Environmental Justice Legacy Pollution Cleanup Act of 2020

II 116TH CONGRESS 2D SESSION S. 4617 To provide supplemental appropriations for the cleanup of legacy pollution, including National Priority List sites, certain abandoned coal mining sites, and formerly used defense sites, to replace lead drinking water service lines, to provide grants under certain programs, and to amend the Clean Air Act to prohibit the issuance of new major source air pollution permits in overburdened communities, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 17, 2020 Mr. BOOKER introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide supplemental appropriations for the cleanup of legacy pollution, including National Priority List sites, certain abandoned coal mining sites, and formerly used defense sites, to replace lead drinking water service lines, to provide grants under certain programs, and to amend the Clean Air Act to prohibit the issuance of new major source air pollution permits in overburdened commu- nities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4617 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Environmental Justice 2 Legacy Pollution Cleanup Act of 2020’’. 3 SEC. 2. SUPPLEMENTAL APPROPRIATIONS FOR ENVIRON- 4 MENTAL CLEANUP AND REMEDIATION OF 5 THREATS TO PUBLIC HEALTH. 6 (a) IN GENERAL.—The following amounts are appro- 7 priated, out of amounts in the Treasury not otherwise ap- 8 propriated, for fiscal year 2020, to remain available until 9 expended: 10 (1) For the Department of the Interior, 11 $10,000,000,000 to provide grants to States and In- 12 dian Tribes for abandoned mine land and water rec- 13 lamation projects under the Surface Mining Control 14 and Reclamation Act of 1977 (30 U.S.C. 1201 et 15 seq.), which shall be distributed to States and Indian 16 Tribes that have a State or Tribal program ap- 17 proved under section 405 of that Act (30 U.S.C. 18 1235) or are referred to in section 402(g)(8)(B) of 19 that Act (30 U.S.C. 1232(g)(8)(B)), and have not 20 made a certification under section 411(a) of that Act 21 (30 U.S.C. 1240a(a)) in which the Secretary of the 22 Interior has concurred: Provided, That such amount 23 shall be allocated based on the proportion of the 24 quantity of coal historically produced in each appli- 25 cable State or from the land of each applicable In- 26 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4617 IS dian Tribe before August 3, 1977: Provided further, 1 That the total amount of grants provided under this 2 paragraph to each eligible State and Indian Tribe 3 shall be not less than $20,000,000, to the extent 4 that the amount needed for reclamation projects de- 5 scribed in this paragraph in the State or on the land 6 of the Indian Tribe is not less than $20,000,000. 7 (2) For the Environmental Protection Agency— 8 (A) $10,000,000,000 for remedial actions 9 at sites on the National Priorities List devel- 10 oped by the President in accordance with sec- 11 tion 105(a)(8)(B) of the Comprehensive Envi- 12 ronmental Response, Compensation, and Liabil- 13 ity Act of 1980 (42 U.S.C. 9605(a)(8)(B)); 14 (B) $20,000,000,000 for capitalization 15 grants to State drinking water treatment re- 16 volving loan funds established under section 17 1452 of the Safe Drinking Water Act (42 18 U.S.C. 300j–12) for States to provide forgivable 19 loans to replace lead service lines and take 20 other actions necessary to address threats to 21 public health as a result of heightened exposure 22 to lead in drinking water without requiring a 23 contribution to the cost of the replacement of 24 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4617 IS those lead services lines by any individual home- 1 owner; 2 (C) $1,000,000,000 for the Diesel Emis- 3 sions Reduction Program under sections 792 4 and 793 of the Energy Policy Act of 2005 (42 5 U.S.C. 16132, 16133); 6 (D) $1,000,000,000 to carry out 7 Brownfields projects authorized by section 8 104(k) of the Comprehensive Environmental 9 Response, Compensation, and Liability Act of 10 1980 (42 U.S.C. 9604(k)); and 11 (E) $1,000,000,000 for grants to States 12 and Indian Tribes under section 128(a) of the 13 Comprehensive Environmental Response, Com- 14 pensation, and Liability Act of 1980 (42 U.S.C. 15 9628(a)). 16 (3) For the Department of Housing and Urban 17 Development— 18 (A) $30,000,000,000 for grants to States 19 and units of local government under section 20 1011 of the Residential Lead-Based Paint Haz- 21 ard Reduction Act (42 U.S.C. 4852) to evaluate 22 and reduce lead-based paint hazards and other 23 housing-related health and safety hazards in 24 low-income housing; and 25 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4617 IS (B) $1,000,000,000 for grants under the 1 Healthy Homes Production Grant Program for 2 Tribal Housing, as authorized under sections 3 501 and 502 of the Housing and Urban Devel- 4 opment Act of 1970 (12 U.S.C. 1701z–1, 5 1701z–2), to identify and address housing-re- 6 lated health and safety hazards in Tribal com- 7 munities. 8 (4) For the Corps of Engineers— 9 (A) $10,000,000,000 for environmental 10 restoration of formerly used defense sites under 11 section 2701 of title 10, United States Code; 12 and 13 (B) $3,000,000,000 for the Formerly Uti- 14 lized Sites Remedial Action Program of the 15 Corps of Engineers. 