II 

116TH CONGRESS 

2D SESSION S. 4617 

To provide supplemental appropriations for the cleanup of legacy pollution, 

including National Priority List sites, certain abandoned coal mining 

sites, and formerly used defense sites, to replace lead drinking water 

service lines, to provide grants under certain programs, and to amend 

the Clean Air Act to prohibit the issuance of new major source air 

pollution permits in overburdened communities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2020 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide supplemental appropriations for the cleanup of 

legacy pollution, including National Priority List sites, 

certain abandoned coal mining sites, and formerly used 

defense sites, to replace lead drinking water service lines, 

to provide grants under certain programs, and to amend 

the Clean Air Act to prohibit the issuance of new major 

source air pollution permits in overburdened communities, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Environmental Justice 

3 Legacy Pollution Cleanup Act of 2020’’. 

4 SEC. 2. SUPPLEMENTAL APPROPRIATIONS FOR ENVIRON5 MENTAL CLEANUP AND REMEDIATION OF 

6 THREATS TO PUBLIC HEALTH. 

7 (a) IN GENERAL.—The following amounts are appro8 priated, out of amounts in the Treasury not otherwise ap9 propriated, for fiscal year 2020, to remain available until 

10 expended: 

11 (1) For the Department of the Interior, 

12 $10,000,000,000 to provide grants to States and In13 dian Tribes for abandoned mine land and water rec14 lamation projects under the Surface Mining Control 

15 and Reclamation Act of 1977 (30 U.S.C. 1201 et 

16 seq.), which shall be distributed to States and Indian 

17 Tribes that have a State or Tribal program ap18 proved under section 405 of that Act (30 U.S.C. 

19 1235) or are referred to in section 402(g)(8)(B) of 

20 that Act (30 U.S.C. 1232(g)(8)(B)), and have not 

21 made a certification under section 411(a) of that Act 

22 (30 U.S.C. 1240a(a)) in which the Secretary of the 

23 Interior has concurred: Provided, That such amount 

24 shall be allocated based on the proportion of the 

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1 dian Tribe before August 3, 1977: Provided further, 

2 That the total amount of grants provided under this 

3 paragraph to each eligible State and Indian Tribe 

4 shall be not less than $20,000,000, to the extent 

5 that the amount needed for reclamation projects de6 scribed in this paragraph in the State or on the land 

7 of the Indian Tribe is not less than $20,000,000. 

8 (2) For the Environmental Protection Agency— 

9 (A) $10,000,000,000 for remedial actions 

10 at sites on the National Priorities List devel11 oped by the President in accordance with sec12 tion 105(a)(8)(B) of the Comprehensive Envi13 ronmental Response, Compensation, and Liabil14 ity Act of 1980 (42 U.S.C. 9605(a)(8)(B)); 

15 (B) $20,000,000,000 for capitalization 

16 grants to State drinking water treatment re17 volving loan funds established under section 

18 1452 of the Safe Drinking Water Act (42 

19 U.S.C. 300j–12) for States to provide forgivable 

20 loans to replace lead service lines and take 

21 other actions necessary to address threats to 

22 public health as a result of heightened exposure 

23 to lead in drinking water without requiring a 

24 contribution to the cost of the replacement of 


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1 those lead services lines by any individual home2 owner; 

3 (C) $1,000,000,000 for the Diesel Emis4 sions Reduction Program under sections 792 

5 and 793 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16132, 16133); 

7 (D) $1,000,000,000 to carry out 

8 Brownfields projects authorized by section 

9 104(k) of the Comprehensive Environmental 

10 Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9604(k)); and 

12 (E) $1,000,000,000 for grants to States 

13 and Indian Tribes under section 128(a) of the 

14 Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C. 

16 9628(a)). 

17 (3) For the Department of Housing and Urban 

18 Development— 

19 (A) $30,000,000,000 for grants to States 

20 and units of local government under section 

21 1011 of the Residential Lead-Based Paint Haz22 ard Reduction Act (42 U.S.C. 4852) to evaluate 

23 and reduce lead-based paint hazards and other 

24 housing-related health and safety hazards in 

25 low-income housing; and 


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1 (B) $1,000,000,000 for grants under the 

2 Healthy Homes Production Grant Program for 

3 Tribal Housing, as authorized under sections 

4 501 and 502 of the Housing and Urban Devel5 opment Act of 1970 (12 U.S.C. 1701z–1, 

6 1701z–2), to identify and address housing-re7 lated health and safety hazards in Tribal com8 munities. 

9 (4) For the Corps of Engineers— 

10 (A) $10,000,000,000 for environmental 

11 restoration of formerly used defense sites under 

12 section 2701 of title 10, United States Code; 

13 and 

14 (B) $3,000,000,000 for the Formerly Uti15 lized Sites Remedial Action Program of the 

16 Corps of Engineers. 

17 (5) For the Department of Agriculture, 

18 $10,000,000,000 to provide grants to private non19 profit organizations under section 306E of the Con20 solidated Farm and Rural Development Act (7 

21 U.S.C. 1926e) for the purpose of providing sub22 grants to eligible individuals (as defined in sub23 section (a) of that section) in accordance with that 

24 section: Provided, That a private nonprofit organiza25 tion that receives such a grant shall give priority to 


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1 the provision of subgrants to eligible individuals (as 

2 so defined) who do not have access to a functioning 

3 sanitary sewage disposal system. 

