II Calendar No. 1056 110th CONGRESS 2d Session S. 642 [Report No. 110–485] IN THE SENATE OF THE UNITED STATES February 15, 2007 Mr. Durbin (for himself, Mr. Kerry, Mr. Menendez, Mrs. Clinton, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works September 24 (legislative day, September 17), 2008 Reported by Mrs. Boxer, without amendment A BILL 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.

1.

Short title

This Act may be cited as the Environmental Justice Act of 2008.

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. (b)

Definition of environmental justice

For purposes of carrying out the provisions of Executive Order 12898, the following definitions shall apply: (1)The term 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— (A)minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and (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. (2)The term “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. (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.

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’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. (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. (3)The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. (4)The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (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”: (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. (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. (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. (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. (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): (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. (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. (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) and instructions for implementation of those concepts. (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).

September 24 (legislative day, September 17), 2008 Reported without amendment