article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) 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 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. 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 area.--The terms ``Environmental High Impact Area'' and ``EHIA'' mean the 20 counties or other geographic units that are designated pursuant to section 101. (3) Secretary.--The term ``Secretary'' means the Secretary of the 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; 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 obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Adminis- trator may add other substances as deemed appropriate. (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. 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. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Publication of Method.--Within 12 months after the enactment of this Act, the Administrator shall publish for public comment the method for selecting the EHIAs. (b) Determination of Impacted Areas.--Within 18 months after the date of enactment of this Act, the Administrator shall publish a list of 20 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 Registry, the National Center for Environmental Health, the National Center for Health Statistics, other appropriate Federal agencies, and State and local health authorities. (c) 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. (d) Compilation of List.--In selecting a methodology and compiling or revising the list of EHIAs, the Administrator shall-- (1) use the most recent data available; (2) take into account 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; (5) distinguish between 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 area; and (6) take into account the impact of pollution in high population density areas. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTION. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 1 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 environmental 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. SECRETARIAL STUDY. Within 2 years after the publication of each list of EHIAs under title I, the Secretary shall issue for public comment a report identifying the methodology used and nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to non- EHIAs, including impacts on subgroups within EHIAs. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. 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 ATSDR 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 chemicals, 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 determined 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 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 shown to emit toxic chemicals 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 pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA. TITLE V--HEALTH REMEDIES SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS. Within 1 year after the Secretary's biennial health assessment is released, in EHIAs shown to have adverse health outcomes related to environmental exposures, the Secretary shall establish a grant program to make available to public and nonprofit private entities awards for the purposes of providing community-wide medical screening and diagnostic services for environmentally related illnesses. Treatment services shall be provided for community residents with environmentally related illnesses if they lack private or public health insurance, and shall continue as long as medically necessary. Following community screening, the Secretary shall initiate a review of medical services within EHIAs to determine if the area or population would qualify as ``medically underserved'' or a ``health professional shortage area''. TITLE VI--POLLUTION REDUCTION SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS. 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 reduction/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 1 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 VII--PROMOTION OF GREEN SPACE SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS. Within 1 year after the Secretary's biennial health assessment is released, the Secretary of the Interior shall establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces, and provide guidance for promoting environmentally sound use of the land. TITLE VIII--FUNDING SEC. 801. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary.
summary: TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.