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To codify Executive Order 12898, relating to environmental justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and the Comptroller General of the United States, and for other purposes.CommentsClose CommentsPermalink

February 15, 2007CommentsClose CommentsPermalink

Mr. DURBIN (for himself, Mr. KERRY, and Mr. MENENDEZ, Mrs. CLINTON, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To codify Executive Order 12898, relating to environmental justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and the Comptroller General of the United States, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Environmental Justice Act of 2007'8’.CommentsClose CommentsPermalink

SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898.

(a) In General- The President of the United States is authorized and directed to execute, administer and enforce as a matter of Federal law the provisions of Executive Order 12898, dated February 11, 1994, (`‘Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations'’) with such modifications as are provided in this section.CommentsClose CommentsPermalink





(b) Definition of Environmental Justice- For purposes of carrying out the provisions of Executive Order 12898, the following definitions shall apply:CommentsClose CommentsPermalink





(1) The term `environmental justice'‘environmental justice’ means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that--CommentsClose CommentsPermalink





(A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; andCommentsClose CommentsPermalink





(B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard.CommentsClose CommentsPermalink





(2) The term `fair treatment'‘fair treatment’ means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities.CommentsClose CommentsPermalink





(c) Judicial Review and Rights of Action- The provisions of section 6-609 of Executive Order 12898 shall not apply for purposes of this Act.CommentsClose CommentsPermalink

SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION AGENCY.

(a) Inspector General Recommendations- The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in report # 2006-P-00034 entitled `‘EPA needs to conduct environmental justice reviews of its programs, policies and activities':(1) The recommendation that the agency'’:CommentsClose CommentsPermalink





(1) The recommendation that the agency’s program and regional offices identify which programs, policies, and activities need environmental justice reviews and require these offices to establish a plan to complete the necessary reviews.CommentsClose CommentsPermalink





(2) The recommendation that the Administrator of the agency ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low-income populations.CommentsClose CommentsPermalink





(3) The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews.CommentsClose CommentsPermalink





(4) The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions.CommentsClose CommentsPermalink





(b) GAO Recommendations- In developing rules under laws administered by the Environmental Protection Agency, the Administrator of the Agency shall, as promptly as practicable, carry out each of the following recommendations of the Comptroller General of the United States as set forth in GAO Report numbered GAO-05-289 entitled `‘EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules'’:CommentsClose CommentsPermalink





(1) The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule.CommentsClose CommentsPermalink





(2) The recommendation that the Administrator enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training to helping them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate.CommentsClose CommentsPermalink





(3) The recommendation that the Administrator improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts.CommentsClose CommentsPermalink





(4) The recommendation that the Administrator direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency'’s explanation of the basis for its conclusions, together with supporting data.CommentsClose CommentsPermalink





(c) 2004 Inspector General Report- The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in the report entitled `‘EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice'’ (Report No. 2004-P-00007):CommentsClose CommentsPermalink





(1) The recommendation that the agency clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of the roles and responsibilities of the office.CommentsClose CommentsPermalink





(2) The recommendation that the agency establish (through issuing guidance or a policy statement from the Administrator) specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into the agency'’s daily activities.CommentsClose CommentsPermalink





(3) The recommendation that the agency ensure the comprehensive training program currently under development includes standard and consistent definitions of the key environmental justice concepts (such as `low-income', `minority', and `disproportionately impacted'‘low-income’, ‘minority’, and ‘disproportionately impacted’) and instructions for implementation of those concepts.CommentsClose CommentsPermalink





(d) Report- The Administrator shall submit an initial report to Congress within 6 months after the enactment of this Act regarding the Administrator'’s strategy for implementing the recommendations referred to in subsections (a), (b), and (c). Thereafter, the Administrator shall provide semi-annual reports to Congress regarding his progress in implementing such recommendations as well as his progress on modifying the Administrator'’s emergency management procedures to incorporate environmental justice in the agency'’s Incident Command Structure (in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General of the agency).CommentsClose CommentsPermalink