(2) adjust the weights calculated under para-
graph (1) to account for 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; and
(5) distinguish between toxic chemicals which
are (A) in a contained, controlled environment such
as barrels, factories, warehouses, or lined landfills
for any period of time during the 5-year period; and
(B) released into the air, water, soil or groundwater
of the area during the 5-year period as a result of
authorized or unauthorized activities.
(d) METHODS.—Within 6 months after the enact-
ment of this Act, the Administrator in consultation with
the Agency for Toxic Substances and Disease Registry
shall publish for public comment the methods to be used
to calculate the total weight of toxic chemicals in waste,
process, or other materials, including the assumptions to
be used when the precise concentrations of toxic chemicals
are not known and the criteria used to account for relative
toxicity, as required by subsection (b)(2).
(e) 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 INSPECTIONS.
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 2 years after the enactment of this Act, and not less
than every 2 years thereafter.
TITLE III—COMMUNITY
PARTICIPATION
SEC. 301. TECHNICAL ASSISTANCE GRANTS.
Subject to such amounts as may be appropriated and
in accordance with rules promulgated by the Secretary in
consultation with the Administrator, the Secretary may
make grants available to any individual or group of indi-
viduals who may be affected by a release or threatened
release from any toxic chemical facility in an EHIA. Such
grants shall—
(1) be designed to facilitate access by represent-
atives of EHIAs to the public participation provi-
sions of this Act and other law;
(2) be used to obtain technical assistance relat-
ing to the inspection and review authorities listed in
section 201 of this Act and the Secretarial study de-
scribed in section 401 of this Act; and
(3) not exceed $50,000 for a single grant recipi-
ent.
Each grant recipient shall be required, as a condition of
the grant, to contribute 20 percent of the total cost of
the grant requested unless the grant recipient dem-
onstrates financial need. 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.
SEC. 302. FUNDING.
Within one year after the enactment of this Act, the
Administrator shall promulgate regulations establishing a
system of fees or assessments on toxic chemical facilities
in EHIAs to substitute for appropriations as the funding
mechanism for the community grant program established
in section 301. The fees or assessments shall take into
account the volume adjustments provided in section
102(c).
TITLE IV—IDENTIFICATION AND
PREVENTION OF HEALTH IM-
PACTS
SEC. 401. SECRETARIAL STUDY.
Within 24 months after the enactment of this Act,
the Secretary, in consultation with the Administrator, the
Secretary of the Department of Labor, the Bureau of In-
dian Affairs, and the Commissioners of the United States
Commission on Civil Rights, shall issue for public com-
ment a report identifying the nature and extent, if any,
of acute and chronic impacts on human health in EHIAs
as compared to other counties. Such impacts shall include
but not be limited to cancer, birth deformities, infant mor-
tality rates, and respiratory diseases. The report shall be
coordinated by the Administrator of the Agency for Toxic
Substances Disease Registry, who shall work closely with
the Directors of the National Institute for Environmental
Health Sciences, the National Center for Health Statis-
tics, and the Center for Disease Control, and 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) rank the relative risks posed by the toxic
chemicals present in EHIAs and by the varied
sources of toxic chemicals, both individually and cu-
mulatively;
(4) take into account the need to remedy the
impacts of pollution in high population density
areas;
(5) evaluate the levels below which release of
toxic chemicals, either individually or cumulatively,
must be reduced to avoid adverse impacts on human
health; and
(6) determine the impacts of uncontrolled re-
leases.
As a result of the report in communities where the Admin-
istrator of the Agency for Toxic Substances Disease Reg-
istry has determined that adverse health impacts exist, the
agency shall also make this information readily available
to members of the community by providing information
directly to the affected communities and tribal govern-
ments in the Environmental High Impact Areas about the
release of toxic chemicals and the potential effects of such
exposure.
SEC. 402. LEGISLATIVE RESPONSE.
(a) REPORT.—If the report under section 401 identi-
fies significant adverse impacts of environmental pollution
on human health in EHIAs as a group, the President shall
submit to Congress within one year after publication of
the report, proposed legislation to remedy and prevent
such impacts. Such legislation shall include—
(1) expansion of EPCRA to include additional
facilities, additional chemicals, or reduced quantities
of chemicals triggering reporting obligations;
(2) means to redress regulatory loopholes (such
as recycling and industrial wastes exempt from regu-
lation under subtitle C of the Solid Waste Disposal
Act and wastes subject to lessened regulatory re-
quirements); and
(3) measures such as taxes on uncontrolled or
controlled emissions, or restrictions on toxic chemi-
cal releasing activities within an EHIA to induce
source reduction in EHIAs, regardless of whether
facilities are in compliance with existing law.
(b) REPORT
ON
CHANGES
AND
RECOMMENDA-
TIONS.—Within 2 years after publication of the report, the
Administrator shall provide a report to the Congress which
identifies all of the changes made or recommended to be
made to the Environmental Protection Agency’s existing
regulations, the purpose for each change and the goals to
be achieved as a result of the substantive changes. The
Administrator shall also advise Congress of the regulatory
changes that were not made because of the presence of
conflicting statutory mandates or the lack of statutory
authority.
(c) PROPOSED LEGISLATION.—Within 3 years after
publication of the health impact study, the President shall
submit to Congress proposed legislation to remedy the
problems of conflicting statutory mandates or the lack of
statutory authority identified in the report to Congress
pursuant to subsection (b).
SEC. 403. MORATORIUM.
If the report under section 401 finds significant ad-
verse impacts of environmental pollution on human health
in EHIAs, there shall be a moratorium on the siting or
permitting of any new toxic chemical facility in any EHIA
shown to emit toxic chemicals in quantities found to cause
significant adverse impacts on human health. A new toxic
chemical facility may be cited or permitted in such an
EHIA during this period only if—
(1) the need for the activity is shown to the
Secretary;
(2) the owner or operator of the facility dem-
onstrates that the facility will develop a plan and
maintain a comprehensive pollution prevention pro-
gram; and
(3) the facility demonstrates that it will mini-
mize uncontrolled releases into the environment.
The moratorium shall continue in effect in such an EHIA
until the Administrator determines, upon petition of any
interested party, that the health-based levels identified
pursuant to section 401(5) have been attained at the
EHIA.
Æ