Environmental Justice Legacy Pollution Cleanup Act of 2020

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. Short title This Act may be cited as the Environmental Justice Legacy Pollution Cleanup Act of 2020 2. Supplemental appropriations for environmental cleanup and remediation of threats to public health (a) In general The following amounts are appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2020, to remain available until expended: (1) For the Department of the Interior, $10,000,000,000 to provide grants to States and Indian Tribes for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 30 U.S.C. 1235 30 U.S.C. 1232(g)(8)(B) 30 U.S.C. 1240a(a) Provided Provided further (2) For the Environmental Protection Agency— (A) $10,000,000,000 for remedial actions at sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) (B) $20,000,000,000 for capitalization grants to State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (C) $1,000,000,000 for the Diesel Emissions Reduction Program under sections 792 and 793 of the Energy Policy Act of 2005 ( 42 U.S.C. 16132 (D) $1,000,000,000 to carry out Brownfields projects authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (E) $1,000,000,000 for grants to States and Indian Tribes under section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a) (3) For the Department of Housing and Urban Development— (A) $30,000,000,000 for grants to States and units of local government under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act ( 42 U.S.C. 4852 (B) $1,000,000,000 for grants under the Healthy Homes Production Grant Program for Tribal Housing, as authorized under sections 501 and 502 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 (4) For the Corps of Engineers— (A) $10,000,000,000 for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code; and (B) $3,000,000,000 for the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers. (5) For the Department of Agriculture, $10,000,000,000 to provide grants to private nonprofit organizations under section 306E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e Provided (6) For the Indian Health Service, $3,000,000,000 for the sanitation facilities program established under section 7 of the Act of August 5, 1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a (b) Waiver of matching funds requirements Notwithstanding any other provision of law, including section 104(k)(10)(B)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(10)(B)(iii) 42 U.S.C. 16133(c)(3) (c) Emergency designation (1) In general The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (2) Designation in senate In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 3. Avoiding cumulative impacts on overburdened communities (a) Definitions Section 501 of the Clean Air Act ( 42 U.S.C. 7661 (1) in the matter preceding paragraph (1), by striking As used in this title— In this title: (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: (3) Overburdened census tract The term overburdened census tract (A) has been identified within the National Air Toxics Assessment published by the Administrator as having a greater than 100 in 1,000,000 total cancer risk; or (B) has been determined to have an annual mean concentration of PM 2.5 . (b) Permit programs Section 502 of the Clean Air Act ( 42 U.S.C. 7661a (1) in subsection (a), in the first sentence, by striking parts (C) or (D) part (C) or (D) (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) in the first sentence, by striking The Administrator Except for the requirements described in paragraphs (11) and (12), the Administrator (ii) in the second sentence, by striking These For the requirements described in paragraphs (11) and (12), the Administrator shall promulgate the regulations required by those paragraphs as soon as practicable after the date of enactment of the Environmental Justice Legacy Pollution Cleanup Act of 2020 (B) in paragraph (3)(B)(i), by striking subparagraphs (ii) through (v) of this subparagraph clauses (ii) through (v) (C) in paragraph (10), in the matter before the proviso, by striking total emissions: total emissions): (D) by adding at the end the following: (11) After the date of enactment of the Environmental Justice Legacy Pollution Cleanup Act of 2020 (12) After January 1, 2025, no permit for a major source in an overburdened census tract shall be renewed. . (c) List of overburdened census tracts (1) In general Title V of the Clean Air Act ( 42 U.S.C. 7661 508. List of overburdened census tracts (a) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register a list of overburdened census tracts. (b) Update On an annual basis, the Administrator shall update the list under subsection (a) based on the most recently available modeling and monitoring data. . (2) Clerical amendment The table of contents for title V of the Clean Air Act (69 Stat. 322, chapter 360; 104 Stat. 2635) is amended by adding after the item relating to section 507 the following: Sec. 508. List of overburdened census tracts. .

Summary: Environmental Justice Legacy Pollution Cleanup Act of 2020 This bill provides for funding and permitting restrictions in relation to environmental cleanup and remediation of areas with public health threats. Specifically, the bill provides supplemental appropriations for FY2020 to the Department of the Interior, the Environmental Protection Agency (EPA), the Department of Housing and Urban Development (HUD), the Army Corps of Engineers, the Department of Agriculture, and the Indian Health Service for various environmental cleanup and remediation projects, including those that affect low-income and tribal communities. For example, the bill appropriates $30 billion to HUD to provide grants to local governments to evaluate and reduce lead-based paint hazards and other housing-related health and safety hazards in low-income housing. The bill immediately prohibits the granting of a Title V permit for a major proposed source (relating to air pollution control requirements) for an overburdened census tract, which is an area that has been identified as having a specified amount of particulate matter and an identified heightened risk of cancer due to air pollution. The EPA must publish a list of overburdened census tracts and update the list annually based on the most recently available modeling and monitoring data. After January 1, 2025, the bill also prohibits the renewal of Title V permits for major sources in an overburdened census tract.