S. 656 - Indoor Air Quality Act of 1993EXACT TEXT OF BILL Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Indoor air quality research. Sec. 6. Management practices, voluntary partnership programs, and ventilation standards. Sec. 7. Indoor air contaminant health advisories. Sec. 8. National indoor air quality response plan. Sec. 9. Federal building response plan and demonstration program. Sec. 10. State and local indoor air quality programs. Sec. 11. Office of Radiation and Indoor Air. Sec. 12. Council on Indoor Air Quality. Sec. 13. Indoor air quality information clearinghouse. Sec. 14. Building assessment demonstration. Sec. 15. State and Federal authority. Sec. 16. Authorization of appropriations.
SEC. 2. FINDINGS. (1) Americans spend up to 90 percent of a day indoors and, as a result, have a significant potential for exposure to contaminants in the air indoors; (2) exposure to indoor air contamination occurs in workplaces, schools, public buildings, residences, and transportation vehicles; (3) recent scientific studies indicate that pollutants in the indoor air include radon, asbestos, volatile organic chemicals (including formaldehyde and benzene), combustion byproducts (including carbon monoxide and nitrogen oxides), metals and gases (including lead, chlorine, and ozone), respirable particles, biological contaminants, microorganisms, and other contaminants; (4) a number of contaminants found in both ambient air and indoor air may occur at higher concentrations in indoor air than in outdoor air; (5) indoor air pollutants pose serious threats to public health (including cancer, respiratory illness, multiple chemical sensitivities, skin and eye irritation, and related effects); (6) up to 15 percent of the population of the United States may have heightened sensitivity to chemicals and related substances found in the air indoors; (7) radon is among the most harmful indoor air pollutants and is estimated to cause between 5,000 and 20,000 lung cancer deaths each year; (8) other selected indoor air pollutants are estimated to cause between 3,500 and 6,500 additional cancer cases per year; (9) indoor air contamination is estimated to cause significant increases in medical costs and declines in work productivity; (10) as many as 20 percent of office workers may be exposed to environmental conditions manifested as `sick building syndrome'; (11) sources of indoor air pollution include conventional ambient air pollution sources, building materials, consumer and commercial products, combustion appliances, indoor application of pesticides, and other sources; (12) there is not an adequate effort by Federal agencies to conduct research on the seriousness and extent of indoor air contamination, to identify the health effects of indoor air contamination, and to develop control technologies, education programs, and other methods of reducing human exposure to the contamination; (13) there is not an adequate effort by Federal agencies to develop response plans to reduce human exposure to indoor air contaminants and there is a need for improved coordination of the activities of these agencies; (14) there is not an adequate effort by Federal agencies to develop methods, techniques, and protocols for assessment of indoor air contamination in non-residential, non-industrial buildings and to provide guidance on measures to respond to contamination; and (15) State governments can make significant contributions to the effective reduction of human exposure to indoor air contaminants and the Federal Government should assist States in development of programs to reduce exposures to the contaminants. SEC. 3. PURPOSES. (1) develop and coordinate through the Environmental Protection Agency and at other departments and agencies of the United States a comprehensive program of research and development that addresses the seriousness and extent of indoor air contamination, the human health effects of indoor air contaminants, and the technological and other methods of reducing human exposure to the contaminants; (2) establish a process under which the existing authorities of Federal laws will be directed and focused to ensure the full and effective application of the authorities to reduce human exposure to indoor air contaminants where appropriate; (3) provide support to State governments to demonstrate and develop indoor air quality management strategies, assessments, and response programs; and (4) authorize activities to ensure the general coordination of indoor air quality-related activity, provide for reports on indoor air quality to Congress, provide for assessments of indoor air contamination in specific buildings by the National Institute for Occupational Safety and Health, ensure that data and information on indoor air quality issues is available to interested parties, provide training, education, information, and technical assistance to the public and private sector, and for other purposes. [Page: S14686] SEC. 4. DEFINITIONS. (1) Administrator: The term `Administrator' means the Administrator of the Environmental Protection Agency. (2) Administration: The term `Administration' means the Occupational Safety and Health Administration. (3) Agency: The term `Agency' means the Environmental Protection Agency. (4) Director: The term `Director' means the Director of the National Institute of Occupational Safety and Health. (5) Federal agency: The term `Federal agency' or `agency of the United States' means any department, agency or other instrumentality of the Federal Government, including any independent agency or establishment of the Federal Government or government corporation. (6) Federal building: The term `Federal building' means any building that is used primarily as an office building, school, hospital, or residence that is owned, leased, or operated by any Federal agency and is over 10,000 square feet in area, any building occupied by the Library of Congress, the White House, or the Vice Presidential residence, and any building that is included in the definition of Capitol Buildings under section 193m(1) of title 40, United States Code. (7) Indoor: The term `indoor' means the enclosed portions of buildings, including nonindustrial workplaces, public buildings, Federal buildings, schools, commercial buildings, and residences, and the occupied portions of vehicles. (8) Indoor air contaminant: The term `indoor air contaminant' means any solid, liquid, semisolid, dissolved solid, biological organism, aerosol, or gaseous material, including combinations or mixtures of substances, known to occur in indoor air that may reasonably be anticipated to have an adverse effect on human health. (9) Local air pollution control agency: The term `local air pollution control agency' means any city, county, or other local government authority charged with the responsibility for implementing programs or enforcing laws or ordinances relating to the prevention and control of air pollution, including indoor air pollution. (10) Local education agency: The term `local education agency' means any educational agency as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381). SEC. 5. INDOOR AIR QUALITY RESEARCH. (1) In general: The Administrator shall, in coordination with other appropriate Federal agencies, establish a national research, development, and demonstration program to ensure the quality of air indoors. As part of the program, the Administrator shall promote the coordination and acceleration of research, investigations, experiments, demonstrations, surveys, and studies relating to the causes, sources, effects, extent, prevention, detection, and correction of contamination of indoor air. (2) Duties of administrator: In carrying out this section, the Administrator is authorized, subject to the availability of appropriations, to-- (A) collect and make available to the public, through publications and other appropriate means, the results of research, development, and demonstration activities conducted pursuant to this section; (B) conduct research, development, and demonstration activities and cooperate with other Federal agencies, State and local government entities, interstate