,,ii #aaith ,,congress #b;d ,session ,s4 #edji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjbf,mr4 ,whitehouse 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to restore and strengthen the obligation of the ,environmental ,protection ,agency to protect human health and the environment1 to halt unlawful deregulatory actions1 to require enforcement of the ,clean ,air ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,environmental ,health ,restoration ,act of #bjbf4 #b4 ,findings ,congress finds that-- 7#a7 the ,environmental ,protection ,agency was created to protect human health and the environment and is statutorily required to carry out and enforce the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and other critically important environmental laws that protect public health2 7#b7 since ,january #bjbe1 the ,environmental ,protection ,agency has initiated or advanced dozens of deregulatory actions weakening or dismantling protections governing power plants1 vehicles1 methane pollution1 hazardous air pollutants1 greenhouse gas reporting1 and environmental justice programs2 7#c7 the actions described in paragraph 7#b7 include delays or repeals of standards addressing-- 7,a7 greenhouse gas emissions from fossil fuel-fired power plants2 7,b7 methane and volatile organic compound pollution from oil and gas operations2 7,c7 mercury and air toxics standards2 7,d7 national ambient air quality standards under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 for particulate matter2 7,e7 greenhouse gas reporting program requirements2 and 7,f7 vehicle emissions standards2 7#d7 the ,environmental ,protection ,agency has repealed the finding under section #bjb7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba7;a77 that greenhouse gases may reasonably be anticipated to endanger public health or welfare despite overwhelming scientific consensus1 and1 by that repeal1 the ,environmental ,protection ,agency has-- 7,a7 threatened the legal foundation for ,federal limits on greenhouse gas pollution from vehicles1 power plants1 and industrial sources2 and 7,b7 undermined the core statutory obligation of the ,environmental ,protection ,agency to protect human health and the environment2 7#e7 the ,environmental ,protection ,agency has further reduced enforcement activity1 dismantled scientific advisory bodies1 eliminated environmental justice programs1 and ceased consideration of the social cost of carbon1 undermining science-based policymaking and community protections2 7#f7 the actions of the ,environmental ,protection ,agency described in paragraphs 7#b7 through 7#e7 are contrary to existing law and congressional directives1 including requirements under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7#g7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 requires ,states to develop ,state implementation plans1 and the actions of the ,environmental ,protection ,agency to prevent ,states from implementing those plans and protecting the citizens of those ,states from public health harms are in direct conflict with the requirements of that ,act2 7#h7 ,states have a right to protect their citizens from environmental harms2 7#i7 the actions described in this section threaten public health1 accelerate climate change1 expose communities to toxic pollution1 and violate the statutory duties of the ,environmental ,protection ,agency2 and 7#aj7 ,congress has both the authority and obligation to ensure that ,federal agencies faithfully execute the law4 #c4 ,restoration of core environmental protections 7a7 ,immediate reinstatement ,not later than #fj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this ,act as the ,administrator7 shall reinstate1 in full force and effect1 all regulations1 guidance1 and enforcement programs in effect on ,january #ai1 #bjbe1 relating to-- 7#a7 greenhouse gas emissions from electric generating units under subpart ,,tttt of part #fj of title #dj1 ,code of ,federal ,regulations2 7#b7 methane emissions and volatile organic compounds from oil and gas sources under subparts ,o,o,o,ob and ,o,o,o,oc of part #fj of title #dj1 ,code of ,federal ,regulations2 7#c7 the mercury and air toxics standard under subpart ,,uuuuu of part #fc of title #dj1 ,code of ,federal ,regulations2 7#d7 the greenhouse gas reporting program under part #ih of title #dj1 ,code of ,federal ,regulations2 7#e7 national emission standards for hazardous air pollutants under part #fc of title #dj1 ,code of ,federal ,regulations2 7#f7 national ambient air quality standards for ,,pm#b4e under parts #ej1 #ec1 and #eh of title #dj1 ,code of ,federal ,regulations2 and 7#g7 vehicle greenhouse gas emissions standards for light-duty1 medium-duty1 and heavy-duty vehicles under parts #hf1 #ajcf1 #ajcg1 #ajci1 #ajed1 and #ajfe of title #dj1 ,code of ,federal ,regulations4 7b7 ,prohibition on deregulatory delays ,neither the ,president1 the ,administrator1 nor any other ,federal official may delay1 suspend1 repeal1 weaken1 or grant exemptions to any regulation described in subsection 7a7 unless the modification is explicitly authorized by an ,act of ,congress4 #d4 ,protection of scientific integrity 7a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall reconstitute and fully staff the ,science ,advisory ,board and the ,clean ,air ,scientific ,advisory ,committee to ensure that members of the ,science ,advisory ,board and the ,clean ,air ,scientific ,advisory ,committee are not associated with regulated industries in a financial or advisory role4 7b7 ,requirement for regulatory decisions ,in making a regulatory decision1 the ,administrator shall base that decision on peer-reviewed science4 7c7 ,social cost of carbon 7#a7 ,in general ,the ,administrator shall restore the use of the social cost of carbon in all rulemakings affecting greenhouse gas emissions4 7#b7 ,discount rate2 value ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall1 with respect to the social cost of carbon1 restore-- 7,a7 the #b percent discount rate2 and 7,b7 the value for the social cost of carbon at #aij in #bjbj dollars per metric ton4 #e4 ,funding and enforcement requirements 7a7 ,minimum enforcement floor ,subject to the availability of appropriations1 funding and personnel for civil and criminal enforcement at the ,environmental ,protection ,agency shall remain at sufficient levels to ensure consistent enforcement of the programs described in section #c7;a74 7b7 ,annual enforcement report ,the ,administrator shall annually submit to ,congress a report that describes the inspections under1 violations of1 penalties assessed under1 and corrective actions taken under all environmental laws that are carried out in whole or in part by the ,administrator during the preceding calendar year4 7c7 ,authorization of appropriations ,in addition to any amounts authorized for programs of the ,environmental ,protection ,agency under any other law1 there are authorized to be appropriated to carry out the duties of the ,environmental ,protection ,agency #aj1iic1fec1jjj or such other sums as are needed to meet the requirement under subsection 7a7 for fiscal year #bjbg and each fiscal year thereafter1 as adjusted annually for inflation4 #f4 ,environmental justice restoration 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act and subject to the availability of appropriations1 the ,administrator shall restore and expand environmental justice programs eliminated or defunded after ,january #ai1 #bjbe4 7b7 ,priority ,in carrying out any applicable program of the ,environmental ,protection ,agency1 the ,administrator shall prioritize monitoring1 permitting oversight1 and enforcement under applicable environmental laws in communities experiencing disproportionate pollution burdens4 7c7 ,public health impact assessments ,in carrying out any rulemaking1 regulatory action1 or enforcement policy affecting air or water quality1 the ,administrator shall conduct and publish a public health impact assessment evaluating impacts of that rulemaking1 regulatory action1 or enforcement policy on mortality1 respiratory illness1 cardiovascular disease1 and cumulative exposure burdens4 7d7 ,cumulative impacts and transparency ,the ,administrator shall-- 7#a7 incorporate cumulative impacts analysis into regulatory and permitting decisions2 and 7#b7 annually publish a report describing pollution trends1 enforcement actions taken by the ,administrator1 and progress in reducing health disparities during the preceding calendar year4 #g4 ,judicial review 7a7 ,private cause of action ,any person adversely affected by the failure of the ,administrator to comply with this ,act may bring a civil action in an appropriate district court of the ,united ,states4 7b7 ,relief 7#a7 ,in general ,a district court of the ,united ,states may compel the ,administrator to comply with this ,act4 7#b7 ,attorney's fees ,if a civil action brought under subsection 7a7 results in a court finding that the ,administrator did not comply with this ,act1 the court may award reasonable attorney's fees4 #h4 ,preservation of authority ,nothing in this ,act-- 7#a7 limits the authority of a ,state to adopt or enforce environmental standards that are more protective than a similar standard under ,federal law2 or 7#b7 limits or in any way affects any rights that a person1 a class of persons1 or a ,state may have-- 7,a7 to petition the ,administrator to take non-discretionary action under any ,federal law2 or 7,b7 to pursue nuisance claims under common law4