Sec. 1004. Implementation of recommendations by Environmental Protection Agency
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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 No. 2006–P–00034 entitled EPA needs to conduct environmental justice reviews of its programs, policies and activities : 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.
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. The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions.
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 : The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule.
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 help them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate. 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.
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. 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):
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. The recommendation that the Agency establish (through issuing guidance or a policy statement from the Administrator) specific timeframes 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 put into operation environmental justice in the Agency’s daily activities. 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. 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 paragraphs (1), (2), and (3). Thereafter, the Administrator shall provide semiannual reports to Congress regarding the Administrator’s progress in implementing such recommendations and 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). Because radon is a naturally occurring radioactive gas that is recognized as the leading cause of lung cancer among nonsmokers and is a particular environmental threat for low-income and minority individuals because of the lack of information about radon levels in their own homes, the Administrator of the Environmental Protection Agency shall within 6 months after the date of the enactment of this Act, implement the action plan entitled Protecting People and Families from Radon: A Federal Action Plan for Saving Lives (June 20, 2011), working with the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, and with the other Federal agencies mentioned in and as set forth in the action plan. In carrying out paragraph (1), the Administrator shall take steps to achieve each of the following: The recommendation that the workgroup comprised of the Federal agencies participating in the development of the action plan referred to in paragraph
(1)implement specific steps within the current authority and activities of each Federal agency to reduce exposure to radon. The recommendation that such workgroup meet on the 1-year anniversary of the plan to assess and recognize achievements of the plan. The Administrator shall report to the Congress on the 1-year assessment of the plan’s implementation, including the challenges remaining and the progress in reducing radon exposure particularly to low-income and minority families. The Congress finds the following: The effects of lead poisoning are irreversible and cost the United States millions annually in medical and education costs. The cognitive effects suffered by lead exposed children result in a lifetime of health and behavioral problems, which makes prevention efforts more critical. The risk is especially high for vulnerable minority populations who are more likely to live in older homes, where lead-based paint is more likely to be present. The Administrator of the Environmental Protection Agency shall, not later than 6 months after the date of the enactment of this Act, develop an action plan, working with the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, and other Federal agencies as necessary. In carrying out paragraph (2), the Administrator of the Environmental Protection Agency shall take steps to achieve each of the following: The establishment of a working group, comprised of representatives of the Federal agencies participating in the development of the action plan referred to in paragraph (2), to make recommendations for implementation of specific steps within the existing authority and activities of each Federal agency to reduce exposure to lead. The development by Federal agencies of materials on the hazards of lead-based paint aimed at educating tenants and landlords, and how to both recognize potential causes for exposure and how to remediate them.