II 

Calendar No. 1056 

110TH CONGRESS 

2D SESSION S. 642 

[Report No. 110–485] 

To codify Executive Order 12898, relating to environmental justice, to require 

the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and 

the Comptroller General of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. DURBIN (for himself, Mr. KERRY, Mr. MENENDEZ, Mrs. CLINTON, and 

Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported by Mrs. BOXER, without amendment 

A BILL 

To codify Executive Order 12898, relating to environmental 

justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency 

and the Comptroller General of the United States, 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 Act of 2008’’. 

4 SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898. 

5 (a) IN GENERAL.—The President of the United 

6 States is authorized and directed to execute, administer 

7 and enforce as a matter of Federal law the provisions of 

8 Executive Order 12898, dated February 11, 1994, (‘‘Fed9 eral Actions To Address Environmental Justice In Minor10 ity Populations and Low-Income Populations’’) with such 

11 modifications as are provided in this section. 

12 (b) DEFINITION OF ENVIRONMENTAL JUSTICE.—For 

13 purposes of carrying out the provisions of Executive Order 

14 12898, the following definitions shall apply: 

15 (1) The term ‘‘environmental justice’’ means 

16 the fair treatment and meaningful involvement of all 

17 people regardless of race, color, national origin, edu18 cational level, or income with respect to the develop19 ment, implementation, and enforcement of environ20 mental laws and regulations in order to ensure 

21 that— 

22 (A) minority and low-income communities 

23 have access to public information relating to 

24 human health and environmental planning, reg25 ulations and enforcement; and 


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1 (B) no minority or low-income population 

2 is forced to shoulder a disproportionate burden 

3 of the negative human health and environ4 mental impacts of pollution or other environ5 mental hazard. 

6 (2) The term ‘‘fair treatment’’ means policies 

7 and practices that ensure that no group of people, 

8 including racial, ethnic, or socioeconomic groups 

9 bear disproportionately high and adverse human 

10 health or environmental effects resulting from Fed11 eral agency programs, policies, and activities. 

12 (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

13 The provisions of section 6–609 of Executive Order 12898 

14 shall not apply for purposes of this Act. 

15 SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY EN16 VIRONMENTAL PROTECTION AGENCY. 

17 (a) INSPECTOR GENERAL RECOMMENDATIONS.—The 

18 Administrator of the Environmental Protection Agency 

19 shall, as promptly as practicable, carry out each of the 

20 following recommendations of the Inspector General of the 

21 agency as set forth in report # 2006–P–00034 entitled 

22 ‘‘EPA needs to conduct environmental justice reviews of 

23 its programs, policies and activities’’: 

24 (1) The recommendation that the agency’s pro25 gram and regional offices identify which programs, 


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1 policies, and activities need environmental justice re2 views and require these offices to establish a plan to 

3 complete the necessary reviews. 

4 (2) The recommendation that the Administrator 

5 of the agency ensure that these reviews determine 

6 whether the programs, policies, and activities may 

7 have a disproportionately high and adverse health or 

8 environmental impact on minority and low-income 

9 populations. 

10 (3) The recommendation that each program 

11 and regional office develop specific environmental 

12 justice review guidance for conducting environmental 

13 justice reviews. 

14 (4) The recommendation that the Administrator 

15 designate a responsible office to compile results of 

16 environmental justice reviews and recommend appro17 priate actions. 

18 (b) GAO RECOMMENDATIONS.—In developing rules 

19 under laws administered by the Environmental Protection 

20 Agency, the Administrator of the Agency shall, as prompt21 ly as practicable, carry out each of the following rec22 ommendations of the Comptroller General of the United 

23 States as set forth in GAO Report numbered GAO–05– 

24 289 entitled ‘‘EPA Should Devote More Attention to En25 vironmental Justice when Developing Clean Air Rules’’: 


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1 (1) The recommendation that the Administrator 

2 ensure that workgroups involved in developing a rule 

3 devote attention to environmental justice while draft4 ing and finalizing the rule. 

5 (2) The recommendation that the Administrator 

6 enhance the ability of such workgroups to identify 

7 potential environmental justice issues through such 

8 steps as providing workgroup members with guid9 ance and training to helping them identify potential 

10 environmental justice problems and involving envi11 ronmental justice coordinators in the workgroups 

12 when appropriate. 

13 (3) The recommendation that the Administrator 

14 improve assessments of potential environmental jus15 tice impacts in economic reviews by identifying the 

16 data and developing the modeling techniques needed 

17 to assess such impacts. 

18 (4) The recommendation that the Administrator 

19 direct appropriate agency officers and employees to 

20 respond fully when feasible to public comments on 

21 environmental justice, including improving the agen22 cy’s explanation of the basis for its conclusions, to23 gether with supporting data. 

24 (c) 2004 INSPECTOR GENERAL REPORT.—The Ad25 ministrator of the Environmental Protection Agency shall, 


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1 as promptly as practicable, carry out each of the following 

2 recommendations of the Inspector General of the agency 

3 as set forth in the report entitled ‘‘EPA Needs to Consist4 ently Implement the Intent of the Executive Order on En5 vironmental Justice’’ (Report No. 2004–P–00007): 

6 (1) The recommendation that the agency clearly 

7 define the mission of the Office of Environmental 

8 Justice (OEJ) and provide agency staff with an un9 derstanding of the roles and responsibilities of the 

10 office. 

11 (2) The recommendation that the agency estab12 lish (through issuing guidance or a policy statement 

13 from the Administrator) specific time frames for the 

14 development of definitions, goals, and measurements 

15 regarding environmental justice and provide the re16 gions and program offices a standard and consistent 

17 definition for a minority and low-income community, 

18 with instructions on how the agency will implement 

19 and operationalize environmental justice into the 

20 agency’s daily activities. 

21 (3) The recommendation that the agency ensure 

22 the comprehensive training program currently under 

23 development includes standard and consistent defini24 tions of the key environmental justice concepts (such 

25 as ‘‘low-income’’, ‘‘minority’’, and ‘‘disproportionVerDate Aug 31 2005 02:56 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S642.RS S642

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1 ately impacted’’) and instructions for implementa2 tion of those concepts. 

3 (d) REPORT.—The Administrator shall submit an ini4 tial report to Congress within 6 months after the enact5 ment of this Act regarding the Administrator’s strategy 

6 for implementing the recommendations referred to in sub7 sections (a), (b), and (c). Thereafter, the Administrator 

8 shall provide semi-annual reports to Congress regarding 

9 his progress in implementing such recommendations as 

10 well as his progress on modifying the Administrator’s 

11 emergency management procedures to incorporate envi12 ronmental justice in the agency’s Incident Command 

13 Structure (in accordance with the December 18, 2006, let14 ter from the Deputy Administrator to the Acting Inspector 

15 General of the agency). 


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Calendar No. 1056 

110TH CONGRESS 

2D SESSION S. 642 

[Report No. 110–485] 

A BILL 

To codify Executive Order 12898, relating to envieral of the United States, and for other purposes. General of the Agency and the Comptroller Gen- implement the recommendations of the Inspector of the Environmental Protection Agency to fully ronmental justice, to require the Administrator 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Reported without amendment 


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