Summary: H.R.5326 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.5326. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (06/04/1992)

Environmental Justice Act of 1992 - Title I: Identification of Environmental High Impact Areas - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Requires the Administrator to: (1) publish the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials for public comment; and (2) revise and republish the 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 such Areas at least every two years.

Title III: Community Participation - Authorizes the Secretary of Health and Human Services to make a grant to individuals who may be affected by a release from any toxic chemical facility in an Environmental High Impact Area. Requires grants to be: (1) designed to facilitate access by representatives of such Areas to the public participation provisions of this and other Acts; and (2) used to obtain technical assistance relating to inspections, reviews, and studies. Limits the amount of grants and sets forth cost-sharing requirements.

Directs the Administrator to establish a system of user fees or assessments on toxic chemical facilities in such Areas to substitute for appropriations as the funding mechanism for the grant program.

Title IV: Identification and Prevention of Health Impacts - Requires the Secretary to issue for public comment a report identifying the nature and extent of acute and chronic impacts on human health in such Areas as compared to other counties.

Requires the President, if the report identifies significant adverse impacts of environmental pollution on human health in such Areas as a group, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting obligations; (2) a means to redress regulatory loopholes (such as wastes exempt from or subject to lessened regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction.

Establishes a moratorium on the siting or permitting of any toxic chemical facility in such Areas that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Authorizes the siting or permitting of such a facility during this period only if: (1) the need for the activity is demonstrated to the satisfaction of the Secretary; and (2) the facility demonstrates that it will minimize uncontrolled releases into the environment. Continues the moratorium until certain health-based levels have been attained in the Area.