[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2434 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2434
To require Federal agencies to address environmental justice, to
require consideration of cumulative impacts in certain permitting
decisions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2021
Mr. Ruiz introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Natural Resources, Transportation and Infrastructure, and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require Federal agencies to address environmental justice, to
require consideration of cumulative impacts in certain permitting
decisions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Act of 2021''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to require Federal agencies to address and eliminate
the disproportionate environmental and human health impacts on
populations of color, communities of color, indigenous
communities, and low-income communities;
(2) to ensure that all Federal agencies develop and enforce
rules, regulations, guidance, standards, policies, plans, and
practices that promote environmental justice;
(3) to increase cooperation and require coordination among
Federal agencies in achieving environmental justice;
(4) to provide to communities of color, indigenous
communities, and low-income communities meaningful access to
public information and opportunities for participation in
decision making affecting human health and the environment;
(5) to mitigate the inequitable distribution of the burdens
and benefits of Federal programs having significant impacts on
human health and the environment;
(6) to require consideration of cumulative impacts in
permitting decisions;
(7) to clarify congressional intent to afford rights of
action pursuant to certain statutes and common law claims; and
(8) to allow a private right of action under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to
challenge discriminatory practices.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community of color.--The term ``community of color''
means any geographically distinct area the population of color
of which is higher than the average population of color of the
State in which the community is located.
(3) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis on
the democratization of science and the engagement of diverse
people and communities.
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the 17 Principles of Environmental Justice
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working
Group; and
(B) any other Federal agency that carries out a
Federal program or activity that substantially affects
human health or the environment, as determined by the
President.
(6) Fenceline community.--The term ``fenceline community''
means a population living in close proximity to a source of
pollution.
(7) Indigenous community.--The term ``indigenous
community'' means--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people,
including communities in other countries.
(8) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used to
effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local businesses.
(9) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(10) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with low income.
(11) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions regarding a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public accurate information; and
(ii) facilitates the involvement of
potentially affected members of the public.
(12) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another non-White race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(13) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet
and in public libraries; and
(B) accessible for--
(i) individuals who are limited in English
proficiency, in accordance with Executive Order
13166 (65 Fed. Reg. 50121 (August 16, 2000));
and
(ii) individuals with disabilities.
(14) Working group.--The term ``Working Group'' means the
interagency Federal Working Group on Environmental Justice
convened under section 1-102 of Executive Order 12898 (42
U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed.
Reg. 6381 (January 30, 1995)) and modified by section 4.
SEC. 4. INTERAGENCY FEDERAL WORKING GROUP ON ENVIRONMENTAL JUSTICE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall convene, as appropriate to carry
out this section, the Working Group.
(b) Requirements.--
(1) Composition.--The Working Group shall be comprised of
the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental
Justice.
(N) The Chairman of the Consumer Product Safety
Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and
Budget.
(Q) The Director of the Office of Science and
Technology Policy.
(R) The Chair of the Council on Environmental
Quality.
(S) The Assistant to the President for Domestic
Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic
Advisers.
(V) Such other Federal officials as the President
may designate.
(2) Functions.--The Working Group shall--
(A) report to the President through the Chair of
the Council on Environmental Quality and the Assistant
to the President for Domestic Policy;
(B) provide guidance to Federal agencies regarding
criteria for identifying disproportionately high and
adverse human health or environmental effects--
(i) on populations of color, communities of
color, indigenous communities, and low-income
communities; and
(ii) on the basis of race, color, national
origin, or income;
(C) coordinate with, provide guidance to, and serve
as a clearinghouse for, each Federal agency with
respect to the implementation and updating of an
environmental justice strategy required under this Act,
in order to ensure that the administration,
interpretation, and enforcement of programs,
activities, and policies are carried out in a
consistent manner;
(D) assist in coordinating research by, and
stimulating cooperation among, the Environmental
Protection Agency, the Department of Health and Human
Services, the Department of Housing and Urban
Development, and other Federal agencies conducting
research or other activities in accordance with this
Act;
(E) identify, based in part on public
recommendations contained in Federal agency progress
reports, important areas for Federal agencies to take
into consideration and address, as appropriate, in
environmental justice strategies and other efforts;
(F) assist in coordinating data collection and
maintaining and updating appropriate databases, as
required by this Act;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit
public participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation
among Federal agencies.
