NCD980602163_19981002_Warren County PCB Landfill_SERB C_USEPA - Warren County PCB Landfill_SERB C_Environmental Justice Act of 1998-OCR

language in the universal waste rule can be legally interpreted to allow disposal of these wastes at facilities not
• specifically permitted to bum dioxin.
At press rime it was unclear if EPA would propose allowing dioxin wastes to be stored longer than 90 days.
REP. LEWIS INTRODUCES ENVIRONMENTAL JUSTICE LEGISLATION TO HELP MINORITIES
Rep. John Lewis (D-GA) has drafted new environmental justice legislation designed to help prevent polluting
facilities from being cited and permitted in minority communities. Te::r:r of the bill follows this story.
The bill, H.R. 4584, was introduced Sept. 16 and is designed to "promote environmental justice, public health
and pollution reduction efforts," a draft of the bill says.
Sources in Lewis' office were unavailable for comment.
The legislation would require EPA and the Department of Health & Human Services to identify and designate
20 "environmental health impact areas" that are subject to high levels of toxic chemicals; collect data on environmen-
tal health effects to understand the impacts felt by different populations; ensure populations living in impact areas
have an opportunity to participate in the development of environmental and health solutions; promote technologies to
reduce or eliminate pollution; and promote the development of parks and green spaces in polluted communities.
The bill would also require EPA and states to conduct mandatory inspections at polluting facilities in health
impact areas and would institute a siring and permitting moratorium in all of those areas that are found to have
significant harmful health effects from existing facilities.
Finally, the bill would create a series of grants to help communities develop plans that address health and
environmental impacts and to develop new open spaces in their communities.
Environmental Justice Act of 7998
H. R. 4584
To promote environmental justice, public health, and pollu-
tion reduction efforts.
!'.Ii THE HOL1SE OF REPRESENT A TJVES
September 16, 1998
Mr. LE:\VIS of Georgia (for himself, Mr. MILLER ofCali-
forr:ia.Mr.BRADYofPe:msylvania,Ms. NORTON,Mr. CLAY,
\1r. BONIOR, ;\Ir. FIL~ER, and Ms. PELOSI) introduced the
following bill: which was referred to the Committee on Com-
me:-ce. and in addition to the Committees on Transportation and
Infrastructure. Agriculture. and Resources, for a period to be
subsequently de'.ermined by the Speaker, in each case for consid-
e:-ation of such provisions as fall within the jurisdiction of the
committee concerned ·
A BILL
To promote environmental justice, public health, and pollu-
tion reduction efforts.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
This Act may be cited as the 'Environmental Justice Act of
1998'.
I ,f'/~;:,-... ',. -' '
SEC. 2.-PUR:iJOSES AND POLICIES.
The puij'S"J~s ·of this .Act are -
(I) to identify those areas which are subject to the highest
levels of toxic chemicals, through all media;
(2) to require the collection of data on environmental health
effects so that impacts on different individuals or groups can be
understood;
(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
WASTE POLICY ALERT -October 2, 1998
areas of highest impact have the opportUnity to participate in
developing solutions to environmental and health problems
confronting their community;
(5) to promote technologies and practices that reduce or
eliminate pollution; and
(6) to promote the development and maintenance of parks
and green open spaces in polluted communities.
TITLE I -IDENTIFICATION OF ENVIRO:\:\IE:'\TAL
HIGH IMPACT AREAS
SEC. IOI. 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
20 counties or other geographic units that are designated pursu-
ant to section I 02.
(3) SECRETARY -The term 'Secretary' means the Secre-
tary of the United States Depamnent 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: any pollutant for which
a national primary drinking water regulation has been issued
pursuant to the Safe Drinking Water Act; all materials registered
pursuant to the Federal Insecticide, Fungicide, and Rodenticide
Act: and all substances and chemicals subject to reporting obli-
gations pursuant to the Emergency Planning and Community
11
stances as deemed appropriate.
