I
103D CONGRESS
1ST SESSION
H. R. 2105
To establish a program to assure nondiscriminatory compliance with all envi-
ronmental, health and safety laws and to assure equal protection of
the public health.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1993
Mr. LEWIS of Georgia (for himself, Ms. MCKINNEY, Mrs. COLLINS of Illinois,
Mr. MILLER of California, Mr. TOWNS, Mr. SERRANO, Mr. STOKES, Ms.
WATERS, 
Miss 
COLLINS
of 
Michigan, 
Ms. 
NORTON, 
Mr.
HOCHBRUECKNER, Mr. CLYBURN, Mr. CONYERS, Mr. PETERSON of Min-
nesota, Mr. EDWARDS of California, Mr. FILNER, Mr. FOGLIETTA, Mr.
DELLUMS, Mrs. CLAYTON, Mrs. MINK, Ms. VELA´ZQUEZ, Mr. WASHING-
TON, Mr. THOMPSON, Ms. PELOSI, Mr. CLAY, and Mr. PAYNE of New
Jersey) introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce, Public Works and Transportation,
Education and Labor, and Agriculture
DECEMBER 17, 1993
Additional sponsors: Mr. COLEMAN, Mr. EVANS, Mr. FROST, Mr. TORRES,
Mr. ENGEL, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. DIXON, Mr.
OWENS, Mr. OLVER, and Mr. WYNN
A BILL
To establish a program to assure nondiscriminatory compli-
ance with all environmental, health and safety laws and
to assure equal protection of the public health.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Environmental Justice
Act of 1992’’.
SEC. 2. PURPOSES AND POLICIES.
The purposes of this Act are—
(1) to require the collection of data on environ-
mental health effects so that impacts on different in-
dividuals or groups can be understood;
(2) to identify those areas which are subject to
the highest loadings of toxic chemicals, through all
media;
(3) to assess the health effects that may be
caused by emissions in those areas of highest
impact;
(4) to ensure that groups or individuals residing
within those areas of highest impact have the oppor-
tunity and the resources to participate in the tech-
nical process which will determine the possible exist-
ence of adverse health impacts;
(5) to require that actions be taken by author-
ized Federal agencies to curtail those activities
found to be having significant adverse impacts on
human health in those areas of highest impact; and
(6) to ensure that significant adverse health im-
pacts that may be associated with environmental pol-
lution in the United States are not distributed
inequitably.
TITLE 
I—IDENTIFICATION 
OF
ENVIRONMENTAL 
HIGH 
IM-
PACT AREAS
SEC. 101. DEFINITIONS.
For the purposes of this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the United
States Environmental Protection Agency.
(2) ENVIRONMENTAL HIGH IMPACT AREAS.—
The terms ‘‘Environmental High Impact Areas’’ and
‘‘EHIA’’ mean the 100 counties or appropriate geo-
graphic units with the highest total weight of toxic
chemicals present during the course of the most re-
cent 5-year period for which data is available, as cal-
culated pursuant to section 102.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the United States Department of
Health and Human Services.
(4) TOXIC
CHEMICALS.—The term ‘‘toxic
chemicals’’ includes all substances as defined in sec-
tion 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980;
any hazardous waste listed or identified pursuant to
the Solid Waste Disposal Act; any pollutant for
which air quality standards have been issued pursu-
ant to the Clean Air Act; any pollutant for which
water quality standards have been issued pursuant
to the Clean Water Act; all materials registered pur-
suant to the Federal Insecticide, Fungicide, and
Rodenticide Act; and all substances and chemicals
subject to reporting obligations pursuant to the
Emergency Planning and Community Right-to-Know
Act.
(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.
SEC. 102. IDENTIFICATION OF ENVIRONMENTAL HIGH IM-
PACT AREAS.
(a) DETERMINATION OF IMPACTED AREAS.—Within
6 months after the date of enactment, the Administrator
of the Agency for Toxic Substances and Disease Registry,
in consultation with the Environmental Protection Agen-
cy, the National Institute for Environmental Health
Sciences, the National Center for Health Statistics and
the Bureau of the Census, shall determine the basis for
designation of Environmental High Impact Areas, either
counties or another appropriate geographic unit.
(b) PUBLICATION OF LIST.—Within 12 months of en-
actment, the Administrator shall publish a list, in rank
order, of the total weight of toxic chemicals present in
each county or such appropriate geographic unit in the
United States during the most recent five-year period for
which data are available. The 100 counties or other appro-
priate geographic unit with the highest total weight shall
be designated as Environmental High Impact Areas.
(c) COMPILATION OF LIST.—In compiling the list
under subsection (a), the Administrator shall—
(1) calculate with the best data available the
total weight of toxic chemicals present in each coun-
ty by multiplying the total volume of substances con-
taining toxic chemicals (whether waste, process or
other material) by the concentration of toxic chemi-
cals contained in these substances;