Title: Environmental Justice Legacy Pollution Cleanup Act of 2020
Policy area: Environmental Protection

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4617 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4617

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2020

  Mr. Booker introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Justice Legacy 
Pollution Cleanup Act of 2020''.

SEC. 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 et seq.), 
        which shall be distributed to States and Indian Tribes that 
        have a State or Tribal program approved under section 405 of 
        that Act (30 U.S.C. 1235) or are referred to in section 
        402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)), and have 
        not made a certification under section 411(a) of that Act (30 
        U.S.C. 1240a(a)) in which the Secretary of the Interior has 
        concurred:  Provided, That such amount shall be allocated based 
        on the proportion of the quantity of coal historically produced 
        in each applicable State or from the land of each applicable 
        Indian Tribe before August 3, 1977:  Provided further, That the 
        total amount of grants provided under this paragraph to each 
        eligible State and Indian Tribe shall be not less than 
        $20,000,000, to the extent that the amount needed for 
        reclamation projects described in this paragraph in the State 
        or on the land of the Indian Tribe is not less than 
        $20,000,000.
            (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) for States to provide 
                forgivable loans to replace lead service lines and take 
                other actions necessary to address threats to public 
                health as a result of heightened exposure to lead in 
                drinking water without requiring a contribution to the 
                cost of the replacement of those lead services lines by 
                any individual homeowner;
                    (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, 16133);
                    (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)); and
                    (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) to evaluate and reduce lead-based paint 
                hazards and other housing-related health and safety 
                hazards in low-income housing; and
                    (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, 
                1701z-2), to identify and address housing-related 
                health and safety hazards in Tribal communities.
            (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) for the purpose of providing subgrants to 
        eligible individuals (as defined in subsection (a) of that 
        section) in accordance with that section:  Provided, That a 
        private nonprofit organization that receives such a grant shall 
        give priority to the provision of subgrants to eligible 
        individuals (as so defined) who do not have access to a 
        functioning sanitary sewage disposal system.
            (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), to provide safe drinking water and adequate sewer 
        systems in the homes of Indians and Alaska Natives.
    (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)) and section 793(c)(3) of the 
Energy Policy Act of 2005 (42 U.S.C. 16133(c)(3)), no matching funds 
requirement or matching funds incentive shall apply to amounts made 
available under subsection (a).
    (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.

SEC. 3. AVOIDING CUMULATIVE IMPACTS ON OVERBURDENED COMMUNITIES.

    (a) Definitions.--Section 501 of the Clean Air Act (42 U.S.C. 7661) 
is amended--
            (1) in the matter preceding paragraph (1), by striking ``As 
        used in this title--'' and inserting ``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' means a census tract that--
                    ``(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<INF>2.5</INF> of greater than 8 
                micrograms per cubic meter, as determined over the most 
                recent 3-year period for which data are available.''.
    (b) Permit Programs.--Section 502 of the Clean Air Act (42 U.S.C. 
7661a) is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``parts (C) or (D)'' and inserting ``part (C) or (D)''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``The Administrator'' and inserting ``Except 
                        for the requirements described in paragraphs 
                        (11) and (12), the Administrator''; and
                            (ii) in the second sentence, by striking 
                        ``These'' and inserting ``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. Those'';
                    (B) in paragraph (3)(B)(i), by striking 
                ``subparagraphs (ii) through (v) of this subparagraph'' 
                and inserting ``clauses (ii) through (v)'';
                    (C) in paragraph (10), in the matter before the 
                proviso, by striking ``total emissions:'' and inserting 
                ``total emissions):''; and
                    (D) by adding at the end the following:
            ``(11) After the date of enactment of the Environmental 
        Justice Legacy Pollution Cleanup Act of 2020, no permit shall 
        be granted by a permitting authority for a proposed major 
        source that would be located in an overburdened census tract.
            ``(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 et seq.) is amended by adding at the end the following:

``SEC. 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.''.
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