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 Minnesota, Mr. EDWARDS of California, Mr. FILNER, Mr. FOGLIETTA, Mr. DELLUMS, Mrs. CLAYTON, Mrs. MINK, Ms. VELAZQUEZ, Mr. WASHINGTON, 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

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.

TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS

SEC. 101. 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 terms `Environmental High Impact Areas' and `EHIA' mean the 100 counties or appropriate geographic units 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 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 section 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 pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; all materials registered pursuant 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 including Federal facilities subject to a permit, inspection 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 Insecticide, 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 IMPACT 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 Agency, 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 enactment, 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 appropriate 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 county by multiplying the total volume of substances containing toxic chemicals (whether waste, process or other material) by the concentration of toxic chemicals contained in these substances;

(2) adjust the weights calculated under paragraph (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 limited to available data on lead-based paint and the existence 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 enactment 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 Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period.

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