and regional agencies, other public agencies and authorities, nonprofit institutions and organizations, and other persons in the preparation and conduct of the research, development, and demonstration activities; (C) make grants to States or local government entities, other public agencies and authorities, nonprofit institutions and organizations, and other persons; (D) enter into contracts or cooperative agreements with public agencies and authorities, nonprofit institutions and organizations, and other persons; (E) conduct studies, including epidemiological studies, of the effects of indoor air contaminants or potential contaminants on mortality and morbidity and clinical and laboratory studies on the immunologic, biochemical, physiological, and toxicological effects (including the carcinogenic, teratogenic, mutagenic, cardiovascular, and neurotoxic effects) of indoor air contaminants or potential contaminants; (F) develop and disseminate information documents on indoor air contaminants describing the nature and characteristics of the contaminants in various concentrations; (G) develop effective and practical processes, protocols, methods, and techniques for the prevention, detection, and correction of indoor air contamination and work with the private sector, other governmental entities, and schools and universities to encourage the development of innovative techniques to improve indoor air quality; (H) construct such facilities, employ such staff, and provide such equipment as are necessary to carry out this section; (I) call conferences concerning the potential or actual contamination of indoor air giving opportunity for interested persons to be heard and present papers at the conferences; (J) utilize, on a reimbursable basis, facilities and personnel of existing Federal scientific laboratories and research centers; (K) acquire secret processes, technical data, inventions, patent applications, patents, licenses, and an interest in lands, plants, equipment and facilities, and other property rights, by purchase, license, lease, or donation, and if the Administrator expects or intends that research conducted pursuant to this subsection will primarily affect worker safety and health, the Administrator shall consult with the Assistant Secretary of Occupational Safety and Health and the Director; and (L) conduct research, development, and demonstration activities through
nonprofit institutions on the use of indoor foliage as a method to reduce indoor
air pollution. (1) The effects on human health of contaminants or combinations of contaminants (whether natural or anthropogenic) at various levels including additive, cumulative, and synergistic effects on populations both with and without heightened sensitivity that are found or are likely to be found in indoor air. (2) The exposure of persons to contaminants that are found in indoor air (including exposure to the substances from sources other than indoor air contamination, including drinking water, diet, or other exposures). (3) The identification of populations at increased risk of illness from exposure to indoor air contaminants and assessment of the extent and characteristics of the exposure. (4) The exposure of persons to contaminants in buildings of different classes or types, and in vehicles, and assessment of the association of particular contaminants and particular building classes or types and vehicles. (5) The identification of building classes or types and design features or characteristics that increase the likelihood of exposure to indoor air contaminants. (6) The identification of the sources of indoor air contaminants, including association of contaminants with outdoor sources, building or vehicle design, classes or types of products, building management practices, equipment operation practices, building materials, and related factors. (7) The assessment of relationships between contaminant concentration levels in ambient air and the contaminant concentration levels in the indoor air. (8) The development of methods and techniques for characterizing and modeling indoor air movement and flow within buildings or vehicles, including the transport and dispersion of contaminants in the indoor air. (9) The assessment of the fate, including degradation and transformation, of particular contaminants in indoor air. (10) The development of methods and techniques to characterize the association of contaminants, the levels of contaminants, and the potential for contamination of new construction with climate, building location, seasonal change, soil and geologic formations, and related factors. (11) The assessment of indoor air quality in facilities of local education agencies and buildings used as child care facilities and development of measures and techniques for control of indoor air contamination in the buildings. (12) The development of protocols, methods, techniques, and instruments for sampling indoor air to determine the presence and level of contaminants, including sample collection and the storage of samples before analysis and development of methods to improve the efficiency and reduce the cost of analysis. (13) The development of air quality sampling methods and instruments that are inexpensive and easy to use and may be used by the general public. (14) The development of control technologies, building design criteria, and management practices to prevent the entrance of contaminants into buildings or vehicles (such as air intake protection, sealing, and related measures) and to reduce the concentrations of contaminants indoor (such as control of emissions from internal sources of contamination, improved air exchange and ventilation, filtration, and related measures). (15) The development of materials and products that may be used as alternatives to materials or products that are now in use and that contribute to indoor air contamination. (16) Research, to be carried out principally by the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health, for the purpose of assessing-- (A) the exposure of workers to indoor air contaminants, including an assessment of resulting health effects; and (B) the costs of declines in productivity, sick time use, increased use of employer-paid health insurance, and worker compensation claims. (17) Research, to be carried out in conjunction with the Secretary of Housing and Urban Development, and the Secretary of the Department of Energy for the purpose of developing methods for assessing the potential for indoor air contamination of new construction and design measures to avoid indoor air contamination. (18) Research, to be carried out in conjunction with the Secretary of Transportation, for the purposes of-- (A) assessing the potential for indoor air contamination in public and private transportation; and (B) designing measures to avoid the indoor air contamination. (19) Research, to be carried out in consultation with the Administrator for
the National Aeronautics and Space Administration, for the purpose of assessing
the use of indoor foliage as a means to reduce indoor air contamination,
including demonstration projects to determine the level of pollutants reduced by
