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S 2806 IS 102d CONGRESS 2d Session S. 2806 To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health. IN THE SENATE OF THE UNITED STATES June 3 (legislative day, MARCH 26), 1992 Mr. GORE introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health. 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 Act of 1992'. SEC. 2. PURPOSES AND POLICIES. The purposes of this Act are-- (1) to require the collection of data on environmental health effects so that impacts on different individuals 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 opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts; (5) to require that actions be taken by authorized 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 impacts that may be associated with environmental pollution in the United States are not distributed inequitably. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the United States Environmental Protection Agency. (2) ENVIRONMENTAL HIGH IMPACT AREAS- The term `Environmental High Impact Area' means any of the 100 counties with the highest total weight of toxic chemicals present during the course of the most recent 5-year period for which data is available, as calculated pursuant to section 4. (3) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services. (4) TOXIC CHEMICALS- The term `toxic chemicals' includes all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14); any pollutant for which air quality standards have been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.); any pollutant for which water quality standards have been issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.). (5) TOXIC CHEMICAL FACILITIES- The term `toxic chemical facilities' includes all facilities (including Federal facilities) subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); and or which are subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 651 et seq.), and any facility subject to reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.). SEC. 4. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) PUBLICATION OF LIST- Within 9 months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals present in each county in the United States during the most recent 5-year period for which data are available. The 100 counties with the highest total weight shall be designated as Environmental High Impact Areas. (b) COMPILATION OF LIST- In compiling the list under subsection (a), the Administrator shall-- (1) calculate, with the best available data, the total weight of toxic chemicals present in each county by -- (A) multiplying the total volume of each substance containing toxic chemicals (whether waste, process or other material) by the concentration of toxic chemicals contained in the substances (expressed in terms of a relative weight of the substance); and (B) adjusting the weights calculated under subparagraph (A) to account for the relative toxicity of the toxic chemicals; (2) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including available data on lead-based paint and the existence of pollutants from mobile sources; and (3) distinguish between toxic chemicals that 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 ground water of the area during the 5-year period as a result of authorized or unauthorized activities. (c) METHODS- Within 6 months after the date of enactment of this Act, the Administrator 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). (d) REVISION AND REPUBLICATION- The Administrator shall revise and republish the list described in subsection (a) by the date that is 5 years after the date of initial publication, and not less frequently than every 5 years thereafter, using data compiled for the applicable 5-year period.
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