4 (6) For the Indian Health Service, 

5 $3,000,000,000 for the sanitation facilities program 

6 established under section 7 of the Act of August 5, 

7 1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a), 

8 to provide safe drinking water and adequate sewer 

9 systems in the homes of Indians and Alaska Natives. 

10 (b) WAIVER OF MATCHING FUNDS REQUIRE11 MENTS.—Notwithstanding any other provision of law, in12 cluding section 104(k)(10)(B)(iii) of the Comprehensive 

13 Environmental Response, Compensation, and Liability Act 

14 of 1980 (42 U.S.C. 9604(k)(10)(B)(iii)) and section 

15 793(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 

16 16133(c)(3)), no matching funds requirement or matching 

17 funds incentive shall apply to amounts made available 

18 under subsection (a). 

19 (c) EMERGENCY DESIGNATION.— 

20 (1) IN GENERAL.—The amounts provided by 

21 this section are designated as an emergency require22 ment pursuant to section 4(g) of the Statutory Pay23 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

24 (2) DESIGNATION IN SENATE.—In the Senate, 

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1 ment pursuant to section 4112(a) of H. Con. Res. 

2 71 (115th Congress), the concurrent resolution on 

3 the budget for fiscal year 2018. 

4 SEC. 3. AVOIDING CUMULATIVE IMPACTS ON OVERBUR5 DENED COMMUNITIES. 

6 (a) DEFINITIONS.—Section 501 of the Clean Air Act 

7 (42 U.S.C. 7661) is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘As used in this title—’’ and inserting ‘‘In 

10 this title:’’; 

11 (2) by redesignating paragraphs (3) and (4) as 

12 paragraphs (4) and (5), respectively; and 

13 (3) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) OVERBURDENED CENSUS TRACT.—The 

16 term ‘overburdened census tract’ means a census 

17 tract that— 

18 ‘‘(A) has been identified within the Na19 tional Air Toxics Assessment published by the 

20 Administrator as having a greater than 100 in 

21 1,000,000 total cancer risk; or 

22 ‘‘(B) has been determined to have an an23 nual mean concentration of PM2.5 of greater 

24 than 8 micrograms per cubic meter, as deterVerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617

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1 mined over the most recent 3-year period for 

2 which data are available.’’. 

3 (b) PERMIT PROGRAMS.—Section 502 of the Clean 

4 Air Act (42 U.S.C. 7661a) is amended— 

5 (1) in subsection (a), in the first sentence, by 

6 striking ‘‘parts (C) or (D)’’ and inserting ‘‘part (C) 

7 or (D)’’; and 

8 (2) in subsection (b)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

11 (i) in the first sentence, by striking 

12 ‘‘The Administrator’’ and inserting ‘‘Ex13 cept for the requirements described in 

14 paragraphs (11) and (12), the Adminis15 trator’’; and 

16 (ii) in the second sentence, by striking 

17 ‘‘These’’ and inserting ‘‘For the require18 ments described in paragraphs (11) and 

19 (12), the Administrator shall promulgate 

20 the regulations required by those para21 graphs as soon as practicable after the 

22 date of enactment of the Environmental 

23 Justice Legacy Pollution Cleanup Act of 

24 2020. Those’’; 


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1 (B) in paragraph (3)(B)(i), by striking 

2 ‘‘subparagraphs (ii) through (v) of this sub3 paragraph’’ and inserting ‘‘clauses (ii) through 

4 (v)’’; 

5 (C) in paragraph (10), in the matter be6 fore the proviso, by striking ‘‘total emissions:’’ 

7 and inserting ‘‘total emissions):’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(11) After the date of enactment of the Envi10 ronmental Justice Legacy Pollution Cleanup Act of 

11 2020, no permit shall be granted by a permitting au12 thority for a proposed major source that would be 

13 located in an overburdened census tract. 

14 ‘‘(12) After January 1, 2025, no permit for a 

15 major source in an overburdened census tract shall 

16 be renewed.’’. 

17 (c) LIST OF OVERBURDENED CENSUS TRACTS.— 

18 (1) IN GENERAL.—Title V of the Clean Air Act 

19 (42 U.S.C. 7661 et seq.) is amended by adding at 

20 the end the following: 

21 ‘‘SEC. 508. LIST OF OVERBURDENED CENSUS TRACTS. 

22 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

23 date of enactment of this Act, the Administrator shall 

24 publish in the Federal Register a list of overburdened cen25 sus tracts. 


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1 ‘‘(b) UPDATE.—On an annual basis, the Adminis2 trator shall update the list under subsection (a) based on 

3 the most recently available modeling and monitoring 

4 data.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents for title V of the Clean Air Act (69 Stat. 322, 

7 chapter 360; 104 Stat. 2635) is amended by adding 

8 after the item relating to section 507 the following: 

‘‘Sec. 508. List of overburdened census tracts.’’. 

Æ 


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