I
105TH CONGRESS
2D SESSION
H. R. 4584
To promote environmental justice, public health, and pollution reduction
efforts.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 16, 1998
Mr. LEWIS of Georgia (for himself, Mr. MILLER of California, Mr. BRADY of
Pennsylvania, Ms. NORTON, Mr. CLAY, Mr. BONIOR, Mr. FILNER, and
Ms. PELOSI) introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committees on Transpor-
tation and Infrastructure, Agriculture, and Resources, 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 con-
cerned
A BILL
To promote environmental justice, public health, and
pollution reduction efforts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
This Act may be cited as the ‘‘Environmental Justice
Act of 1998’’.
SEC. 2. PURPOSES AND POLICIES.
The purposes of this Act are—
(1) to identify those areas which are subject to
the highest levels of toxic chemicals, through all
media;
(2) to require the collection of data on environ-
mental health effects so that impacts on different in-
dividuals or groups can be understood;
(3) to assess the health effects that may be
caused by emissions in those areas of highest im-
pact;
(4) to ensure that groups or individuals residing
within those areas of highest impact have the oppor-
tunity to participate in developing solutions to envi-
ronmental and health problems confronting their
community;
(5) to promote technologies and practices that
reduce or eliminate pollution; and
(6) to promote the development and mainte-
nance of parks and green open spaces in polluted
communities.
TITLE 
I—IDENTIFICATION 
OF
ENVIRONMENTAL 
HIGH 
IM-
PACT AREAS
SEC. 101. DEFINITIONS.
For the purposes of this Act:
tions pursuant to the Emergency Planning and
Community Right-to-Know Act. The Administrator
may add other substances as deemed appropriate.
(5) TOXIC
CHEMICAL
FACILITIES.—The term
‘‘toxic chemical facilities’’ includes all facilities in-
cluding Federal facilities subject to a permit, inspec-
tion or review, or registration requirement pursuant
to the authority of the Solid Waste Disposal Act; the
Clean Air Act; the Clean Water Act; the Federal In-
secticide, Fungicide and Rodenticide Act; and the
OSHA Hazard Communication Standard; as well as
any facility subject to reporting obligations pursuant
to the Emergency Planning and Community Right-
to-Know Act. The Administrator shall have the au-
thority to examine the level of toxic chemicals re-
leased into the environment by facilities not cur-
rently subject to Federal review, inspection, or re-
porting requirements if (A) a facility is believed to
produce a high level of environmental pollution, and
(B) the Administrator is petitioned by individuals or
groups within such EHIA to conduct the review.
SEC. 102. IDENTIFICATION OF ENVIRONMENTAL HIGH IM-
PACT AREAS.
(a) PUBLICATION OF METHOD.—Within 12 months
after the enactment of this Act, the Administrator shall
publish for public comment the method for selecting the
EHIAs.
(b) COMPILATION OF LIST.—In selecting a methodol-
ogy and compiling the list of EHIAs, the Administrator
shall—
(1) use the most recent data available;
(2) take into account the relative toxicity of the
toxic chemicals;
(3) determine, with the best available data, the
actual and potential exposures, and toxicity of the
toxic chemicals present in each impacted area;
(4) consider and utilize all appropriate data
compiled pursuant to any environmental regulatory
authority and other sources, including but not lim-
ited to available data on lead-based paint and the ex-
istence of pollutants from mobile sources;
(5) distinguish between toxic chemicals which
are (A) in a contained, controlled environment such
as barrels, factories, warehouses, or lined landfills;
and (B) released into the air, water, soil or ground-
water of the area; and
(6) take into account the impact of pollution in
high population density areas.
(c) DETERMINATION OF IMPACTED AREAS.—Within
18 months after the date of enactment of this Act, the
Administrator shall publish a list of 20 Environmental
High Impact Areas that are either counties or other ap-
propriate geographic units in which high levels of chemi-
cals are present and in which the population is exposed
to such chemicals. The Administrator shall also take into
consideration any geographical areas suggested for review
by the Agency for Toxic Substances and Disease Registry,
the National Center for Environmental Health, the Na-
tional Center for Health Statistics, other appropriate Fed-
eral agencies, and State and local health authorities.
(d) REVISION AND REPUBLICATION.—The Adminis-
trator shall revise and republish the list described in sub-
section (a) of this section not less than every 5 years,
using data compiled for that 5-year period.
TITLE II—ENFORCEMENT
INITIATIVES
SEC. 201. MANDATORY INSPECTION.
To assure that facilities with the highest potential for
release of toxic chemicals into the environment are operat-
ing in compliance with all applicable environmental, health
and safety standards, the Administrator, and the Assist-
ant Secretary of the Occupational Safety and Health Ad-
ministration shall conduct compliance inspections or re-
views of all toxic chemical facilities in Environmental High
Impact Areas subject to their respective jurisdictions with-
in 1 year after the publication of each list of EHIAs under
title I.
TITLE III—COMMUNITY
PARTICIPATION
SEC. 301. TECHNICAL ASSISTANCE GRANTS.
The Administrator shall make a technical assistance
grant available to any individual or group of individuals
in an EHIA. Such grants shall be used to seek guidance
from independent experts for the purpose of improving un-
derstanding of environmental and health concerns related
to designation as an EHIA. Not more than one grant may
be made with respect to each EHIA, but the grant may
be renewed to facilitate public participation where nec-
essary.
TITLE IV—IDENTIFICATION AND
PREVENTION OF HEALTH IM-
PACTS
SEC. 401. SECRETARIAL STUDY.
Within 2 years after the publication of each list of
EHIAs, under title I, the Secretary shall issue for public
comment a report identifying the methodology used and
nature and extent, if any, of acute and chronic impacts
on human health in EHIAs as compared to non-EHIAs,
including impacts on subgroups within EHIAs. Such im-
pacts shall include but not be limited to cancer, birth de-
formities, infant mortality rates, and respiratory diseases.
The report shall be coordinated by the Administrator of
the Agency for Toxic Substances and Disease Registry
and shall involve the community being assessed. The
ATSDR shall work closely with the Directors of the Na-
tional Institute for Environmental Health Sciences, the
National Center for Health Statistics, and other appro-
priate Federal agencies to coordinate the report, relying
on the expertise of leading health and environmental sci-
entists. The health assessment shall seek to—
(1) isolate the impacts of environmental pollu-
tion;
(2) segregate the effects of other factors such
as health care availability or substance abuse or diet;
(3) evaluate the levels below which release of
toxic chemicals, either individually or cumulatively,
must be reduced to avoid adverse impacts on human
health; and
(4) determine the impacts of uncontrolled re-
leases.
In conducting health assessments, the Administrator of
the Agency for Toxic Substances and Disease Registry
and other Federal agencies shall consider: the differential
sensitivities to exposures for vulnerable groups; the effects
of low levels of a toxin over a period of time; cumulative