 (1) new methamphetamine detection tech12 nologies, with emphasis on field test kits and site de13 tection; and 

14 (2) appropriate standard reference materials 

15 and validation procedures for methamphetamine de16 tection testing. 

17 SEC. 8. SAVINGS CLAUSE. 

18 Nothing in this Act shall be construed to affect or 

19 limit the application of, or any obligation to comply with, 

20 any State or Federal environmental law or regulation, in21 cluding the Comprehensive Environmental Response, 

22 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

23 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

24 et seq.). 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) ENVIRONMENTAL PROTECTION AGENCY.—There 

3 are authorized to be appropriated to the Environmental 

4 Protection Agency to carry out this Act $1,750,000 for 

5 each of the fiscal years 2007 and 2008. 

6 (b) NATIONAL INSTITUTE OF STANDARDS AND

7 TECHNOLOGY.—There are authorized to be appropriated 

8 to the National Institute of Standards and Technology to 

9 carry out this Act $750,000 for each of the fiscal years 

10 2007 and 2008. 

Æ 


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