(5) TOXIC CHE?vfICAL FACILITIES -The term 'toxic
chemical facilities' includes all facilities including Federal facili-
ties subject to a permit, inspection or review, or registration
requirement pursuant to the authority of the Solid Waste Dis-
posal 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 pursuantto the Emergency Planning and
Community Right-to-Know Act. The Administrator shall have
the authority to examine the level of toxic chemicals released into
the environment by facilities not currently subject to Federal
review, inspection, or reporting requirements if (A) a facility is
believed to produce a high level of environmental pollution, and
(B) the Administrator is petitioned by individuals or groups
within such EHIA to conduct the review.
SEC. 102. IDENTIFICATION OF ENVIRONMENTAL
HIGH IMP ACT AREAS.
(a) PUBLICATION OF METHOD-Within 12 months after
the e:iactment of this Act, the Administrator shall publish for
public comment the method for selecting the EH!As.
(b) COMPILATION OF LIST -In selecting a methodology
and compiling the list ofEHIAs, the Administrator shall -
(]) use the most rece:it data available;
(2) take into account the relative toxicity of the toxic
chemicals: ·
(3) determine. with the best available data., the actual
and pote:itial exposures. and toxicity of the toxic chemicals
prese:it in each impacted area:
(4) consider and utilize all appropriate data compiled
pursuant to any environmentai regulatory authority and other
sources. including but not limited to available data on lead-based
paint and the existence of pollutants from mobile sources;
(5) distinguish betwee:i toxic chemicals which are (A)
in a contained. controlled environment such as barrels, factories,
warehouses. or lined landfills: and (B) released into the air, water,
soil or groundwater of the arer and
(6) take into account the impact of pollution in high
population density areas.
( c) DETER:vll~A TIO"s OF IMP ACTED AREAS -Within
18 months after the date of enactment of this Act, the Adminis-
trator shall publish a list of20 Environmental High Impact Areas
that are either counties or other appropriate geographic units in
which high levels of chemicals are present and in which the
population is exposed to such chemicals. The Administrator shall
also take into consideration any geographical areas suggested for
review by the Agency for Toxic Substances and Disease Regis-
try, the National Center for Environmental Health, the National
Center for Health Statistics, other appropriate Federal agencies,
and State and local health authorities.
(d) REV_I,SI,PN AND REPUBLICATION-TheAdministra-
tor shall m)si:;~p!,!blisl) ·the list described in subsection (a)
of this section no£1c:,,s_t!ian e-.;ery 5 years, using data compiled for
that 5-yearperiod. ·
TITLE II -ENFORCEME~T Ir-.ITIA TJVES
SEC. 201. MANDATORY l:'SPECTION.
To assure that facilities with the highest potential for release
of toxic chemicals into the environment are operating in compli-
12
dards, the Administrator, and the Assistant ::iecretary ot the
Occupational Safety and Health Ad.ministration shall conduct
compliance inspections or reviews of all toxic chemical facilities
in Environmental High Impact Areas subject to their respective
jurisdictions within I year after the publication of each list of
EHIAs under title I.
TITLE III-COMMUNITY PARTICIPATION
SEC. 301. TECHNICAL ASSISTANCE GRANTS.
The Administrator shall make a technical assistance grant
available to any individual or group of individuals in an EHIA.
Such grants shall be used to seek guidance from independent
experts for the purpose of improving understanding of environ-
mental and health concerns related to designation as an EHIA.
Not more than one grant may be made with respect to each EHIA.
but the grant may be renewed to facilitate public participation
where necessary.
TITLE IV -IDENTIFICATION AND PREVENTION OF
HEALTH IMPACTS
SEC. 401. SECRET ARIAL STUDY.
Within 2 years after the publication of each list of EHi As.
under title I, the Secretary shall issue for public comment a report
idemifying the methodology used and narure and extenL if any,
of acute and chronic impacts on human health in EH!As as
compared to non-EH!As, including impacts on subgroups within
EH!As. Such impact.S shall include but not be limited to cancer,
birth deformities, infant mortality rates, and respiratory dis-
eases. The report shall be coordinated by the Administrator of
the Agency for Toxic Substances and Disease Registry and
shall involve the community being assessed. The A TSDR
shall work closely with the Directors of the National Institute
for Environmental Health Sciences, the National Center for
Health Statistics, and other appropriate Federal agencies to
coordinate the report, relying on the expertise of leading
health and environmental scientists. The health assessment
shall seek to -
( 1) isolate the impacts of environmental pollution;
(2) segregate the effects of other factors such as health care
availability or substance abuse or diet:
(3) evaluate the levels below which release of toxic chemi-
cals, either individually or cumulatively, must be reduced to
avoid adverse impacts on human health; and
(4) determine the impacts of uncontrolled releases.