indoor plants in buildings. (1) In general: The Administrator may enter into cooperative agreements or contracts with, or provide financial assistance in the form of grants to, public agencies and authorities, nonprofit institutions and organizations, employee advocate organizations, local educational institutions, or other appropriate entities or persons to demonstrate practices, methods, technologies, or processes that may be effective in controlling sources or potential sources of indoor air contamination, preventing the occurrence of indoor air contamination, and reducing exposures to indoor air contamination. (2) Requirements for assistance: The Administrator may assist a demonstration activity under paragraph (1) only if-- (A) the demonstration activity will serve to demonstrate a new or significantly improved practice, method, technology, or process or the feasibility and cost effectiveness of an existing, but unproven, practice, method, technology, or process and will not duplicate other Federal, State, local, or commercial efforts to demonstrate the practice, method, technology, or process; (B) the demonstration activity meets the requirements of this section and serves the purposes of this Act; (C) the demonstration of the practice, technology, or process will comply with all other laws and regulations for the protection of human health, welfare, and the environment; and (D) in the case of a contract or cooperative agreement, the practice, method, technology, or process-- (i) would not be adequately demonstrated by State, local, or private persons, or in the case of an application for financial assistance, by a grant; and (ii) is not likely to receive adequate financial assistance from other sources. (3) Solicitations: The demonstration program established by this subsection shall include solicitations for demonstration projects, selection of suitable demonstration projects from among the proposed demonstration projects, supervision of the demonstration projects, evaluation and publication of the results of demonstration projects, and dissemination of information on the effectiveness and feasibility of the practices, methods, technologies, and processes that are proven to be effective. (4) Published solicitations: Not later than 180 days after the date of enactment of this Act, and not less often than every 12 months thereafter, the Administrator shall publish a solicitation for proposals to demonstrate, prototype or at full-scale, practices, methods, technologies, and processes that are (or may be) effective in controlling sources or potential sources of indoor air contaminants. The solicitation notice shall prescribe the information to be included in the proposal, including technical and economic information derived from the research and development efforts of the applicant, and other information sufficient to permit the Administrator to assess the potential effectiveness and feasibility of the practice, method, technology, or process proposed to be demonstrated. (5) Applications: Any person and any public or private nonprofit entity may submit an application to the Administrator in response to the solicitations required by paragraph (4). The application shall contain a proposed demonstration plan setting forth how and when the project is to be carried out and such other information as the Administrator may require. (6) Review: In selecting practices, methods, technologies, or processes to be demonstrated, the Administrator shall fully review the applications submitted and shall evaluate each project according to the following criteria: (A) The potential for the proposed practice, method, technology, or process to effectively control sources or potential sources of contaminants that present risks to human health. (B) The consistency of the proposal with the recommendations provided pursuant to section 8(d)(8). (C) The capability of the person or persons proposing the project to successfully complete the demonstration as described in the application. (D) The likelihood that the demonstrated practice, method, technique, or process could be applied in other locations and circumstances to control sources or potential sources of contaminants, including considerations of cost, effectiveness, and technological feasibility. (E) The extent of financial support from other persons to accomplish the demonstration as described in the application. (F) The capability of the person or persons proposing the project to disseminate the results of the demonstration or otherwise make the benefits of the practice, method, or technology widely available to the public in a timely manner. (7) Selection of projects: The Administrator shall select or refuse to select a project for demonstration under this subsection in an expeditious manner. In the case of a refusal to select a project, the Administrator shall notify the applicant of the reasons for the refusal. (8) Performance of projects: Each demonstration project under this section shall be performed by the applicant, or by a person satisfactory to the applicant, under the supervision of the Administrator. The Administrator shall enter into a written agreement with each applicant granting the Administrator the responsibility and authority for testing procedures, quality control, monitoring, and other measurements necessary to determine and evaluate the results of the demonstration project. (9) Agreements: The Administrator shall enter into agreements, if practicable and desirable, to provide for monitoring testing procedures, quality control, and such other measurements as are necessary to evaluate the results of demonstration projects or facilities intended to control sources or potential sources of contaminants. (10) Schedules: Each demonstration project under this section shall be completed within such time as is established in the demonstration plan. The Administrator may extend any deadline established under this subsection by mutual agreement with the applicant concerned. (11) Federal funds: The total amount of Federal funds for any demonstration project under this section shall not exceed 75 percent of the total cost of the project. If the Administrator determines that research under this section is of a basic nature that would not otherwise be undertaken, or the applicant is a local educational agency, the Administrator may approve a grant under this section with a matching requirement other than that specified in this subsection, including full Federal funding. (12) Reports: The Administrator shall, from time to time,
publish general reports describing the findings of demonstration projects
conducted pursuant to this section. The reports shall be provided to the indoor
air quality information clearinghouse provided for in section 13. (1) In general: The Administrator shall conduct a national study of the seriousness and extent of indoor air contamination in buildings owned by local educational agencies and child care facilities. (2) Advisory group: The Administrator shall establish an advisory group composed of representatives of school administrators, teachers, child care organizations, parents and service employees and other interested parties, including scientific and technical experts familiar with indoor air pollution exposures, effects, and controls, to provide guidance and direction in the development of the national study. (3) Report: Not later than 2 years after the date of
enactment of this Act, the Administrator shall provide a report to Congress of
the results of the national study. The report required by this paragraph shall
provide such recommendations for activities or programs to reduce and avoid
indoor air contamination in buildings owned by local educational agencies and in
child care facilities as the Administrator determines appropriate. (1) In general: The Administrator and the Director shall conduct research on indoor air quality in commercial buildings to develop baseline information on indoor air quality in the buildings. (2) Requirements of research: Research carried out under this subsection shall comply with generally accepted principles of the proper design, maintenance, and operation of ventilation, filtration, and other building systems. (3) Persons that may conduct research: The Administrator and the Director may arrange to have all or a portion of the research to be carried out by appropriate private persons and academic institutions. (4) Contents of study: The study shall include-- (A) monitoring of respirable particulate matter, volatile compounds, biological contaminants, and other contaminants of interest; and (B) identification of the sources of indoor air contaminants. [Page: S14688] SEC. 6. MANAGEMENT PRACTICES, VOLUNTARY PARTNERSHIP PROGRAMS, AND VENTILATION
