Environmental Justice Act of 1999
HR 1510 IH
106th CONGRESS
1st Session
H. R. 1510
To promote environmental justice, public health, and pollution reduction
efforts.
IN THE HOUSE OF REPRESENTATIVES
April 21, 1999
Mr. LEWIS of Georgia (for himself, Mr. CONYERS, Mr. JACKSON of Illinois,
Mr. HINCHEY, Ms. WATERS, Ms. PELOSI, Ms. LEE, Mrs. MALONEY of New York,
Mr. GUTIERREZ, Mr. BISHOP, Ms. KILPATRICK, Mr. LAFALCE, Mr. FROST, Mr.
FILNER, Ms. ESHOO, Ms. NORTON, Mrs. CHRISTENSEN, Mr. BROWN of California,
Mr. FALEOMAVAEGA, and Mr. THOMPSON of Mississippi) introduced the following
bill; which was referred to the Committee on Commerce, and in addition
to the Committees on Transportation and Infrastructure, Agriculture, and
Resources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To promote environmental justice, public health, and pollution reduction
efforts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Environmental Justice Act of 1999'.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to identify those areas which are subject to the highest levels
of toxic chemicals, through all media;
(2) to require the collection of data on environmental health effects
so that impacts on different individuals or groups can be understood;
(3) to assess the health effects that may be caused by emissions in
those areas of highest impact;
(4) to ensure that groups or individuals residing within those areas
of highest impact have the opportunity to participate in developing solutions
to environmental and health problems confronting their community;
(5) to promote technologies and practices that reduce or eliminate
pollution; and
(6) to promote the development and maintenance of parks and green open
spaces in polluted communities.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator
of the United States Environmental Protection Agency.
(2) ENVIRONMENTAL HIGH IMPACT AREA- The terms `Environmental High Impact
Area' and `EHIA' mean the 20 counties or other geographic units that are
designated pursuant to section 101.
(3) SECRETARY- The term `Secretary' means the Secretary of the Department
of Health and Human Services.
(4) TOXIC CHEMICALS- The term `toxic chemicals' includes all substances
as defined in section 101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; any hazardous waste listed or
identified pursuant to the Solid Waste Disposal Act; any pollutant for
which air quality standards have been issued pursuant to the Clean Air
Act; any pollutant for which water quality standards have been issued pursuant
to the Clean Water Act; any pollutant for which a national primary drinking
water regulation has been issued pursuant to the Safe Drinking Water Act;
all materials registered pursuant to the Federal Insecticide, Fungicide,
and Rodenticide Act; and all substances and chemicals subject to reporting
obligations pursuant to the Emergency Planning and Community Right-to-Know
Act. The Adminis-
trator may add other substances as deemed appropriate.
(5) TOXIC CHEMICAL FACILITIES- The term `toxic chemical facilities'
includes all facilities including Federal facilities subject to a permit,
inspection or review, or registration requirement pursuant to the authority
of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act;
the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard
Communication Standard; as well as any facility subject to reporting obligations
pursuant to the Emergency Planning and Community Right-to-Know Act. The
Administrator shall have the authority to examine the level of toxic chemicals
released into the environment by facilities not currently subject to Federal
review, inspection, or reporting requirements if (A) a facility is believed
to produce a high level of environmental pollution, and (B) the Administrator
is petitioned by individuals or groups within such EHIA to conduct the
review.
TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS
SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.
(a) PUBLICATION OF METHOD- Within 12 months after the enactment of
this Act, the Administrator shall publish for public comment the method
for selecting the EHIAs.
(b) DETERMINATION OF IMPACTED AREAS- Within 18 months after the date
of enactment of this Act, the Administrator shall publish a list of 20
Environmental High Impact Areas that are either counties or other appropriate
geographic units in which high levels of chemicals are present and in which
the population is exposed to such chemicals. The Administrator shall also
take into consideration any geographical areas suggested for review by
the Agency for Toxic Substances and Disease Registry, the National Center
for Environmental Health, the National Center for Health Statistics, other
appropriate Federal agencies, and State and local health authorities.
(c) REVISION AND REPUBLICATION- The Administrator shall revise and
republish the list described in subsection (a) of this section not less
than every 5 years, using data compiled for that 5-year period.
(d) COMPILATION OF LIST- In selecting a methodology and compiling or
revising the list of EHIAs, the Administrator shall--
(1) use the most recent data available;
(2) take into account the relative toxicity of the toxic chemicals;
(3) determine, with the best available data, the actual and potential
exposures, and toxicity of the toxic chemicals present in each impacted
area;
(4) consider and utilize all appropriate data compiled pursuant to
any environmental regulatory authority and other sources, including but
not limited to available data on lead-based paint and the existence of
pollutants from mobile sources;
(5) distinguish between toxic chemicals which are (A) in a contained,
controlled environment such as barrels, factories, warehouses, or lined
landfills; and (B) released into the air, water, soil or groundwater of
the area; and
(6) take into account the impact of pollution in high population density
areas.
TITLE II--ENFORCEMENT INITIATIVES
SEC. 201. MANDATORY INSPECTION.
