II

103D CONGRESS

1ST SESSION S. 1161

To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the

public health.

IN THE SENATE OF THE UNITED STATES

JUNE 24 (legislative day, JUNE 22), 1993

Mr. BAUCUS (for himself, Ms. MOSELEY-BRAUN, and Mr. CAMPBELL) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and

to ensure equal protection of the public health.

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

3 SECTION 1. SHORT TITLE.

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

5 Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) Toxic chemicals are being released in sig9 nificant amounts into the environment. Over three
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1 billion five hundred million pounds of toxic releases

2 were reported by approximately nineteen thousand

3 six hundred industrial plants in 1990, under the

4 Emergency Planning and Community Right-to-Know

5 Act.

6 (2) Notwithstanding the benefits of the Emer7 gency Planning and Community Right-to-Know Act,

8 many toxic chemicals posing substantial health

9 threats as a result of releases, are not being re10 ported. The Emergency Planning and Community

11 Right-to-Know Act excludes hundreds of chemicals

12 listed as toxics under various environmental laws in13 cluding: sixteen hazardous air pollutants, and five

14 extremely hazardous substances listed in the 1990

15 Clean Air Act Amendments; one hundred and forty

16 chemicals regulated as hazardous waste under the

17 Resource Conservation and Recovery Act because of

18 acute or chronic toxicity; over two hundred chemi19 cals identified as known or probable human carcino20 gens by the EPA and the National Toxicology Pro21 gram; sixty-nine special review pesticides identified

22 under the Federal Insecticide, Fungicide and

23 Rodenticide Act and hundreds of restricted use pes24 ticides; and ninety reproductive toxins identified by

25 the California Department of Health.
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1 (3) Although environmental and health data of

2 toxic chemical releases are not routinely collected

3 and analyzed by income and race, racial and ethnic

4 minorities and lower income Americans may be dis5 proportionately exposed to toxic chemicals in their

6 residential and workplace environments.

7 SEC. 3. PURPOSES AND POLICIES.

8 The purposes of this Act are—

9 (1) to establish and maintain information which

10 provides an objective basis for assessment of health

11 effects by income and race;

12 (2) to identify those areas with the largest re13 leases of toxic chemicals to the air, land, water, and

14 workplace;

15 (3) to assess the health effects that may be

16 caused by emissions in those areas of highest envi17 ronmental impact;

18 (4) to ensure that groups or individuals residing

19 within High Environmental Impact Areas have the

20 opportunity and the resources to participate in the

21 technical process which will determine the possible

22 existence of adverse health impacts;

23 (5) to identify those activities in high environ24 mental impact areas found to have significant ad25 verse impacts on human health; and
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1 (6) to incorporate environmental equity consid2 erations into planning and implementation of all

3 Federal environmental programs and statutes.

4 SEC. 4. DEFINITIONS.

5 For the purposes of this Act:

6 (1) The term ‘‘Administrator’’ means the Ad7 ministrator of the United States Environmental Pro8 tection Agency.

9 (2) The term ‘‘environmental high impact area’’

10 means any of the one hundred counties or appro11 priate geographic units with the highest total weight

12 of toxic chemicals released during the most recent

13 five-year period for which data is available, as cal14 culated pursuant to section 4 of this Act.

15 (3) The term ‘‘toxic chemicals’’ means—

16 (A) all hazardous substances as defined in

17 section 101(14) of the Comprehensive Environ18 mental Response, Compensation and Liability

19 Act of 1980 (42 U.S.C. 9601(14);

20 (B) all materials registered pursuant to the

21 Federal Insecticide, Fungicide and Rodenticide

22 Act (7 U.S.C. 136 et seq.);

23 (C) all chemicals subject to section 313 of

24 the Emergency Planning and Community

25 Right-to-Know Act of 1986;
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1 (D) all contaminants identified in the Safe

2 Drinking Water Act (42 U.S.C. 300g–1);

3 (E) all chemicals listed by the National

4 Toxicology Program as known or probable

5 human carcinogens; and

6 (F) all materials subject to the require7 ments concerning material safety data sheets

8 for hazardous chemicals under the Occupational

9 and Safety and Health Act of 1970 (15 U.S.C.

10 615 et seq.).

11 (4) The term ‘‘release’’ shall have the same

12 meaning as used in section 101(22) of the Com13 prehensive Environmental Response, Compensation

14 and Liability Act of 1990 as amended by the

15 Superfund Amendments and Reauthorization Act of

16 1986, and shall also include any release which re17 sults in exposure to persons within a workplace.