STANDARDS. (1) In general: The Administrator shall publish bulletins providing an assessment of technologies and management practices for the control and measurement of contaminants in the air indoors. (2) Bulletins: The bulletins published pursuant to this subsection shall, at a minimum-- (A) describe the control or measurement technology or practice; (B) describe the effectiveness of the technology or practice in control or measurement of indoor air contaminants and, to the extent feasible, the resulting reduction in risk to human health; (C) assess the feasibility of the application of the technology or practice in buildings of different types, sizes, ages, and designs; (D) assess the cost of the application of the technology or practice in buildings of different types, sizes, ages, and designs, including capital and operational costs; and (E) assess any risks to human health that the technology or practice may create. (3) Format: The Administrator shall establish and utilize a standard format for presentation of the technology and management practice assessment bulletins. The format shall be designed to facilitate assessment of technologies or practices by interested parties, including homeowners and building owners and managers. (4) Schedule of publication: The Administrator shall provide that, to the extent practicable, bulletins published pursuant to this subsection shall be published on a schedule consistent with the publication of health advisories pursuant to section 7(b). (5) Public review: In developing bulletins pursuant to this subsection, the Administrator shall provide for public review and shall consider public comment prior to the publication of bulletins. If the technology or management practice is expected to have significant implications for worker safety or health, the Administrator shall consult with the Director prior to seeking review and comment. (6) Distribution: The bulletins published pursuant to this
subsection shall be provided to the indoor air quality information clearinghouse
established under section 13 and, to the extent practicable, shall be made
available to architecture, design, and engineering firms, building owners and
managers, and organizations representing the parties. (1) In general: The Administrator shall develop a voluntary partnership program in cooperation with corporations and other entities that own, operate, or occupy buildings. (2) Partnerships: The Administrator shall enter into the voluntary partnerships as an incentive to promote the implementation of pollution prevention, problem mitigation, and energy-wise technology strategies in exchange for indoor air quality technical support and recognition of the Agency. (3) Recognition: The Administrator may award recognition to
corporations or other persons that comply with management practices that are
necessary to improve air quality. (1) In general: Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Occupational Safety and Health, in cooperation with the Administrator of the General Services Administration and the Administrator, shall develop an indoor air training course providing training with respect to-- (A) principles, methods, and techniques related to ventilation system operation and maintenance, including applicable ventilation guidelines and standards; (B) the maintenance of records concerning indoor air quality, including maintenance of ventilation systems, complaints of indoor air quality, and actions taken to address indoor air quality problems; (C) health threats posed by indoor air contaminants, including a knowledge of health advisories published pursuant to this Act and other information concerning contaminant levels; (D) identification of potential indoor air contaminant sources and options for reducing exposures to contaminants; (E) special measures that may be necessary to reduce indoor air contaminant exposures in new buildings and in portions of buildings that have been renovated or substantially refurbished within the 6-month period preceding the measures; and (F) special measures that may be necessary to reduce exposures to contaminants associated with pesticide applications, installation of products, furnishings, or equipment, and cleaning operations. (2) Training courses: Not later than 2 years after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall provide, or contract for the provision of, training courses pursuant to paragraph (1) sufficient, at a minimum, to ensure training on a schedule consistent with the requirements of section 9(f)(2). (3) Fees: The Director of the National Institute of Occupational Safety and Health, or firms or organizations operating under contract with the Administrator of the General Services Administration, are authorized to establish a fee for training pursuant to this subsection. The fees shall be in an amount not to exceed the amount necessary to defray the costs of the training program. (4) Report: Not later than 4 years after the date of
enactment of this Act, the Director of the National Institute of Occupational
Safety and Health, in consultation with the Administrator of the General
Services Administration, and the Administrator, shall prepare a report to
Congress assessing the training program under this subsection and making
recommendations concerning the application of training requirements to classes
and types of buildings not covered under this subsection. (1) In general: The Administrator, in coordination with other Federal agencies, shall conduct a program to analyze the adequacy of ventilation standards and guidelines to protect the public and workers from indoor air contaminants. (2) Duties of administrator: The Administrator shall-- (A) identify and describe ventilation standards adopted by State and local governments and professional organizations, including the American Society of Heating, Refrigerating and Air Conditioning Engineers; (B) determine the adequacy of the standards for protecting public health and promoting worker productivity; (C) assess the costs of compliance with the standards; (D) determine the degree to which the standards are being adopted and enforced; (E) identify the extent to which buildings are being operated in a manner that achieves the standards; and (F) assess the potential for the standards to complement controls over specific sources of contaminants in reducing indoor air contamination. SEC. 7. INDOOR AIR CONTAMINANT HEALTH ADVISORIES. (1) In general: Not later than 18 months after the date of enactment of this Act, the Administrator shall prepare and publish in the Federal Register a list of indoor air contaminants (referred to in this section as `listed contaminants'). The list may include combinations or mixtures of contaminants and may refer to the combinations or mixtures by a common name. (2) Review of list: The Administrator shall from time to time and as necessary to carry out this Act, but not less often than biennially, review and revise the list by adding other contaminants pursuant to this Act. (3) Contents of list: The list provided for in paragraph (1) shall include, at a minimum, benzene, biological contaminants, carbon monoxide, formaldehyde, lead, methylene chloride, nitrogen oxide, particulate matter, asbestos, polycyclic aromatic hydrocarbons (PAHs), and radon. (4) Consultation and public review: In developing the list
provided for in paragraph (1) or in revising the list pursuant to paragraph (2),
the Administrator shall consult with the advisory panel provided for in
subsection (c), provide for public review, and consider public comment prior to