(3) Public participation.--The Working Group shall--
(A) hold public meetings or otherwise solicit
public participation and community-based science for
the purpose of fact-finding with respect to the
implementation of this Act; and
(B) prepare for public review and publish a summary
of any comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 5. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health or
environmental effects of the programs, policies, and activities
of the Federal agency on populations of color, communities of
color, indigenous communities, and low-income communities in
the United States (including the territories and possessions of
the United States and the District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or subjecting
any individual or group to discrimination under, the program,
policy, or activity because of race, color, or national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency
shall implement and update, not less frequently than
annually, an agencywide environmental justice strategy
that identifies disproportionally high and adverse
human health or environmental effects of the programs,
policies, spending, and other activities of the Federal
agency with respect to populations of color,
communities of color, indigenous communities, and low-
income communities, including, as appropriate for the
mission of the Federal agency, with respect to the
following areas:
(i) Implementation of the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(ii) Implementation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) (including regulations promulgated
pursuant to that title).
(iii) Implementation of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of
infrastructure, or from deteriorated
infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change.
(vii) Impacts from commercial
transportation.
(B) Revisions.--
(i) In general.--Each strategy developed
and updated pursuant to subparagraph (A) shall
identify programs, policies, planning and
public participation processes, rulemaking,
agency spending, and enforcement activities
relating to human health or the environment
that may be revised, at a minimum--
(I) to promote enforcement of all
health, environmental, and civil rights
laws and regulations in areas
containing populations of color,
communities of color, indigenous
communities, and low-income
communities;
(II) to ensure greater public
participation;
(III) to provide increased access
to infrastructure;
(IV) to improve research and data
collection relating to the health and
environment of populations of color,
communities of color, indigenous
communities, and low-income
communities, including through the
increased use of community-based
science; and
(V) to identify differential
patterns of use of natural resources
among populations of color, communities
of color, indigenous communities, and
low-income communities.
(ii) Timetables.--Each strategy implemented
and updated pursuant to subparagraph (A) shall
include a timetable for undertaking revisions
identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, each
Federal agency shall submit to Congress and the Working
Group, and shall publish, a progress report that
includes, with respect to the period covered by the
report--
(i) a description of the current
environmental justice strategy of the Federal
agency;
(ii) an evaluation of the progress made by
the Federal agency at national and regional
levels regarding implementation of the
environmental justice strategy, including--
(I) metrics used by the Federal
agency to measure performance; and
(II) the progress made by the
Federal agency toward--
(aa) the achievement of the
metrics described in subclause
(I); and
(bb) mitigating identified
instances of environmental
injustice;
(iii) a description of the participation by
the Federal agency in interagency
collaboration;
(iv) responses to recommendations submitted
by members of the public to the Federal agency
relating to the environmental justice strategy
of the Federal agency and the implementation by
the Federal agency of this Act; and
(v) any updates or revisions to the
environmental justice strategy of the Federal
agency, including those resulting from public
comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for
the public to submit comments and recommendations
relating to the environmental justice strategy,
progress reports, and ongoing efforts of the Federal
agency to incorporate environmental justice principles
into the programs, policies, and activities of the
Federal agency;
(B) hold public meetings or otherwise solicit
public participation and community-based science from
populations of color, communities of color, indigenous
communities, and low-income communities for fact-
finding, receiving public comments, and conducting
inquiries concerning environmental justice; and
(C) prepare for public review and publish a summary
of the comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of
the Federal agency that affect human health or the
environment; and
(B) translate and publish any public documents,
notices, and hearings relating to an action of the
Federal agency as appropriate for the affected
population, specifically in any case in which a limited
English-speaking population may be disproportionately
affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--
Notwithstanding any other provision of law, sections II
and III of the guidance issued by the Council on
Environmental Quality entitled ``Environmental Justice
Guidance Under the National Environmental Policy Act''
and dated December 10, 1997, are enacted into law.
(B) Environmental protection agency.--
Notwithstanding any other provision of law, the
guidance issued by the Environmental Protection Agency
entitled ``EPA Policy on Consultation and Coordination
with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights'' and dated February 2016 is enacted into
law.