To assure that facilities with the highest potential for release of
toxic chemicals into the environment are operating in compliance with all
applicable environmental, health and safety standards, the Administrator,
and the Assistant Secretary of the Occupational Safety and Health Administration
shall conduct compliance inspections or reviews of all toxic chemical facilities
in Environmental High Impact Areas subject to their respective jurisdictions
within 1 year after the publication of each list of EHIAs under title I.
TITLE III--COMMUNITY PARTICIPATION
SEC. 301. TECHNICAL ASSISTANCE GRANTS.
The Administrator shall make a technical assistance grant available
to any individual or group of individuals in an EHIA. Such grants shall
be used to seek guidance from independent experts for the purpose of improving
understanding of environmental and health concerns related to designation
as an EHIA. Not more than one grant may be made with respect to each EHIA,
but the grant may be renewed to facilitate public participation where necessary.
TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS
SEC. 401. SECRETARIAL STUDY.
Within 2 years after the publication of each list of EHIAs under title
I, the Secretary shall issue for public comment a report identifying the
methodology used and nature and extent, if any, of acute and chronic impacts
on human health in EHIAs as compared to non-EHIAs, including impacts on
subgroups within EHIAs. Such impacts shall include but not be limited to
cancer, birth deformities, infant mortality rates, and respiratory diseases.
The report shall be coordinated by the Administrator of the Agency for
Toxic Substances and Disease Registry and shall involve the community being
assessed. The ATSDR shall work closely with the Directors of the National
Institute for Environmental Health Sciences, the National Center for Health
Statistics, and other appropriate Federal agencies to coordinate the report,
relying on the expertise of leading health and environmental scientists.
The health assessment shall seek to--
(1) isolate the impacts of environmental pollution;
(2) segregate the effects of other factors such as health care availability
or substance abuse or diet;
(3) evaluate the levels below which release of toxic chemicals, either
individually or cumulatively, must be reduced to avoid adverse impacts
on human health; and
(4) determine the impacts of uncontrolled releases.
In conducting health assessments, the Administrator of the Agency for
Toxic Substances and Disease Registry and other Federal agencies shall
consider: the differential sensitivities to exposures for vulnerable groups;
the effects of low levels of a toxin over a period of time; cumulative
and synergistic effects of multiple toxins; and methodological issues for
studying exposures and diseases among small numbers of people, including
units of measurement and analyses sensitive to disease clusters; and demographic
information relevant for a determination of environmental justice concerns.
As a result of the report in communities where the Administrator of the
Agency for Toxic Substances Disease Registry has determined that adverse
health impacts exist, the agency shall also make this information readily
available to members of the community by providing information directly
to the affected communities and tribal governments in the Environmental
High Impact Areas.
SEC. 402. MORATORIUM.
If the report under section 401 finds significant adverse impacts of
environmental pollution on human health in EHIAs, there shall be a moratorium
on the siting or permitting of any new toxic chemical facility in any EHIA
shown to emit toxic chemicals in quantities found to cause significant
adverse impacts on human health. A new toxic chemical facility may be cited
or permitted in such an EHIA during this period only if the Secretary and
Administrator agree that--
(1) there will be no significant adverse impacts to human health;
(2) the owner or operator of the facility demonstrates that the facility
has developed a plan to maintain a comprehensive pollution prevention program;
and
(3) the facility demonstrates that it will minimize uncontrolled releases
into the environment.
The moratorium shall continue in effect in such an EHIA until the Administrator
determines, upon petition of any interested party, that the health-based
levels identified pursuant to section 401(5) have been attained at the
EHIA.
TITLE V--HEALTH REMEDIES
SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS.
Within 1 year after the Secretary's biennial health assessment is released,
in EHIAs shown to have adverse health outcomes related to environmental
exposures, the Secretary shall establish a grant program to make available
to public and nonprofit private entities awards for the purposes of providing
community-wide medical screening and diagnostic services for environmentally
related illnesses. Treatment services shall be provided for community residents
with environmentally related illnesses if they lack private or public health
insurance, and shall continue as long as medically necessary. Following
community screening, the Secretary shall initiate a review of medical services
within EHIAs to determine if the area or population would qualify as `medically
underserved' or a `health professional shortage area'.
TITLE VI--POLLUTION REDUCTION
SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS.
In EHIAs where the Secretary has determined that adverse health outcomes
are related to environmental exposures, the Administrator shall immediately
take efforts to reduce pollution in the area. The Administrator shall first
make available to States with EHIAs pollution reduction/prevention grants
which will involve community representatives, public health experts, local
business, and government officials located within the EHIA in developing
effective pollution reduction strategies. If within 1 year, the Administrator
determines that significant steps have not been made to reduce pollution
and risk to human health, the Administrator may take regulatory steps to
reduce pollution in the area.
TITLE VII--PROMOTION OF GREEN SPACE
SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS.
Within 1 year after the Secretary's biennial health assessment is released,
the Secretary of the Interior shall establish a grant program to make available
to local public or nonprofit private entities within EHIAs awards for the
development of parks and recreational spaces, and provide guidance for
promoting environmentally sound use of the land.
TITLE VIII--FUNDING
SEC. 801. FUNDING.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
END