the issuance of a final list. (1) In general: The Administrator shall, in consultation with the advisory panel, provided for in subsection (c), and after providing for public review and comment pursuant to paragraph (6), publish advisory materials addressing the adverse human health effects of listed contaminants. (2) Contents of materials: The advisory materials shall, at a minimum, describe-- (A) the physical, chemical, biological, and radiological properties of the contaminant; (B) the adverse human health effects of the contaminant in various indoor environments and in various concentrations, including the health threat to subpopulations that may be especially sensitive to exposure to the contaminant; (C) the extent to which the contaminant, or a mixture of contaminants, is associated with a particular substance of material and emissions rates that are expected to result in varying levels of contaminant concentration in indoor air; (D) any Technology and Management Practice Assessment Bulletin that is applicable to the contaminant and any actions that are identified for the contaminant in the National Indoor Air Quality Response Plan prepared pursuant to this Act; and (E) any indoor air contaminant standards or related action levels that are in effect under any authority of a Federal law or regulation, the authority of State laws or regulations, the authority of any local government, or the authority of another country, including standards or action levels suggested by appropriate international organizations. (3) Statutory construction: Health advisories published pursuant to his section shall in no way limit or restrict the application of requirements or standards established under any other Federal law. (4) Format: The Administrator shall establish and utilize a standard format of presentation of indoor air contaminant health advisories. The format shall be designed to facilitate public understanding of the range of risks of exposure to indoor air contaminants and shall include a summary of the research and information concerning the contaminant that is understandable to public health professionals and to individuals who lack training in toxicology. (5) Schedule of publication: The Administrator shall publish health advisories for listed contaminants as expeditiously as practicable. At a minimum, the Administrator shall publish not less than 6 advisories not later than 24 months after the date of enactment of this Act and shall publish an additional 6 advisories not later than 36 months after the date of enactment of this Act. (6) Scientific information: Health advisories shall be based on sound scientific information that has undergone peer review. (7) Review and revision: Health advisories shall be reviewed, revised, and republished to reflect new scientific information on a periodic basis but not less frequently than every 5 years. (8) Review and comment: In developing and revising health
advisories pursuant to this subsection, the Administrator shall provide for
public review and comment, including providing notice in the Federal Register of
the intent to publish a health advisory not later than 90 days prior to
publication, and shall consider public comment prior to issuance of an advisory. [Page: S14689] SEC. 8. NATIONAL INDOOR AIR QUALITY RESPONSE PLAN. (1) the Clean Air Act (42 U.S.C. 7401 et seq.); (2) the Toxic Substances Control Act (15 U.S.C. 201 et seq.); (3) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (4) title XIV of the Public Health Service Act (commonly known as the `Safe Drinking Water Act') (42 U.S.C. 300f et seq.); (5) the authorities of the Consumer Product Safety Commission; (6) the authorities of the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health; and (7) other regulatory and related authorities provided under any other Federal
law. (1) programs to disseminate technical information to public health, design, and construction professionals concerning the risks of exposure to indoor air contaminants and methods and programs for reducing exposure to the contaminants; (2) the development of guidance documents addressing individual contaminants, groups of contaminants, sources of contaminants, or types of buildings or structures and providing information on measures to reduce exposure to contaminants, including-- (A) the estimated cost of the measures; (B) the technologic feasibility of the measures; and (C) the effectiveness and efficiency of the measures; (3) education programs for the general public concerning the health threats posed by indoor air contaminants and appropriate individual response actions; (4) technical assistance, including the design and implementation of training seminars for State and local officials, private and professional firms, and labor organizations dealing with indoor air pollution and addressing topics such as monitoring, analysis, mitigation, building management practices, ventilation, health effects, public information, and program design; (5) the development of model building codes, including ventilation rates, for various types of buildings designed to reduce levels of indoor air contaminants; (6) the identification of contaminants, or circumstances of contamination for which immediate action to protect public and worker health is necessary and appropriate and a description of the actions needed; (7) the identification of contaminants, or circumstances of contamination, in cases in which regulatory or statutory authority is not adequate to address an identified contaminant or circumstance of contamination and recommendation of legislation to provide needed authority; (8) the identification of contaminants, or circumstances of contamination, in cases in which the continued reduction of contamination requires development of technology or technological mechanisms; and (9) the identification of remedies to the `sick building syndrome', including
proper design and maintenance of ventilation systems, building construction and
remodeling practices, and safe practices for the application of pesticides,
herbicides, and disinfectants, and a standardized protocol for investigating and
solving indoor air quality problems in sick buildings. (1) identify the health effects, and any contaminant or contaminants thought to cause health effects to be addressed by a particular action and to the fullest extent feasible, the relative contribution to indoor air contamination from all sources of contamination; (2) identify the statutory basis for the action; (3) identify the schedule and process for implementation of the action; (4) identify the Federal agency with jurisdiction for the specific action that will implement the action; and (5) identify the financial resources needed to implement the specific action
and the source of the resources. (1) In general: The Administrator shall provide for public review and comment on the response plan provided for in this section, including provision of notice in the Federal Register for public review and comment not later than 90 days prior to submission to Congress. The Administrator shall include in the response plan a summary of public comments. (2) Review by council: The Administrator shall provide for
the review and comment on the response plan by the Council on Indoor Air Quality
provided for under section 12. (1) Monitoring and mitigation services: In the first plan published pursuant to this section shall include an assessment and report on indoor air monitoring and mitigation services provided by private firms and other organizations, including the range of the services, the reliability and accuracy of the services, and the relative costs of the services. The assessment shall include a review and analysis of options for oversight of indoor air monitoring and mitigation firms and organizations, including registration, licensing, and certification of the firms and organizations and options for imposing a user fee on the firms and organizations. (2) Ventilation program: The first plan published pursuant to this section shall include an assessment and report on the ventilation program carried out under this Act, including recommendations concerning-- (A) the establishment of ventilation standards that protect public health and worker health and take into account comfort and energy conservation goals; and (B) ensuring that adequate ventilation standards are being adopted and that buildings are being operated in a manner that achieves standards. (3) Indoor plants: The first plan published pursuant to this section shall include an assessment and report on the research program authorized under section 5(b)(20). In preparing the report, the Administrator shall consult with the Administrator of the National Aeronautics and Space Administration. SEC. 9. FEDERAL BUILDING RESPONSE PLAN AND DEMONSTRATION PROGRAM. (1) In general: The Administrator of the General Services Administration, in consultation with the Administrator, the Assistant Secretary for Occupational Safety and Health Administration, the Director, and the heads of