text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Environmental Risk Evaluation Act of 
  1995''.
  
  SEC. 2. FINDINGS AND POLICY.
  
      (a) Definitions.--As used in this section:
              (1) Administrator.--The term ``Administrator'' means the 
          Administrator of the Environmental Protection Agency.
              (2) Adverse effect on human health.--The term ``adverse 
          effect on human health'' includes any increase in the rate of 
          death or serious illness, including disease, cancer, birth 
          defects, reproductive dysfunction,developmental effects 
          (including effects on the endocrine and nervous systems), and 
          other impairments in bodily functions.
              (3) Risk.--The term ``risk'' means the likelihood of an 
          occurrence of an adverse effect on human health, the 
          environment, or public welfare.
              (4) Source of pollution.--The term ``source of pollution'' 
          means a category or class of facilities or activities that 
          alter the chemical, physical, or biological character of the 
          natural environment.
      (b) Findings.--Congress finds that--
              (1) cost-benefit analysis and risk assessment are useful 
          but imperfect tools that serve to enhance the information 
          available in developing environmental regulations and programs;
              (2) cost-benefit analysis and risk assessment can also 
          serve as useful tools in setting priorities and evaluating the 
          success of environmental protection programs;
              (3) cost and risk are not the only factors that need to be 
          considered in evaluating environmental programs as other 
          factors, including values and equity, must also be considered;
              (4) current methods for valuing ecological resources and 
          assessing intergenerational effects of sources of pollution 
          need further development before integrated rankings of sources 
          of pollution based on the factors referred to in paragraph (3) 
          can be used with high levels of confidence;
              (5) methods to assess and describe the risks of adverse 
          human health effects, other than cancer, need further 
          development before integrated rankings of sources of pollution 
          based on the risk to human health can be used with high levels 
          of confidence;
              (6) periodic reports by the Administrator on the costs and 
          benefits of regulations promulgated under Federal environmental 
          laws, and other Federal actions with impacts on human health, 
          the environment, or public welfare, will provide Congress and 
          the general public with a better understanding of--
                      (A) national environmental priorities; and
                      (B) expenditures being made to achieve reductions 
                  in risk to human health, the environment, and public 
                  welfare; and
              (7) periodic reports by the Administrator on the costs and 
          benefits of environmental regulations will also--
                      (A) provide Congress and the general public with a 
                  better understanding of the strengths, weaknesses, and 
                  uncertainties of cost-benefit analysis and risk 
                  assessment and the research needed to reduce major 
                  uncertainties; and
                      (B) assist Congress and the general public in 
                  evaluating environmental protection regulations and 
                  programs, and other Federal actions with impacts on 
                  human health, the environment, or public welfare, to 
                  determine the extent to which the regulations, 
                  programs, and actions adequately and fairly protect 
                  affected segments of society.
      (c) Report on Environmental Priorities, Costs, and Benefits.--
              (1) Ranking.--
                      (A) In general.--The Administrator shall identify 
                  and, taking into account available data, to the extent 
                  practicable, rank sources of pollution with respect to 
                  the relative degree of risk of adverse effects on human 
                  health, the environment, and public welfare.
                      (B) Method of ranking.--In carrying out the 
                  rankings under subparagraph (A), the Administrator 
                  shall--
                              (i) rank the sources of pollution 
                          considering the extent and duration of the 
                          risk; and
                              (ii) take into account broad societal 
                          values, including the role of natural resources 
                          in sustaining economic activity into the 
                          future.
              (2) Evaluation of regulatory and other costs.--In addition 
          to carrying out the rankings under paragraph (1), the 
          Administrator shall evaluate--
                      (A) the private and public costs associated with 
                  each source of pollution and the costs and benefits of 
                  complying with regulations designed to protect against 
                  risks associated with the sources of pollution; and
                      (B) the private and public costs and benefits 
                  associated with other Federal actions with impacts on 
                  human health, the environment, or public welfare, 
                  including direct development projects, grant and loan 
                  programs to support infrastructure construction and 
                  repair, and permits, licenses, and leases to use 
                  natural resources or to release pollution to the 
                  environment, and other similar actions.
              (3) Risk reduction opportunities.--In assessing risks, 
          costs, and benefits as provided in paragraphs (1) and (2), the 
          Administrator shall also identify reasonable opportunities to 
          achieve significant risk reduction through modifications in 
          environmental regulations and programs and other Federal 
          actions with impacts on human health, the environment, or 
          public welfare.