18 (5) The term ‘‘toxic chemical facility’’ means

19 any facility—

20 (A) subject to reporting requirements

21 under the Emergency Planning and Community

22 Right-to-Know Act of 1986;

23 (B) that generates, treats, stores or dis24 poses of a hazardous waste as defined in section

25 3001 of the Solid Waste Disposal Act;
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1 (C) subject to section 112 or 129 of the

2 Clean Air Act;

3 (D) subject to sections 307 or 311 of the

4 Federal Water Pollution Control Act (33 U.S.C.

5 1251 et seq.);

6 (E) subject to the Federal Insecticide,

7 Fungicide and Rodenticide Act (7 U.S.C. 136

8 et seq.); or

9 (F) subject to the requirements concerning

10 material safety data sheets for hazardous

11 chemicals under the Occupational and Safety

12 and Health Act of 1970 (15 U.S.C. 615 et

13 seq.). For the purpose of this Act the term

14 ‘‘toxic chemical facility’’ shall include any Fed15 eral facility that releases a toxic chemical.

16 SEC. 5. IDENTIFICATION OF ENVIRONMENTAL HIGH IM17 PACT AREAS.

18 (a) DETERMINATION OF IMPACTED AREAS.—Within

19 six months after the date of enactment, the Administrator

20 in consultation with the Agency for Toxic Substances and

21 Disease Registry, the National Institute for Environ22 mental Health Sciences, the National Center for Health

23 Statistics and the Bureau of the Census, shall determine

24 the most appropriate designation of Environmental High
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1 Impact Areas, either counties or other appropriate geo2 graphic unit.

3 (b) PUBLICATION OF LIST.—Within twelve months

4 after the date of enactment of this Act, the Administrator

5 shall publish a list, in rank order, of the total weight of

6 toxic chemicals released in each county or other appro7 priate geographic unit in the United States during the

8 most recent five-year period for which data are available.

9 If less than five years of data are available the Adminis10 trator shall use available data until further information

11 is reported.

12 (c) COMPILATION OF LIST.—(1) In compiling the list

13 under subsection (a), the Administrator shall consider and

14 utilize all appropriate and available data compiled pursu15 ant to any environmental regulatory authority and other

16 sources, including available data on the presence of lead17 based paint and toxic chemicals from mobile vehicles.

18 (2) For each county or appropriate geographic unit

19 the Administrator shall calculate and compile in a data

20 base—

21 (A) the total weight of toxic chemicals released

22 into the ambient environment;

23 (B) the total weight of toxic chemicals released

24 into each environmental media (air, water, land,

25 workplace); and
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1 (C) the total weight of each toxic chemical re2 leased into the ambient environment, and into each

3 environmental media (air, water, land, workplace);

4 and whenever possible shall adjust the estimates of each

5 of the items in subparagraphs (A) through (C) to account

6 for the toxicity of the toxic chemicals.

7 (3) Within six months after the date of enactment

8 the Administrator shall review the methodology used to

9 compile and summarize information collected under sec10 tion 313 of the Emergency Planning and Community

11 Right-to-Know Act, and publish for public comment any

12 proposed changes to the methodology necessary to cal13 culate and compile the information required in paragraph

14 (1).

15 (4) The Administrator shall revise and republish the

16 list described in subsection (c) by the date that is five

17 years after the date of initial publication, and not less fre18 quently than every five years thereafter, using data com19 piled during the preceding five-year period.

20 (d) ENVIRONMENTAL HIGH IMPACT AREAS.—(1)

21 Within twelve months after the date of enactment, and

22 every five years thereafter, the Administrator shall publish

23 a list of the one hundred counties or other appropriate

24 geographic unit with the highest total toxic chemical re25 leases based on the list published in subsection (b). Such
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1 counties or other appropriate geographic unit shall be des2 ignated as ‘‘Environmental High Impact Areas’’.

3 (2)(A) To ensure that facilities with the highest po4 tential for release of toxic chemicals are operating in com5 pliance with all applicable environmental health and safety

6 standards, the Administrator, and the Secretary of Labor,

7 shall conduct compliance inspections of all toxic chemical

8 facilities subject to their jurisdiction in Environmental

9 High Impact Areas within two years after the date of en10 actment of this Act, and not less frequently than every

11 two years thereafter.

12 (B) Notwithstanding the requirements in subpara13 graph (A), the Administrator or the Secretary of Labor

14 may authorize any state or Indian tribe which has been

15 delegated authority to administer any Federal law regulat16 ing a toxic chemical which authorizes the inspection of

17 toxic chemical facilities for compliance with applicable

18 Federal environmental laws, to conduct such inspections

19 in lieu of the Administrator or the Secretary of Labor.

