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Environmental Justice Act of 2007 SEC. 7. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES. (a) RIGHT TO PETITION- (1) Any citizen residing in a State in which a new pollution releasing facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued a permit to be constructed or to operate in that community. (2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs: (A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State. (B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State. (2) Subject to paragraph (3), the EPA shall approve the petition if it is established that-- (A) the proposed facility will be located in a health, environmental or economically disadvantaged community; and (B) the proposed facility may adversely affect-- (i) the human health of such community or a portion of such community; or (ii) the air, soil, water, or other elements of the environment of such community or a portion of such community. (3) After the petitioner has satisfied the requirement of paragraph (2), the EPA shall approve the petition only if the proponent(s) of the proposed facility establishes that --(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Administrator for purposes of this section); and(B) the proposed facility-- (i) will not release contaminants; or (ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged community; and (iii) the project represents clear economic benefit to the community. (4) ENDORSEMENT. If EPA has determined that there are no significant adverse impacts of environmental pollution on human health in a proposed area, and if a petitioner requests an advance designation of a proposed area, there shall be an endorsement on the siting or permitting of any new facility. A new facility may still be placed on the moratorium list if-- (1) the activity, due to its nature, and as determined by EPA, could negatively affect health at some future date; The endorsement shall continue in effect in such an area until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to Section 8 have not been maintained at the area due to the activities of the covered facility. (5) If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions.
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