I 

117TH CONGRESS 

1ST SESSION H. R. 314 

To authorize the Administrator of the Environmental Protection Agency to 

enter into cooperative agreements with States to carry out grant programs to assist in remediation and relocation efforts relating to hazardous air pollution, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2021 

Mr. RICHMOND introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy 

and Commerce, and Transportation and Infrastructure, 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 authorize the Administrator of the Environmental Protection Agency to enter into cooperative agreements with 

States to carry out grant programs to assist in remediation and relocation efforts relating to hazardous air 

pollution, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Communities and En5 vironment First Act of 2021’’. 


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1 SEC. 2. FOR COMMUNITIES TRUST FUND. 

2 (a) ESTABLISHMENT OF FUND.— 

3 (1) IN GENERAL.—Subchapter A of chapter 98 

4 of the Internal Revenue Code of 1986 is amended by 

5 adding at the end the following new section: 

6 ‘‘SEC. 9512. FOR COMMUNITIES TRUST FUND. 

7 ‘‘(a) CREATION OF TRUST FUND.—There is estab8 lished in the Treasury of the United States a trust fund, 

9 to be known as the For Communities Trust Fund, con10 sisting of such amounts as may be made available to such 

11 Trust Fund as provided in this section or section 9602(b). 

12 ‘‘(b) TRANSFERS TO TRUST FUND.—For each of fis13 cal years 2022 through 2032, there are authorized to be 

14 transferred to the For Communities Trust Fund amounts 

15 equivalent to the taxes received in the Treasury under sec16 tions 4661 and 4671. 

17 ‘‘(c) EXPENDITURES.—Amounts in the For Commu18 nities Trust Fund shall be made available without further 

19 appropriation to carry out section 6 of the Communities 

20 and Environment First Act of 2021.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for subchapter A of chapter 98 of such Code is amended 

23 by adding at the end the following new item: 

‘‘Sec. 9512. For Communities Trust Fund.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2021. 

4 SEC. 3. SECTION 4661 TAXES TRANSFERRED TO FOR COM5 MUNITIES TRUST FUND ONLY. 

6 (a) IN GENERAL.—Section 9507(b)(1) of the Internal 

7 Revenue Code of 1986 is amended by striking ‘‘, 4661, 

8 or 4671’’. 

9 (b) CONFORMING AMENDMENT.—Section 4661 of 

10 such Code is amended by striking subsection (c). 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to taxes imposed after December 

13 31, 2021. 

14 SEC. 4. MODIFICATION OF CHEMICAL EXCISE TAXES. 

15 (a) ADJUSTMENT FOR INFLATION OF EXCISE TAX

16 ON CERTAIN CHEMICALS.—Section 4661(b) of the Inter17 nal Revenue Code of 1986 is amended to read as follows: 

18 ‘‘(b) AMOUNT OF TAX.— 

19 ‘‘(1) IN GENERAL.—The amount of the tax im20 posed by subsection (a) shall be determined in ac21 cordance with the following table: 

‘‘In the case of: The tax is the following 

amount per ton: 

Acetylene $11.35

Benzene 11.35

Butane 11.35

Butylene 11.35

Butadiene 11.35

Ethylene 11.35

Methane 8.02


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‘‘In the case of: The tax is the following 

amount per ton: 

Naphthalene 11.35

Propylene 11.35

Toluene 11.35

Xylene 11.35

Ammonia 6.15

Antimony 10.37

Antimony trioxide 8.74

Arsenic 10.37

Arsenic trioxide 7.95

Barium sulfide 5.36

Bromine 10.37

Cadmium 10.37

Chlorine 6.29

Chromium 10.37

Chromite 3.54

Potassium dichromate 3.94

Sodium dichromate 4.36

Cobalt 10.37

Cupric sulfate 4.36

Cupric oxide 8.37

Cuprous oxide 9.25

Hydrochloric acid 0.68

Hydrogen fluoride 9.86

Lead oxide 9.65

Mercury 10.37

Nickel 10.37

Phosphorus 10.37

Stannous chloride 6.64

Stannic chloride 4.94

Zinc chloride 5.17

Zinc sulfate 4.43

Potassium hydroxide 0.51

Sodium hydroxide 0.65

Sulfuric acid 0.61

Nitric acid 0.56. 

1 ‘‘(2) ADJUSTMENT FOR INFLATION.— 

2 ‘‘(A) IN GENERAL.—In the case of a cal3 endar year beginning after 2022, each of the 

4 amounts in the table in paragraph (1) shall be 

5 increased by an amount equal to— 

6 ‘‘(i) such amount, multiplied by 


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1 ‘‘(ii) the cost-of-living adjustment de2 termined under section 1(f)(3) for the cal3 endar year, determined by substituting 

4 ‘calendar year 2021’ for ‘calendar year 

5 2016’ in subparagraph (A)(ii) thereof. 