affected Federal departments or agencies shall prepare response plans addressing indoor air quality in Federal buildings. The plans shall, to the fullest extent practicable, be developed in conjunction with response plans developed pursuant to section 8. (2) Contents of response plan: The response plan shall provide for the implementation of a range of response actions that will result in the reduction of human exposure to indoor air contaminants listed pursuant to section 7(a), and the attainment, to the fullest extent practicable, of indoor air contaminant concentration levels that are protective of public and worker health. (3) Requirements for response plan: Each Federal building response plan provided for in paragraph (1) shall include-- (A) a list of all Federal buildings; (B) a description and schedule of general response actions, including general building management practices, product purchase guidelines, air quality problem identification practices and methods, personnel training programs, and other actions to be implemented to reduce exposures to indoor air contaminants in the buildings listed pursuant to subparagraph (A); (C) a list of individual Federal buildings listed pursuant to subparagraph (A) for which there is sufficient evidence of indoor air contamination or related employee health effects to warrant assessment of the building pursuant to section 14 and a schedule for the development and submittal of building assessment proposals pursuant to section 14(d); (D) a description and schedule of specific response actions to be implemented in each specific building identified in subparagraph (C) and assessed pursuant to section 14; (E) an identification of the Federal agency responsible for the funding and implementation of each response action identified in subparagraphs (B) and (D); and (F) an identification of the estimated costs of each response action identified in subparagraphs (B) and (D) and the source of resources to cover the costs. (4) Requirement for response plan: The response plan provided for in this subsection shall address each Federal building identified in paragraph (3)(A), except that a specific building may be exempted from coverage under this subsection. A building may be exempted on the grounds of-- (A) national security; (B) the anticipated demolition or termination of Federal ownership not later than 3 years after the exemption; and (C) a specialized use of a building that precludes necessary actions to reduce indoor air contamination. (5) Submission to congress: The plan provided for in this subsection shall be submitted to Congress not later than 2 years after the date of enactment of this Act, and biennially thereafter. (6) Public review and comment: The Administrator of the General Services Administration shall provide for public review and comment on the response plan provided for in this section, including the provision of notice in the Federal Register, not later than 90 days prior to the submission to Congress of the plan. (7) Public comments: The response plan shall include a
summary of public comments. The Council on Indoor Air Quality provided for under
section 12 shall review and comment on the plan. (1) In general: The Administrator of the General Services Administration shall reserve 0.5 percent of any funds used for the construction of new Federal buildings for the design and construction of measures to reduce indoor air contaminant concentrations within the buildings. (2) Measures that may be funded: The measures that may be funded with the reserve provided for in this subsection include-- (A) the development and implementation of general design principles intended to avoid or prevent contamination of indoor air; (B) the design and construction of improved ventilation techniques or equipment; (C) the development and implementation of product purchasing guidelines; (D) the design and construction of contaminant detection and response systems; (E) the development of building management guidelines and practices; and (F) training in building and systems operations for building management and maintenance personnel. (3) Report: On completion of construction of each Federal building covered by this section, the Administrator of the General Services Administration shall file with the Administrator, the clearinghouse established under section 13, and the Council established under section 12, a report describing the uses made of the reserve provided for in this subsection. The report shall be in sufficient detail to provide design and construction professionals with models and general plans of various indoor air contaminant reduction measures adequate to assess the appropriateness of the measures for application in other buildings. (4) Exemptions: The Administrator of the General Services
Administration, with the concurrence of the Administrator, may exempt a planned
Federal building from the requirements of this subsection if the Administrator
of the General Services Administration finds that the exemption is required on
the grounds of national security or that the intended use of the building is not
compatible with this section. (1) In general: The Administrator of the General Services Administration, in consultation with the Administrator, the Assistant Secretary for Occupational Safety and Health Administration, and the Director, shall provide, by regulation, a method and format for filing and responding to comments and complaints concerning indoor air quality in Federal buildings by workers in the buildings and by the public. The procedure for filing and responding to worker complaints shall supplement and not diminish or supplant existing practices or procedures established under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and executive orders pertaining to health and safety for Federal employees. (2) Listing of filings: A listing of each filing and an analysis of the filing shall be included in each response plan prepared pursuant to this section. The listing shall preserve the confidentiality of individuals making filings under this section. (3) Regulations: The regulations implementing this
subsection shall be issued at the earliest practicable date, but not later than
2 years after the date of enactment of this Act. (1) In general: Not later than 180 days after the date of enactment of this Act, the Administrator of the General Services Administration shall designate, or require that a lessee designate, an Indoor Air Quality Coordinator for each Federal building that is owned or leased by the General Services Administration. (2) Schedule for completion of training courses: Not later than 4 years after the date of enactment of this Act, each Indoor Air Quality Coordinator shall complete the indoor air training course operated pursuant to section 6(b). Beginning on the date that is 3 years after the date of enactment of this Act, each newly designated Indoor Air Quality Coordinator shall complete the indoor air training course not later than 1 year after designation. (3) Failure to designate an indoor air quality coordinator: If the Administrator of the General Services Administration finds that a lessee has failed to designate and train an Indoor Air Quality Coordinator pursuant to the requirements of this Act, the Administrator of the General Services Administration may not reestablish a lease for the building. [Page: S14690] SEC. 10. STATE AND LOCAL INDOOR AIR QUALITY PROGRAMS. (1) In general: The Governor of a State may apply to the Administrator for a grant to support demonstration of the development and implementation of a management strategy and assessment with respect to indoor air quality within the State. (2) Strategies: Each State indoor air quality management strategy shall-- (A) identify a lead agency and provide an institutional framework for protection of indoor air quality; (B) identify and describe existing programs, controls, or related activities concerning indoor air quality within State agencies, including regulations, educational programs, assessment programs, or other activities; (C) identify and describe existing programs, controls, or related