[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4592 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4592
To establish a Federal program of cumulative impact assessments under
the Clean Water Act and Clean Air Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2023
Ms. Tlaib introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Transportation and Infrastructure, 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 establish a Federal program of cumulative impact assessments under
the Clean Water Act and Clean Air Act, 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 ``Cumulative Impacts Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) All Americans, regardless of income, race, ethnicity,
color, national origin, gender, or sexual identity, deserve to
live in clean and healthy communities free from the burdens of
environmental pollution and degradation.
(2) Communities of color and lower-income communities have
historically been subjected to disproportionate amounts of air,
water, and soil pollution, including pollution from numerous
and concentrated industrial, commercial, and governmental
facilities located in those communities.
(3) As a result, residents of these overburdened
communities have suffered from increased adverse health risks,
including asthma, cancer, elevated blood lead levels,
respiratory illnesses, cardiovascular disease, and
developmental disorders. Children are most vulnerable to the
effects of pollution and can suffer lifelong consequences. The
adverse effects of pollution harm the well-being and stability
of these communities and their residents.
(4) These disproportionate burdens have been the
consequence of policy decisions at all levels of government
over many years, and government now has the responsibility and
moral imperative to correct these injustices.
(5) No community should bear a disproportionate share of
the adverse environmental and public health impacts of
pollution caused by economic or any other activity.
(6) Overburdened communities should be empowered legally
and politically to participate in any decision to allow
additional facilities which by their nature increase
environmental and public health stressors to locate in their
communities.
(7) It is in the public interest to limit the future
placement and expansion of such facilities in overburdened
communities.
(8) The burden of proof that a proposed action will not
harm communities should fall on polluting industries and on the
Federal Government in its regulatory role, not the communities
themselves.
(9) Pollutants currently regulated by the Federal
Government, including for example criteria air pollutants, may
have additive and synergistic negative effects on human health
and the environment when combined.
(10) Cumulative impacts are the public health and
environmental risks and impacts caused by the combined past,
present, and reasonably foreseeable future releases of
environmental pollution in a specific geographic area.
Cumulative impact assessment considers sensitive populations
and other social factors that may heighten vulnerability to
environmental pollution and associated health risks.
(11) Cumulative impact assessments built into permitting
decisions are one critical tool for preventing increased
environmental and public health degradation in overburdened
communities. At its most basic, cumulative impact assessment
requires studying the impacts of having multiple pollution
sources and stressors combined together on public health and
the environment. While the effects of a single pollutant from a
single source may be less significant when analyzed in
isolation, the cumulative impacts of multiple pollutants from
multiple sources in combination with each other and with other
social vulnerabilities degrade public health and the
environment substantially. Cumulative impact assessments should
be incorporated into pollution permitting decisions such that
Federal regulators are required to deny permits that threaten
public health and the environment.
(12) The general failure of the Federal Government to
consider and regulate potential cumulative impacts in pollution
permitting decisions has resulted in the inequitable
distribution of pollution across regions and overburdening of
certain communities.
(13) Federal Government inaction has forced some State and
local governments to act on their own to regulate cumulative
impacts, including California and New Jersey, creating a
patchwork of cumulative impact regulations across the country.
(14) The Federal Government is aware of the importance of
cumulative impact assessment in other types of environmental
review, such as with environmental assessments conducted under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(15) The Federal Government should adopt and operationalize
cumulative impact assessment in all pollution permitting
decisions, especially in overburdened communities, and should
deny permits that create a reasonable certainty of harm to
communities.
SEC. 3. 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 to a public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission, discharge, 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 other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic
characteristics.''.
(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 block groups or Tribal census
block groups (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) by striking paragraph (9) 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 major source,
as described in the applicable
cumulative impacts analysis submitted
under section 503(b)(3), taking into
consideration other pollution sources
and risk factors within a community;
``(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 block groups or Tribal
census block groups (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
standards and requirements
(including additional controls
or pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no such
harm; or
``(bb) if the permitting
authority determines that
standards and requirements
described in item (aa) would
not be sufficient to ensure a
reasonable certainty of no such
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
Cumulative Impacts Act of 2023;
``(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 (II)(bb)--
``(aa) require the
applicant to submit a 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 plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a 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 plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the plan submitted
under subclause (IV)(aa) is
inadequate; or
``(bb)(AA) the applicant
has submitted a 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 permit
revisions in accordance with subparagraph (B).
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii) shall occur as
expeditiously as practicable and consistent
with the procedures established under paragraph
(6) but not later than 18 months after the
promulgation of such standards and regulations.
``(ii) Exception.--A revision under this
paragraph shall not be required if the
effective date of the standards or regulations
is a date after the expiration of the permit
term.
``(iii) Treatment as renewal.--A permit
revision under this paragraph shall be treated
as a permit renewal if it complies with the
requirements of this title regarding
renewals.''.
(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 block group or Tribal census block group (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 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 major source,
including in combination with existing sources of pollutants;
and
``(D) public health and any potential effects on public
health from the major source.''.
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