6 ‘‘(B) ROUNDING.—If any amount as ad7 justed under subparagraph (A) is not a multiple 

8 of $0.01, such amount shall be rounded to the 

9 next lowest multiple of $0.01.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxes imposed after December 

12 31, 2021. 

13 SEC. 5. SECTION 4671 TAX REVIVED WITH RESPECT TO CER14 TAIN CHEMICALS. 

15 (a) IN GENERAL.—Section 4671 of the Internal Rev16 enue Code of 1986 is amended— 

17 (1) in subsection (a), by striking ‘‘substance 

18 sold or used by the importer thereof.’’ and inserting 

19 ‘‘substance— 

20 ‘‘(1) sold or used by the importer thereof, and 

21 ‘‘(2) described in the table in section 4661(b).’’, 

22 (2) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) EXEMPTIONS FOR SUBSTANCES TAXED UNDER

25 SECTION 4661.—No tax shall be imposed by this section 


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1 on the sale or use of any substance if tax is imposed on 

2 such sale or use under section 4661.’’, and 

3 (3) by striking subsection (e). 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to taxes imposed after December 

6 31, 2021. 

7 SEC. 6. STATE GRANT PROGRAMS. 

8 (a) ALLOCATION OF FUNDS.—The Administrator of 

9 the Environmental Protection Agency shall, from amounts 

10 made available to carry out this section for a fiscal year, 

11 award grants on a competitive basis to States that have 

12 entered into a cooperative agreement with the Adminis13 trator to carry out a grant program described in sub14 section (b). 

15 (b) GRANT PROGRAM.—A State may use amounts 

16 awarded to such State pursuant to subsection (a) only to 

17 carry out a grant program to make grants to entities— 

18 (1) to assist in relocation efforts for individuals 

19 or groups of individuals who live within 5 miles of 

20 a designated facility; or 

21 (2) to protect or remediate areas affected by 

22 emissions of hazardous air pollutants, or releases of 

23 hazardous substances, pollutants, or contaminants, 

24 from a designated facility. 


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1 (c) ELIGIBILITY.—In order to receive a grant under 

2 a grant program described in subsection (b), an entity— 

3 (1) shall propose to use the grant to carry out 

4 a project— 

5 (A) to assist in relocation efforts for indi6 viduals or groups of individuals who live within 

7 5 miles of a designated facility; or 

8 (B) to protect or remediate an area af9 fected by emissions of hazardous air pollutants, 

10 or releases of hazardous substances, pollutants, 

11 or contaminants, from a designated facility; and 

12 (2) shall be a nonprofit organization, or institu13 tion of higher education, with an environmentally-fo14 cused mission. 

15 (d) INCLUSION OF ACQUISITION OF PROPERTY.—As16 sistance for relocation efforts that is provided using a 

17 grant received under a grant program described in sub18 section (b) may include acquisition of property— 

19 (1) for an individual or group of individuals de20 scribed in subsection (b)(1); or 

21 (2) owned by an individual or group of individ22 uals described in subsection (b)(1). 

23 (e) PRIORITY.—In making grants under a grant pro24 gram described in subsection (b), a State shall give priVerDate Sep 11 2014 22:00 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H314.IH H314

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1 ority to individuals and groups of individuals that reside 

2 closest to a designated facility. 

3 (f) REVIEW BY PUBLIC HEALTH OFFICIALS.—A 

4 State carrying out a grant program described in sub5 section (b) shall ensure that public health officials of such 

6 State review any health-related data submitted in support 

7 of an application for a grant under such grant program. 

8 (g) DEFINITIONS.—In this section— 

9 (1) DESIGNATED FACILITY.—The term ‘‘des10 ignated facility’’ means a facility or site— 

11 (A) that is not owned by the Federal Gov12 ernment; and 

13 (B) that is— 

14 (i) a major source or an area source, 

15 as defined in section 112 of the Clean Air 

16 Act (42 U.S.C. 7412), to which emissions 

17 standards promulgated under such section 

18 112 apply; or 

19 (ii) listed on the National Priorities 

20 List under section 105 of the Comprehen21 sive Environmental Response, Compensa22 tion, and Liability Act of 1980 (42 U.S.C. 

23 9605). 

24 (2) HAZARDOUS AIR POLLUTANT.—The term 

25 ‘‘hazardous air pollutant’’ has the meaning given 


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1 such term in section 112(a)(6) of the Clean Air Act 

2 (42 U.S.C. 7412(a)(6)). 

3 (3) HAZARDOUS SUBSTANCE.—The term ‘‘haz4 ardous substance’’ has the meaning given such term 

5 in section 101 of the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 

7 (42 U.S.C. 9601). 

8 (4) STATE.—The term ‘‘State’’ means each 

9 State of the United States, the District of Columbia, 

10 and each territory of the United States. 

11 (h) REGULATIONS AND GUIDANCE.—The Adminis12 trator may issue such regulations and guidance as are nec13 essary to implement a grant program under this section. 

Æ 


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