In conducting health assessments, the Administrator of the
Agency for Toxic Substances and Disease Registry and other
Federal agencies shall consider: the differential sensitivities to
exposures for vulnerable groups; the effects of low levels of a
toxin over a period of time; cumulative and synergistic effects
of multiple toxins; and methodological issues for studying
exposures and diseases among small numbers of people,
including units of measurement and analyses sensitive to
disease clusters; and demographic information relevant for a
determination of environmental justice concerns. As a result
of the report in communities where the Administrator of the
Agency for Toxic Substances Disease Registry has deter-
mined that adverse health impacts exist, the agency shall also
make this information readily available to members of the
community by providing information directly to the affected
WASTE POLICY ALERT -October 2, 1998
communities and tribal governments in the Environmental High
Impact Areas.
SEC. 402. MORATORIUM.
If the report under section 401 finds significant adverse
impactS of environmental pollution on human health in EHIAs,
there shall be a moratorium on the siting or permitting of any new
toxic chemical facility in any EHIA sho\.VTI to emit toxic chemi-
cals in quantities found to cause significant adverse impacts on
human health. A new toxic chemical facility may be cited or
permitted in such an EHIA during this period only if the Secretary
and Administrator agree that -
( 1) there will be no significant adverse impacts to human
health;
(2) the owner or operator of the facility demonstrates that the
facility has developed a plan to maintain a comprehensive pollu-
tion prevention program: and
(3 ) the facility demonstrates that it will minimize uncon-
trolled releases into the environment.
The moratorium shall continue in effect in such an EHIA
until the Administrator determines, upon petition of any inter-
ested party, that the health-based levels identified pursuant to
section 40 I ( 5) have been attained at the EHIA.
TITLE \' -HEAL TH REMEDIES
SEC. 501. HEALTH SCREENING AND TREATME;'l;T
GRA-"TS.
Within I year after the Secretary's biennial health assess-
ment is released. in EH!As shown to have adverse health out-
comes re lated to environmental exposures, the Secretary shall
establish a grant program to make available to public and non-
profit private entities awards for the purposes of providing
community-wide medical screening and diagnostic services for
e:,vironmemally related illnesses. Treatment services shall be
provided for community residents with environmentally related
ill nesses if they lack pri vate or public health insurance, and shall
continue as long as medically necessary. Following community
screening, the Secretary shall 1mt1ate a review or mea1ca1 ser-
vices within EHIAs to determine if the area or population would
qualify as 'medically underserved' or a 'health professional
shortage area'.
TITLE V1 -POLLUTION REDUCTION
SEC. 601. POLLUTION REDUCTION/PREVENTION
GR.ANTS.
In EHIAs where the Secretary has determined that adverse
health outcomes are related to environmental exposures, the
Administrator shall immediately take efforts to reduce pollution
in the area. The Administrator shall first make available to States
with EHIAs pollution reductiorv'prevention grants which will
involve community representatives, public health experts, local
business, and government officials located within the EHIA in
developing effective pollution reduction strategies. If within I
year, the Administrator determines that significant steps have not
been made to reduce pollution and risk to human health. the
Administrator may take regulatory steps to reduce pollution in
the area.
TITLE \1I-PROMOTION OF GREEN SPACE
SEC. 701. DEVELOPMENT OF PARKS OR RECRE-
ATIONAL AREAS.
Within 1 year after the Secretary's bie:,nial health assess-
me!lt is released, the Secretary of the Interior shall establish a
grant program to make available to local public or nonprofit
pri vate entities within EHlAs awards for the de velopment of
parks and recreational spaces, and provide gu idance for promot-
ing environmentally sound use of the land.
TITLE VIII -FUNDING
SEC. 801. FUNDING.
There are authorized to be appropriated to carry out th is Act
such sums as may be necessary.
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