(b) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health
research, include diverse segments of the population in
epidemiological and clinical studies, including
segments at high risk from environmental hazards, such
as--
(i) populations of color, communities of
color, indigenous communities, populations with
low income, and low-income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to
substantial environmental hazards;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures;
and
(C) actively encourage and solicit community-based
science, and provide to populations of color,
communities of color, indigenous communities,
populations with low income, and low-income communities
the opportunity to comment regarding the development
and design of research strategies carried out pursuant
to this Act.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, or income; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally high and adverse human
health or environmental effects on populations of
color, communities of color, indigenous communities,
and low-income communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency strategies
under subsection (a)(3), each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall
collect, maintain, and analyze information relating to the
race, national origin, and income level, and other readily
accessible and appropriate information, for fenceline
communities in proximity to any facility or site expected to
have a substantial environmental, human health, or economic
effect on the surrounding populations, if the facility or site
becomes the subject of a substantial Federal environmental
administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for fenceline
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall continue
to make available to the public an environmental justice mapping and
screening tool (such as EJScreen or an equivalent tool) that includes,
at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(e) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal governments.
SEC. 6. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The establishment by the Administrator on
September 30, 1993, by charter pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.) of the National Environmental Justice
Advisory Council (referred to in this section as the ``Advisory
Council'') is enacted into law.
(b) Duties.--The Advisory Council may carry out such duties as were
carried out by the Advisory Council on the day before the date of
enactment of this Act, subject to modification by the Administrator, by
regulation.
(c) Membership.--The membership of the Advisory Council shall--
(1) be determined and appointed in accordance with, as
applicable--
(A) the charter described in subsection (a) (or any
subsequent amendment or revision of that charter); or
(B) other appropriate bylaws or documents of the
Advisory Council, as determined by the Administrator;
and
(2) continue in effect as in existence on the day before
the date of enactment of this Act until modified in accordance
with paragraph (1).
(d) Designated Federal Officer.--The Director of the Office of
Environmental Justice of the Environmental Protection Agency is
designated as the Federal officer required under section 10(e) of the
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory
Council.
(e) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Designated federal officer.--The designated Federal
officer described in subsection (d) (or a designee) shall--
(A) be present at each meeting of the Advisory
Council;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
designated Federal officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Advisory Council; or
(ii) to make statements at such a meeting,
to the extent that time permits;
(D) ensure that a representative of the Working
Group and a high-level representative from each
regional office of the Environmental Protection Agency
are invited to, and encouraged to attend, each meeting
of the Advisory Council; and
(E) provide technical assistance to States seeking
to establish State-level environmental justice advisory
councils or implement other environmental justice
policies or programs.
(f) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(g) Travel Expenses.--A member of the Advisory Council may be
allowed travel expenses, including per diem in lieu of subsistence, at
such rate as the Administrator determines to be appropriate while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
(h) Duration.--The Advisory Council shall remain in existence
unless otherwise provided by law.
SEC. 7. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry out the
Environmental Justice Small Grants Program and the Environmental
Justice Collaborative Problem-Solving Cooperative Agreement Program, as
those programs are in existence on the date of enactment of this Act.
(b) CARE Grants.--The Administrator shall continue to carry out the
Community Action for a Renewed Environment grant programs I and II, as
in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsections (a) and
(b) $10,000,000 for each of fiscal years 2022 through 2031.
