Pub. L. 104-182, tit. I, sec. 103

RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.

EnactedYear: 1996Length: 763 wordsOfficial source
SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after paragraph (2) the following: “(3) Risk assessment, management, and communication.— “(A) Use of science in decisionmaking.— In carrying out this section, and, to the degree that an Agency action is based on science, the Administrator shall use— “(i) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and “(ii) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data). “(B) Public information.— In carrying out this section, the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. The Administrator shall, in a document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable— “(i) each population addressed by any estimate of public health effects; “(ii) the expected risk or central estimate of risk for the specific populations; “(iii) each appropriate upper-bound or lower-bound estimate of risk; “(iv) each significant uncertainty identified in the process of the assessment of public health effects and studies that would assist in resolving the uncertainty; and “(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to support any estimate of public health effects and the methodology used to reconcile inconsistencies in the scientific data. “(C) Health risk reduction and cost analysis.— “(i) Maximum contaminant levels.— When proposing any national primary drinking water regulation that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on, and use for the purposes of paragraphs (4), (5), and (6) an analysis of each of the following: “(I) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that 110 STAT. 1622such benefits are likely to occur as the result of treatment to comply with each level. “(II) Quantifiable and nonquantifiable health risk reduction benefits for which there is a factual basis in the rulemaking record to conclude that such benefits are likely to occur from reductions in co-occurring contaminants that may be attributed solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations. “(III) Quantifiable and nonquantifiable costs for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the maximum contaminant level, including monitoring, treatment, and other costs and excluding costs resulting from compliance with other proposed or promulgated regulations. “(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered. “(V) The effects of the contaminant on the general population and on groups within the general population such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that are identified as likely to be at greater risk of adverse health effects due to exposure to contaminants in drinking water than the general population. “(VI) Any increased health risk that may occur as the result of compliance, including risks associated with co-occurring contaminants. “(VII) Other relevant factors, including the quality and extent of the information, the uncertainties in the analysis supporting subclauses (I) through (VI), and factors with respect to the degree and nature of the risk. “(ii) Treatment techniques.— When proposing a national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as the result of compliance with the treatment technique and alternative treatment techniques that are being considered, taking into account, as appropriate, the factors described in clause (i). “(iii) Approaches to measure and value benefits.— The Administrator may identify valid approaches for the measurement and valuation of benefits under this subparagraph, including approaches to identify consumer willingness to pay for reductions in health risks from drinking water contaminants. “(iv) Authorization.— There are authorized to be appropriated to the Administrator, acting through the Office of Ground Water and Drinking Water, to conduct 110 STAT. 1623studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000 for each of fiscal years 1996 through 2003.”.
Pub. L. 104-182, tit. I, sec. 103: RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. | Justis AI