              (4) Uncertainties.--In evaluating the risks referred to in 
          paragraphs (1) and (2), the Administrator shall--
                      (A) identify the major uncertainties associated 
                  with the risks;
                      (B) explain the meaning of the uncertainties in 
                  terms of interpreting the ranking and evaluation; and
                      (C) determine--
                              (i) the type and nature of research that 
                          would likely reduce the uncertainties; and
                              (ii) the cost of conducting the research.
              (5) Consideration of benefits.--In carrying out this 
          section, the Administrator shall consider and, to the extent 
          practicable, estimate the monetary value, and such other values 
          as the Administrator determines to be appropriate, of the 
          benefits associated with reducing risk to human health and the 
          environment, including--
                      (A) avoiding premature mortality;
                      (B) avoiding cancer and noncancer diseases that 
                  reduce the quality of life;
                      (C) preserving biological diversity and the 
                  sustainability of ecological resources;
                      (D) maintaining an aesthetically pleasing 
                  environment;
                      (E) valuing services performed by ecosystems (such 
                  as flood mitigation, provision of food or material, or 
                  regulating the chemistry of the air or water) that, if 
                  lost or degraded, would have to be replaced by 
                  technology;
                      (F) avoiding other risks identified by the 
                  Administrator; and
                      (G) considering the benefits even if it is not 
                  possible to estimate the monetary value of the benefits 
                  in exact terms.
              (6) Reports.--
                      (A) Preliminary report.--Not later than 1 year 
                  after the date of enactment of this Act, the 
                  Administrator shall report to Congress on the sources 
                  of pollution and other Federal actions that the 
                  Administrator will address, and the approaches and 
                  methodology the Administrator will use, in carrying out 
                  the rankings and evaluations under this section. The 
                  report shall also include an evaluation by the 
                  Administrator of the need for the development of 
                  methodologies to carry out the ranking.
                      (B) Periodic report.--
                              (i) In general.--On completion of the 
                          ranking and evaluations conducted by the 
                          Administrator under this section, but not later 
                          than 3 years after the date of enactment of 
                          this Act, and every 3 years thereafter, the 
                          Administrator shall report the findings of the 
                          rankings and evaluations to Congress and make 
                          the report available to the general public.
                              (ii) Evaluation of risks.--Each periodic 
                          report prepared pursuant to this subparagraph 
                          shall, to the extent practicable, evaluate risk 
                          management decisions under Federal 
                          environmental laws, including title XIV of the 
                          Public Health Service Act (commonly known as 
                          the ``Safe Drinking Water Act'') (42 U.S.C. 
                          300f et seq.), that present inherent and 
                          unavoidable choices between competing risks, 
                          including risks of controlling microbial versus 
                          disinfection contaminants in drinking water. 
                          Each periodic report shall address the policy 
                          of the Administrator concerning the most 
                          appropriate methods of weighing and analyzing 
                          the risks, and shall incorporate information 
                          concerning--
                                      (I) the severity and certainty of 
                                  any adverse effect on human health, the 
                                  environment, or public welfare;
                                      (II) whether the effect is 
                                  immediate or delayed;
                                      (III) whether the burden associated 
                                  with the adverse effect is borne 
                                  disproportionately by a segment of the 
                                  general population or spread evenly 
                                  across the general population; and
                                      (IV) whether a threatened adverse 
                                  effect can be eliminated or remedied by 
                                  the use of an alternative technology or 
                                  a protection mechanism.
      (d) Implementation.--In carrying out this section, the 
  Administrator shall--
              (1) consult with the appropriate officials of other Federal 
          agencies and State and local governments, members of the 
          academic community, representatives of regulated businesses and 
          industry, representatives of citizen groups, and other 
          knowledgeable individuals to develop, evaluate, and interpret 
          scientific and economic information;
              (2) make available to the general public the information on 
          which rankings and evaluations under this section are based; 
          and
              (3) establish methods for determining costs and benefits of 
          environmental regulations and other Federal actions, including 
          the valuation of natural resources and intergenerational costs 
          and benefits, by rule after notice and opportunity for public 
          comment.
      (e) Review by the Science Advisory Board.--Before the Administrator 
  submits a report prepared under this section to Congress, the Science 
  Advisory Board, established by section 8 of the Environmental Research, 
  Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall 
  conduct a technical review of the report in a public session.
target: Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to:  (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution; and (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. 
  Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. 
  Directs the Administrator to:  (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research.  Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. 
  Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks.  Provides for review of reports by the Science Advisory Board prior to submission.
feat_title: Environmental Risk Evaluation Act of 1995