,i #aafth ,,congress #ast ,session ,h4 ,r4 #cibc ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjai,mr4 ,ruiz introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,natural ,resources1 ,transportation and ,infrastructure1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 justice1 to require consideration of cumulative impacts in certain permitting decisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,environmental ,justice ,act of #bjai4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to require ,federal agencies to address and eliminate the disproportionate environmental and human health impacts on populations of color1 communities of color1 indigenous communities1 and low-income communities2 7#b7 to ensure that all ,federal agencies develop and enforce rules1 regulations1 guidance1 standards1 policies1 plans1 and practices that promote environmental justice2 7#c7 to increase cooperation and require coordination among ,federal agencies in achieving environmental justice2 7#d7 to provide to communities of color1 indigenous communities1 and low-income communities meaningful access to public information and opportunities for participation in decision making affecting human health and the environment2 7#e7 to mitigate the inequitable distribution of the burdens and benefits of ,federal programs having significant impacts on human health and the environment2 7#f7 to require consideration of cumulative impacts in permitting decisions2 7#g7 to clarify congressional intent to afford rights of action pursuant to certain statutes and common law claims2 and 7#h7 to allow a private right of action under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 to challenge discriminatory practices4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,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 located4 7#c7 ,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 questions1 conducting scientific experiments1 collecting and analyzing data1 interpreting results1 making new discoveries1 developing technologies and applications1 and solving complex problems1 with an emphasis on the democratization of science and the engagement of diverse people and communities4 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 populations of color1 communities of color1 indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning1 regulations1 and enforcement2 7,b7 no population of color or community of color1 indigenous community1 or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards2 and 7,c7 the #ag ,principles of ,environmental ,justice written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#e7 ,federal agency ,the term ,federal agency means-- 7,a7 each ,federal agency represented on the ,working ,group2 and 7,b7 any other ,federal agency that carries out a ,federal program or activity that substantially affects human health or the environment1 as determined by the ,president4 7#f7 ,fenceline community ,the term fenceline community means a population living in close proximity to a source of pollution4 7#g7 ,indigenous community ,the term indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of indigenous people1 including communities in other countries4 7#h7 ,infrastructure ,the term infrastructure means any system for safe drinking water1 sewer collection1 solid waste disposal1 electricity generation1 communication1 or transportation access 7including highways1 airports1 marine terminals1 rail systems1 and residential roads7 that is used to effectively and safely support-- 7,a7 housing2 7,b7 an educational facility2 7,c7 a medical provider2 7,d7 a park or recreational facility2 or 7,e7 a local businesses4 7#i7 ,low income ,the term low income means an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#aj7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with low income4 7#aa7 ,meaningful ,the term meaningful1 with respect to involvement by the public in a determination by a ,federal agency1 means that-- 7,a7 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 community2 7,b7 the public contribution can influence the determination by the ,federal agency2 7,c7 the concerns of all participants involved are taken into consideration in the decision-making process2 and 7,d7 the ,federal agency-- 7i7 provides to potentially affected members of the public accurate information2 and 7ii7 facilitates the involvement of potentially affected members of the public4 7#ab7 ,population of color ,the term population of color means a population of individuals who identify as-- 7,a7 ,black2 7,b7 ,african ,american2 7,c7 ,asian2 7,d7 ,pacific ,islander2 7,e7 another non,white race2 7,f7 ,hispanic2 7,g7 ,latino2 or 7,h7 linguistically isolated4 7#ac7 ,publish ,the term publish means to make publicly available in a form that is-- 7,a7 generally accessible1 including on the internet and in public libraries2 and 7,b7 accessible for-- 7i7 individuals who are limited in ,english proficiency1 in accordance with ,executive ,order #acaff 7#fe ,fed4 ,reg4 #ejaba 7,august #af1 #bjjj772 and 7ii7 individuals with disabilities4 7#ad7 ,working ,group ,the term ,working ,group means the interagency ,federal ,working ,group on ,environmental ,justice convened under section #a-ajb of ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note71 as amended by ,executive ,order #abidh 7#fj ,fed4 ,reg4 #fcha 7,january #cj1 #aiie77 and modified by section #d4 #d4 ,interagency ,federal ,working ,group on ,environmental ,justice 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall convene1 as appropriate to carry out this section1 the ,working ,group4 7b7 ,requirements 7#a7 ,composition ,the ,working ,group shall be comprised of the following 7or a designee73 7,a7 ,the ,secretary of ,agriculture4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,defense4 7,d7 ,the ,secretary of ,energy4 7,e7 ,the ,secretary of ,health and ,human ,services4 7,f7 ,the ,secretary of ,homeland ,security4 7,g7 ,the ,secretary of ,housing and ,urban ,development4 7,h7 ,the ,secretary of the ,interior4 7,i7 ,the ,secretary of ,labor4 7,j7 ,the ,secretary of ,transportation4 7,k7 ,the ,attorney ,general4 7,l7 ,the ,administrator4 7,m7 ,the ,director of the ,office of ,environmental ,justice4 7,n7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7,o7 ,the ,chairperson of the ,chemical ,safety ,board4 7,p7 ,the ,director of the ,office of ,management and ,budget4 7,q7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,r7 ,the ,chair of the ,council on ,environmental ,quality4 7,s7 ,the ,assistant to the ,president for ,domestic ,policy4 7,t7 ,the ,director of the ,national ,economic ,council4 7,u7 ,the ,chairman of the ,council of ,economic ,advisers4 7,v7 ,such other ,federal officials as the ,president may designate4 7#b7 ,functions ,the ,working ,group shall-- 7,a7 report to the ,president through the ,chair of the ,council on ,environmental ,quality and the ,assistant to the ,president for ,domestic ,policy2 7,b7 provide guidance to ,federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects-- 7i7 on populations of color1 communities of color1 indigenous communities1 and low-income communities2 and 7ii7 on the basis of race1 color1 national origin1 or income2 7,c7 coordinate with1 provide guidance to1 and serve as a clearinghouse for1 each ,federal agency with respect to the implementation and updating of an environmental justice strategy required under this ,act1 in order to ensure that the administration1 interpretation1 and enforcement of programs1 activities1 and policies are carried out in a consistent manner2 7,d7 assist in coordinating research by1 and stimulating cooperation among1 the ,environmental ,protection ,agency1 the ,department of ,health and ,human ,services1 the ,department of ,housing and ,urban ,development1 and other ,federal agencies conducting research or other activities in accordance with this ,act2 7,e7 identify1 based in part on public recommendations contained in ,federal agency progress reports1 important areas for ,federal agencies to take into consideration and address1 as appropriate1 in environmental justice strategies and other efforts2 7,f7 assist in coordinating data collection and maintaining and updating appropriate databases1 as required by this ,act2 7,g7 examine existing data and studies relating to environmental justice2 7,h7 hold public meetings and otherwise solicit public participation under paragraph 7#c72 and 7,i7 develop interagency model projects relating to environmental justice that demonstrate cooperation among ,federal agencies4 7#c7 ,public participation ,the ,working ,group shall-- 7,a7 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 ,act2 and 7,b7 prepare for public review and publish a summary of any comments and recommendations provided4 7c7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 #e4 ,federal agency actions to address environmental justice 7a7 ,federal agency responsibilities 7#a7 ,environmental justice mission ,to the maximum extent practicable and permitted by applicable law1 each ,federal agency shall make achieving environmental justice part of the mission of the ,federal agency by identifying1 addressing1 and mitigating disproportionately high and adverse human health or environmental effects of the programs1 policies1 and activities of the ,federal agency on populations of color1 communities of color1 indigenous communities1 and low-income communities in the ,united ,states 7including the territories and possessions of the ,united ,states and the ,district of ,columbia74 7#b7 ,nondiscrimination ,each ,federal agency shall conduct any program1 policy1 or activity that substantially affects human health or the environment in a manner that ensures that the program1 policy1 or activity does not have the effect of excluding any individual or group from participation in1 denying any individual or group the benefits of1 or subjecting any individual or group to discrimination