SEC. 8. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS
IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge, considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed
if, with respect to an application for the permit, the State
determines, based on an analysis by the State of existing water
quality and the potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C. 7661)) of the
discharge, considered in conjunction with the designated and
actual uses of the impacted navigable water, that the terms and
conditions of the permit or renewal would not be sufficient to
ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure, public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and socioeconomic factors, where
applicable.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or renewed, as
applicable, if--
``(i) with respect to an application for a permit
or renewal of a permit for a major source, the
permitting authority determines under paragraph
(9)(A)(i)(II)(bb) that the terms and conditions of the
permit or renewal would not be sufficient to ensure a
reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation, of the applicable census
tracts or Tribal census tracts (as those terms are
defined by the Director of the Bureau of the Census);
or
``(ii) the Administrator objects to the issuance of
the permit in a timely manner under this title.''; and
(B) in paragraph (9)--
(i) in the fourth sentence, by striking
``Such permit revision'' and inserting the
following:
``(iii) Treatment as renewal.--A permit
revision under this paragraph'';
(ii) in the third sentence, by striking
``No such revision shall'' and inserting the
following:
``(ii) Exception.--A revision under this
paragraph shall not'';
(iii) in the second sentence, by striking
``Such revisions'' and inserting the following:
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii)''; and
(iv) by striking the paragraph designation
and all that follows through ``shall require''
in the first sentence and inserting the
following:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the proposed
major source, as described in the
applicable cumulative impacts analysis
submitted under section 503(b)(3);
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census tracts or Tribal census
tracts (as those terms are defined by
the Director of the Bureau of the
Census) located in, or immediately
adjacent to, the area in which the
major source is, or is proposed to be,
located--
``(aa) include in the
permit or renewal such terms
and conditions (including
additional controls or
pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no
harm; or
``(bb) if the permitting
authority determines that terms
and conditions described in
item (aa) would not be
sufficient to ensure a
reasonable certainty of no
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
Environmental Justice Act of 2021;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (V)(bb)--
``(aa) require the
applicant to submit a
redemption plan that
describes--
``(AA) if the
applicant is not in
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the
redemption plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a
redemption plan is submitted,
determine whether the plan is
adequate to ensuring that the
applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the
redemption plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the redemption plan
submitted under subclause
(IV)(aa) is inadequate; or
``(bb)(AA) the applicant
has submitted a redemption plan
on a prior occasion, but
continues to be a persistent
violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require in
accordance with subparagraph (B).''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major source analyses.--The regulations required by
section 502(b) shall include a requirement that an applicant
for a permit or renewal of a permit for a major source shall
submit, together with the compliance plan required under this
subsection, a cumulative impacts analysis for each census tract
or Tribal census tract (as those terms are defined by the
Director of the Bureau of the Census) located in, or
immediately adjacent to, the area in which the major source is,
or is proposed to be, located that analyzes--
``(A) community demographics and locations of
community exposure points, such as schools, day care
centers, nursing homes, hospitals, health clinics,
places of religious worship, parks, playgrounds, and
community centers;
``(B) air quality and the potential effect on that
air quality of emissions of air pollutants (including
pollutants listed under section 108 or 112) from the
proposed major source, including in combination with
existing sources of pollutants;
``(C) the potential effects on soil quality and
water quality of emissions of lead and other air
pollutants that could contaminate soil or water from
the proposed major source, including in combination
with existing sources of pollutants; and
``(D) public health and any potential effects on
public health of the proposed major source.''.
SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW CLAIMS.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended by adding at the end the following:
``(i) Effect on Implied Rights of Action and Common Law Claims.--
``(1) Definition of covered act.--In this subsection:
``(A) In general.--The term `covered Act' means--
``(i) this Act;
``(ii) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
``(iii) the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.);
``(iv) the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.);
``(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
``(vi) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(vii) the Clean Air Act (42 U.S.C. 7401
et seq.);
``(viii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
``(ix) any other Act administered by the
Administrator.
``(B) Inclusions.--The term `covered Act' includes
any provision of an Act described in subparagraph (A)
the date of enactment of which is after the date of
enactment of this subsection, unless that provision is
specifically excluded from this subsection.
``(2) Effect.--Nothing in a covered Act precludes the right
to bring an action--
``(A) under section 1979 of the Revised Statutes
(42 U.S.C. 1983); or
``(B) that is implied under--
``(i) a covered Act; or
``(ii) common law.
``(3) Application.--Nothing in this section precludes the
right to bring an action under any provision of law that is not
a covered Act.''.
SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINATORY PRACTICES.
(a) Right of Action.--Section 602 of the Civil Rights Act of 1964
(42 U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure of a covered entity to
comply with this title, including any regulation promulgated pursuant
to this title, may bring a civil action in any Federal or State court
of competent jurisdiction to enforce such person's rights under this
title.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 11. SEVERABILITY.
If any provision of this Act, or the application of such a
provision to any person or circumstance, is determined to be invalid,
the remainder of this Act and the application of the provision to other
persons or circumstances shall not be affected.
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