16 (5) For the Department of Agriculture, 17 $10,000,000,000 to provide grants to private non- 18 profit organizations under section 306E of the Con- 19 solidated Farm and Rural Development Act (7 20 U.S.C. 1926e) for the purpose of providing sub- 21 grants to eligible individuals (as defined in sub- 22 section (a) of that section) in accordance with that 23 section: Provided, That a private nonprofit organiza- 24 tion that receives such a grant shall give priority to 25 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4617 IS the provision of subgrants to eligible individuals (as 1 so defined) who do not have access to a functioning 2 sanitary sewage disposal system. 3 (6) For the Indian Health Service, 4 $3,000,000,000 for the sanitation facilities program 5 established under section 7 of the Act of August 5, 6 1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a), 7 to provide safe drinking water and adequate sewer 8 systems in the homes of Indians and Alaska Natives. 9 (b) WAIVER OF MATCHING FUNDS REQUIRE- 10 MENTS.—Notwithstanding any other provision of law, in- 11 cluding section 104(k)(10)(B)(iii) of the Comprehensive 12 Environmental Response, Compensation, and Liability Act 13 of 1980 (42 U.S.C. 9604(k)(10)(B)(iii)) and section 14 793(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 15 16133(c)(3)), no matching funds requirement or matching 16 funds incentive shall apply to amounts made available 17 under subsection (a). 18 (c) EMERGENCY DESIGNATION.— 19 (1) IN GENERAL.—The amounts provided by 20 this section are designated as an emergency require- 21 ment pursuant to section 4(g) of the Statutory Pay- 22 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 23 (2) DESIGNATION IN SENATE.—In the Senate, 24 this section is designated as an emergency require- 25 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4617 IS ment pursuant to section 4112(a) of H. Con. Res. 1 71 (115th Congress), the concurrent resolution on 2 the budget for fiscal year 2018. 3 SEC. 3. AVOIDING CUMULATIVE IMPACTS ON OVERBUR- 4 DENED COMMUNITIES. 5 (a) DEFINITIONS.—Section 501 of the Clean Air Act 6 (42 U.S.C. 7661) is amended— 7 (1) in the matter preceding paragraph (1), by 8 striking ‘‘As used in this title—’’ and inserting ‘‘In 9 this title:’’; 10 (2) by redesignating paragraphs (3) and (4) as 11 paragraphs (4) and (5), respectively; and 12 (3) by inserting after paragraph (2) the fol- 13 lowing: 14 ‘‘(3) OVERBURDENED CENSUS TRACT.—The 15 term ‘overburdened census tract’ means a census 16 tract that— 17 ‘‘(A) has been identified within the Na- 18 tional Air Toxics Assessment published by the 19 Administrator as having a greater than 100 in 20 1,000,000 total cancer risk; or 21 ‘‘(B) has been determined to have an an- 22 nual mean concentration of PM2.5 of greater 23 than 8 micrograms per cubic meter, as deter- 24 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4617 IS mined over the most recent 3-year period for 1 which data are available.’’. 2 (b) PERMIT PROGRAMS.—Section 502 of the Clean 3 Air Act (42 U.S.C. 7661a) is amended— 4 (1) in subsection (a), in the first sentence, by 5 striking ‘‘parts (C) or (D)’’ and inserting ‘‘part (C) 6 or (D)’’; and 7 (2) in subsection (b)— 8 (A) in the matter preceding paragraph 9 (1)— 10 (i) in the first sentence, by striking 11 ‘‘The Administrator’’ and inserting ‘‘Ex- 12 cept for the requirements described in 13 paragraphs (11) and (12), the Adminis- 14 trator’’; and 15 (ii) in the second sentence, by striking 16 ‘‘These’’ and inserting ‘‘For the require- 17 ments described in paragraphs (11) and 18 (12), the Administrator shall promulgate 19 the regulations required by those para- 20 graphs as soon as practicable after the 21 date of enactment of the Environmental 22 Justice Legacy Pollution Cleanup Act of 23 2020. Those’’; 24 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4617 IS (B) in paragraph (3)(B)(i), by striking 1 ‘‘subparagraphs (ii) through (v) of this sub- 2 paragraph’’ and inserting ‘‘clauses (ii) through 3 (v)’’; 4 (C) in paragraph (10), in the matter be- 5 fore the proviso, by striking ‘‘total emissions:’’ 6 and inserting ‘‘total emissions):’’; and 7 (D) by adding at the end the following: 8 ‘‘(11) After the date of enactment of the Envi- 9 ronmental Justice Legacy Pollution Cleanup Act of 10 2020, no permit shall be granted by a permitting au- 11 thority for a proposed major source that would be 12 located in an overburdened census tract. 13 ‘‘(12) After January 1, 2025, no permit for a 14 major source in an overburdened census tract shall 15 be renewed.’’. 16 (c) LIST OF OVERBURDENED CENSUS TRACTS.— 17 (1) IN GENERAL.—Title V of the Clean Air Act 18 (42 U.S.C. 7661 et seq.) is amended by adding at 19 the end the following: 20 ‘‘SEC. 508. LIST OF OVERBURDENED CENSUS TRACTS. 21 ‘‘(a) IN GENERAL.—Not later than 30 days after the 22 date of enactment of this Act, the Administrator shall 23 publish in the Federal Register a list of overburdened cen- 24 sus tracts. 25 VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4617 IS ‘‘(b) UPDATE.—On an annual basis, the Adminis- 1 trator shall update the list under subsection (a) based on 2 the most recently available modeling and monitoring 3 data.’’. 4 (2) CLERICAL AMENDMENT.—The table of con- 5 tents for title V of the Clean Air Act (69 Stat. 322, 6 chapter 360; 104 Stat. 2635) is amended by adding 7 after the item relating to section 507 the following: 8 ‘‘Sec. 508. List of overburdened census tracts.’’. Æ VerDate Sep 11 2014 02:28 Sep 29, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S4617.IS S4617 kjohnson on DSK79L0C42PROD with BILLS