activities concerning indoor air quality of local and other sub-State agencies and ensure coordination among local, State, and Federal agencies involved in indoor air quality activities in the State; and (D) ensure the coordination of indoor air quality programs with ambient air quality programs and related activities. (3) Assessment programs: Each State indoor air quality assessment program shall-- (A) identify indoor air contaminants of concern and, to the extent practicable, assess the seriousness and the extent of indoor air contamination by contaminants listed in section 7(a); (B) identify the classes or types of buildings or other indoor environments in which indoor air contaminants pose the most serious threat to human health; (C) if applicable, identify geographic areas in the State where there is a reasonable likelihood of indoor air contamination as a result of the presence of contaminants in the ambient air or the existence of sources of a contaminant; (D) identify methods and procedures for indoor air contaminant assessment and monitoring; (E) provide for periodic assessments of indoor air quality and identification of indoor air quality changes and trends; and (F) establish methods to provide information concerning indoor air contamination to the public and to educate the public and interested groups, including building owners and design and engineering professionals, about indoor air contamination. (4) State authority: As part of a management strategy and assessment under this subsection, the applicant may develop contaminant action levels, guidance, or standards and may draw on health advisories developed pursuant to section 7. (5) Requirements for states: Each State that is selected to demonstrate the development of management and assessment strategies shall provide to the Administrator a management strategy and assessment pursuant to paragraphs (2) and (3) not later than 3 years after the date of selection and shall certify to the Administrator that the strategy and assessment meet the requirements of this Act. (6) Public review and comment: Each State referred to in
paragraph (5) shall provide for public review and comment on the management
strategy and assessment prior to submission of the strategy and assessment to
the Administrator. (1) In general: A Governor of a State or the executive officer of a local air pollution control agency may apply to the Administrator for grant assistance to develop a response program designed to reduce human exposure to an indoor air contaminant or contaminants in the State, a specific class or type of building in that State, or a specific geographic area of that State. (2) Requirements for response program: A response program shall-- (A) address a contaminant or contaminants listed pursuant to section 7(a); (B) identify existing data and information concerning the contaminant or contaminants to be addressed, the class or type of building to be addressed, and the specific geographic area to be addressed; (C) describe and schedule the specific actions to be taken to reduce human exposure to the identified contaminant or contaminants, including the adoption and enforcement of any ventilation standards; (D) identify the State or local agency or public organization that will implement the response actions; (E) identify the Federal, State, and local financial resources to be used to implement the response program; and (F) provide for the assessment of the effectiveness of the response program. (3) State authority: As part of a response program pursuant to this subsection, an applicant may develop contaminant action levels, guidance, or standards based on health advisories developed pursuant to section 7. (4) Ventilation rates: As part of a response program established pursuant to this subsection, an applicant may develop a standard establishing 1 or more ventilation rates for a class or classes of buildings. The standard shall include development of the assessment and compliance programs needed to implement the standard. (5) Response plans: As part of a response program
established pursuant to this subsection, an applicant may develop a response
plan addressing indoor air quality in State and local government buildings. The
plan shall, to the fullest extent practicable, be consistent with response plans
developed pursuant to section 9. (1) Amount: The amount of each grant made under subsection (a)(1) shall not be less than $75,000 for each fiscal year. (2) Selection criteria: In selecting States for the demonstration and implementation of management strategies and assessments under subsection (a)(1), the Administrator shall consider-- (A) the previous experience of a State in addressing indoor air quality issues; (B) the seriousness of the indoor air quality issues identified by the State; and (C) the potential for demonstration of innovative management or assessment measures that may be of use to other States. (3) Focus of resources: In selecting States for the demonstration of management strategies and assessments under subsection (a)(1), the Administrator shall focus resources to ensure that sufficient funds are available to selected States to provide for the development of comprehensive and thorough management strategies and assessments in each selected State and to adequately demonstrate the implementation of the strategies and assessments. (4) Amount: The amount of each grant made under subsection (b)(1) shall not exceed $250,000 for each fiscal year and shall be available to the State for a period of not to exceed 3 years. (5) Selection criteria: In selecting response programs developed under subsection (b) for grant assistance, the Administrator shall consider-- (A) the potential for the response program to bring about reductions in indoor air contaminant levels; (B) the contaminants to be addressed, giving priority to contaminants for which health advisories have been developed pursuant to section 207; (C) the type of building to be addressed, giving priority to building types in which substantial human exposures to indoor air contaminants occur; (D) the potential for development of innovative response measures or methods that may be of use to other States or local air pollution control agencies; and (E) the State indoor air quality management strategy and assessment, giving priority to States with complete indoor air management strategies and assessments. (6) Federal share: The Federal share of each grant made under subsections (a) and (b) shall not exceed 75 per cent of the costs incurred in the demonstration and implementation of the activities and shall be made on the condition that the non-Federal share is provided from non-Federal funds. (7) Availability of funds: Funds awarded as a grant pursuant to subsections (a) and (b) for a fiscal year shall remain available for obligation for the next fiscal year following the fiscal year in which the funds are obligated and for the next following fiscal year. (8) Restriction: No grant shall be made under this section for any fiscal year to a State or local air pollution control agency that in the preceding year received a grant under this section unless the Administrator determines that the agency satisfactorily implemented the grant activities in the preceding fiscal year. (9) Information: States and air pollution control agencies shall provide such information in applications for grant assistance and pertaining to grant funded activities as the Administrator requires. [Page: S14691] SEC. 11. OFFICE OF RADIATION AND INDOOR AIR. (1) list indoor air contaminants and develop health advisories pursuant to section 7; (2) develop national indoor air quality response plans as provided for in section 8; (3) manage Federal grant assistance provided to air pollution control agencies under section 10; (4) ensure the coordination of Federal laws and programs administered by the Agency relating to indoor air quality and reduce duplication or inconsistencies among the programs; (5) work with other Federal agencies, including the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health, to ensure the effective coordination of programs related