Environmental Health Act

Environmental Health Act - Provides that in any proceeding requesting equitable relief pursuant to any statute administered by the Administrator of the Environmental Protection Agency, or instituted at the request of the Administrator, other than a suit for review of a Federal administrative action, a showing by a party that any person is engaging in a course of conduct of discharging, emitting, or manufacturing any substance, where such conduct presents a reasonable risk of being a threat to public health, shall give rise to a rebuttable presumption that a threat to public health exists warranting the granting of such equitable relief as is deemed appropriate to protect the public against such threat.

Provides that where a showing is made giving rise to a presumption pursuant to this Act, the person engaging in such course of conduct of discharging, emitting, or manufacturing shall have the burden of proving: (1) that in fact no threat to public health exists or that the risk of any such threat is negligible; or (2) that the physical and economic considerations in favor of such course of conduct outweigh all costs incident to the conduct, including any possible threat to public health.