20 (3) Within twenty-four months after the date of en21 actment of this Act, the Secretary of Health and Human

22 Services, in consultation with the Administrator, the Sec23 retary of Labor, the Bureau of Indian Affairs, and the

24 Commissioners of the United States Commission on Civil

25 Rights, shall issue for public comment a report identifying
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1 the nature and extent, if any, of acute and chronic impacts

2 on human health in Environmental High Impact Areas

3 from exposure to toxic chemicals. Such impacts shall in4 clude incidence of cancer, birth deformities, infant mortal5 ity rates, and respiratory diseases. Such report shall in6 clude a comparison of the health impact from exposure

7 to toxic chemicals in Environmental High Impact Areas

8 with other counties in the United States. The report shall

9 be coordinated by the Administrator of the Agency for

10 Toxic Substances Disease Registry of the Department of

11 Health and Human Services, and in coordinating the re12 port, the Administrator of the Agency for Toxic Sub13 stances and Disease Registry shall seek to—

14 (A) isolate the impacts of environmental pollu15 tion;

16 (B) segregate the effects of other factors such

17 as health care availability or substance abuse;

18 (C) rank the relative risks posed by the toxic

19 chemicals present in Environmental High Impact

20 Areas and by the varied sources of toxic chemicals

21 both individually and cumulatively;

22 (D) take into account the need to remedy the

23 impacts of such toxic chemicals in high population

24 density areas;
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1 (E) evaluate the levels below which release of

2 toxic chemicals, either individually or cumulatively,

3 must be reduced to avoid adverse impacts on human

4 health; and

5 (F) determine the impacts of maintaining toxic

6 chemical releases at the current levels.

7 (4) If the report under paragraph (3) identifies sig8 nificant adverse impacts from exposure to toxic chemicals

9 on human health in Environmental High Impact Areas as

10 a group, the President shall submit to Congress within

11 one year after publication of the report, proposed adminis12 trative and legislative changes to remedy and prevent such

13 impacts, including—

14 (A) the addition of facilities or chemicals to be

15 subject to reporting requirements of the Emergency

16 Planning and Community Right-to-Know Act of

17 1986, or a reduction in threshold quantities of

18 chemicals that trigger reporting requirements under

19 such Act;

20 (B) the regulation of toxic chemicals not subject

21 to Federal law based on a statutory or administra22 tive exemption; and

23 (C) the imposition of additional regulatory

24 measures for toxic chemical facilities in an Environ25 mental High Impact Area, such as emissions fees,
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1 source reduction requirements, or restrictions on

2 toxic chemical releases.

3 SEC. 6. REDUCTION OF TOXIC CHEMICALS

4 If the report under section 4(d)(3) identifies signifi5 cant adverse impacts on human health from exposure to

6 toxic chemicals in an Environmental High Impact Area,

7 the Administrator shall promulgate regulations applicable

8 to any Federal permit for construction or modification of

9 a toxic chemical facility in that area. Such regulations

10 shall require a net reduction in the release of any toxic

11 chemical determined to cause such significant adverse im12 pacts on human health in that area.

13 SEC. 7. TECHNICAL ASSISTANCE GRANTS.

14 (a) IN GENERAL.—Subject to appropriations, and in

15 accordance with rules promulgated by the Secretary of

16 Health and Human Services in consultation with the Ad17 ministrator, the Secretary may award a grant to any indi18 vidual or group of individuals who may be affected by a

19 release or threatened release of a toxic chemical from any

20 toxic chemical facility in an environmental high impact

21 area.

22 (b) GRANT REQUIREMENTS.—(1) A grant awarded

23 under this section shall—

24 (A) be designed to facilitate access by rep25 resentatives of environmental high impact areas to
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1 the activities that involve public participation under

2 this Act and any other related law.

3 (B) be used to obtain technical assistance relat4 ing to the inspection and review authorities de5 scribed in section 4(d)(2) and the study described in

6 section 4(d)(3); and

7 (C) be in an amount not to exceed $50,000.

8 (2) Each grant recipient shall be required, as a condi9 tion of the grant, to pay a non-Federal share equal to 20

10 percent of the grant amount. The Administrator may

11 waive the 20 percent contribution requirement if the grant

12 recipient demonstrates financial need to the satisfaction

13 of the Administrator. Not more than one grant may be

14 made with respect to each environmental high impact area

15 for the period of a grant (as determined by the Adminis16 trator). At the end of the period, a grant may be renewed

17 if the Administrator determines that the renewal is nec18 essary to facilitate public participation.

19 (3) Grants under this subsection shall be considered

20 to be grants under section 117(e) of the Comprehensive

21 Environmental Response, Compensation, and Liability Act

22 of 1980 as amended by the Superfund Amendments and

23 Reauthorization Act of 1986, and shall be funded in the

24 same manner.

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