to indoor air quality; and (6) work with public interest groups, labor organizations, and the private sector in development of information related to indoor air quality, including the health threats of human exposure to indoor air contaminants, the development of technologies and methods to control the contaminants, and the development of programs to reduce contaminant concentrations. SEC. 12. COUNCIL ON INDOOR AIR QUALITY. (1) provide for the full and effective coordination of Federal agency activities relating to indoor air quality; (2) provide a forum for the resolution of conflicts or inconsistencies in policies or programs related to indoor air quality; (3) review and comment on the national indoor air quality response program developed pursuant to section 8 and the Federal building response plans developed pursuant to section 9(b); and (4) prepare a report to Congress pursuant to subsection (d). (1) In general: The Council on Indoor Air Quality shall include a senior representative of each Federal agency involved in indoor air quality programs, including-- (A) the Agency; (B) the Occupational Safety and Health Administration; (C) the National Institute of Occupational Safety and Health; (D) the Department of Health and Human Services; (E) the Department of Housing and Urban Development; (F) the Department of Energy; (G) the Department of Transportation; (H) the Consumer Product Safety Commission; and (I) the General Services Administration. (2) Chairperson: The representative of the Agency shall serve as the Chairperson of the Council. (3) Staff: The Council shall be served by a staff that shall include an Executive Director and not less than 3 full-time equivalent employees who shall be employees of the Agency. SEC. 13. INDOOR AIR QUALITY INFORMATION CLEARINGHOUSE. SEC. 14. BUILDING ASSESSMENT DEMONSTRATION. (1) In general: The Director of the National Institute for Occupational Safety and Health shall, in consultation with the Administrator, implement a Building Assessment Demonstration Program to support the development of methods, techniques, and protocols for the assessment of indoor air quality in nonresidential, nonindustrial buildings and to provide assistance and guidance to building owners and occupants on measures to improve air quality. (2) Onsite assessments: In implementing this section, the Director shall have the authority to conduct onsite assessments of individual buildings, including Federal, State, and municipal buildings. (3) Statutory construction: Nothing in this section shall in
any way limit or constrain existing authorities under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.). (1) an identification of suspected building conditions or contaminants (or both) and the magnitude of the conditions or contaminants; (2) an assessment of the probable sources of contaminants in the air in the building; (3) a review of the nature and extent of health concerns and symptoms identified by building occupants; (4) an assessment of the probable association of indoor air contaminants with the health and related concerns of building occupants, including an assessment of occupational and environmental factors that may relate to the health concerns; (5) an identification of appropriate measures to control contaminants in the air in the building, to reduce the concentration levels of contaminants, and to reduce exposure to contaminants; and (6) an evaluation of the effectiveness of response measures in the control
and reduction of contaminants and contaminant levels, the change in occupant
health concerns and symptoms, the approximate costs of the measures, and any
additional response measures that may reduce health concerns of occupants. (1) In general: The Director shall prepare-- (A) a preliminary report of each building assessment that shall document findings concerning assessment elements in paragraphs (1) through (5) of subsection (b); and (B) a final report that shall provide an overall summary of the building assessment, including information on the effectiveness and cost of response measures, and the potential for application of response measures to other buildings. (2) Schedule of reports: Each preliminary assessment report shall be prepared not later than 180 days after the selection of a building for assessment. A final assessment report shall be prepared not later than 180 days after completion of a preliminary report. (3) Availability of reports: Preliminary and final reports
shall be made available to building owners, occupants, and the authorized
representatives of occupants. (1) In general: The Director shall consider individual buildings for assessment under this section in response to a proposal identifying a building and the building owner and providing preliminary, background information about the nature of the indoor air contamination, previous response to air contamination problems, and the characteristics, occupancy, and uses of the building. (2) Building assessment proposals: A Building assessment
proposal may be submitted by a building owner or occupants or the authorized
representatives of building occupants, including the authorized representatives
of employees working in a building. (1) In general: In selecting buildings to be assessed under this section, the Director shall consider-- (A) the seriousness and extent of apparent indoor air contamination and human health effects of the contamination; (B) the proposal for a building assessment submitted pursuant to subsection (d); (C) the views and comments of the building owners; (D) the potential for the building assessment to expand knowledge of building assessment methods, including identification of contaminants and other relevant building conditions, assessment of sources, and development of response measures; and (E) the listing of a building pursuant to section 9(b)(3)(C). (2) Preliminary response: The Director shall provide a
preliminary response and review of building assessment proposals to applicants
and the applicable building owner not later than 60 days after receipt of a
proposal and, to the extent practicable, shall provide a final decision
concerning selection of a proposal not later than 120 days after the submittal
of the proposal. (1) In general: The Director may enter into agreements with private individuals, firms, State and local governments, or academic institutions for services and related assistance in conduct of assessments under this section. (2) Other federal agencies: The Director may enter into
agreements with any other Federal agency for the assignment of Federal employees
to a specific building assessment project for a period of not to exceed 180
days. (1) In general: The Director shall provide, on an annual basis, a report on the implementation of this section to the Administrator and to the Council on Indoor Air Quality established pursuant to section 12. (2) General reports: The Director shall, from time to time and in consultation with the Administrator, publish general reports containing materials, information, and general conclusions concerning assessments conducted pursuant to this section. The reports may address concerns related to the remediation of indoor air contamination problems, the assessment of health related concerns and the prevention of the problems through improved design, materials, product specifications, and management practices. (3) Availability of reports: The reports prepared pursuant to this subsection and subsection (c) shall be provided to the indoor air quality information clearinghouse provided for in section 13 and, to the extent practicable, the reports shall be made available to architectural, design, and engineering firms and to organizations representing the firms. [Page: S14692] SEC. 15. STATE AND FEDERAL AUTHORITY. SEC. 16. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Under the previous order the motion to reconsider the vote is laid upon the table. The Senator from Virginia is recognized. Mr. WARNER. Mr. President, parliamentary inquiry. Would it be appropriate at this time to speak as in morning business? The PRESIDING OFFICER. The Senator is correct. END |