under1 the program1 policy1 or activity because of race1 color1 or national origin4 7#c7 ,strategies 7,a7 ,agencywide strategies ,each ,federal agency shall implement and update1 not less frequently than annually1 an agencywide environmental justice strategy that identifies disproportionally high and adverse human health or environmental effects of the programs1 policies1 spending1 and other activities of the ,federal agency with respect to populations of color1 communities of color1 indigenous communities1 and low-income communities1 including1 as appropriate for the mission of the ,federal agency1 with respect to the following areas3 7i7 ,implementation of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,implementation of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7including regulations promulgated pursuant to that title74 7iii7 ,implementation of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7iv7 ,impacts from the lack of infrastructure1 or from deteriorated infrastructure4 7v7 ,impacts from land use4 7vi7 ,impacts from climate change4 7vii7 ,impacts from commercial transportation4 7,b7 ,revisions 7i7 ,in general ,each strategy developed and updated pursuant to subparagraph 7,a7 shall identify programs1 policies1 planning and public participation processes1 rulemaking1 agency spending1 and enforcement activities relating to human health or the environment that may be revised1 at a minimum-- 7,i7 to promote enforcement of all health1 environmental1 and civil rights laws and regulations in areas containing populations of color1 communities of color1 indigenous communities1 and low-income communities2 7,,ii7 to ensure greater public participation2 7,,iii7 to provide increased access to infrastructure2 7,,iv7 to improve research and data collection relating to the health and environment of populations of color1 communities of color1 indigenous communities1 and low-income communities1 including through the increased use of community-based science2 and 7,v7 to identify differential patterns of use of natural resources among populations of color1 communities of color1 indigenous communities1 and low-income communities4 7ii7 ,timetables ,each strategy implemented and updated pursuant to subparagraph 7,a7 shall include a timetable for undertaking revisions identified pursuant to clause 7i74 7,c7 ,progress reports ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 each ,federal agency shall submit to ,congress and the ,working ,group1 and shall publish1 a progress report that includes1 with respect to the period covered by the report-- 7i7 a description of the current environmental justice strategy of the ,federal agency2 7ii7 an evaluation of the progress made by the ,federal agency at national and regional levels regarding implementation of the environmental justice strategy1 including-- 7,i7 metrics used by the ,federal agency to measure performance2 and 7,,ii7 the progress made by the ,federal agency toward-- 7aa7 the achievement of the metrics described in subclause 7,i72 and 7bb7 mitigating identified instances of environmental injustice2 7iii7 a description of the participation by the ,federal agency in interagency collaboration2 7iv7 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 ,act2 and 7v7 any updates or revisions to the environmental justice strategy of the ,federal agency1 including those resulting from public comments4 7#d7 ,public participation ,each ,federal agency shall-- 7,a7 ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy1 progress reports1 and ongoing efforts of the ,federal agency to incorporate environmental justice principles into the programs1 policies1 and activities of the ,federal agency2 7,b7 hold public meetings or otherwise solicit public participation and community-based science from populations of color1 communities of color1 indigenous communities1 and low-income communities for fact-finding1 receiving public comments1 and conducting inquiries concerning environmental justice2 and 7,c7 prepare for public review and publish a summary of the comments and recommendations provided4 7#e7 ,access to information ,each ,federal agency shall-- 7,a7 publish public documents1 notices1 and hearings relating to the programs1 policies1 and activities of the ,federal agency that affect human health or the environment2 and 7,b7 translate and publish any public documents1 notices1 and hearings relating to an action of the ,federal agency as appropriate for the affected population1 specifically in any case in which a limited ,english-speaking population may be disproportionately affected by that action4 7#f7 ,codification of guidance 7,a7 ,council on ,environmental ,quality ,notwithstanding any other provision of law1 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 #aj1 #aiig1 are enacted into law4 7,b7 ,environmental ,protection ,agency ,notwithstanding any other provision of law1 the guidance issued by the ,environmental ,protection ,agency entitled ,,epa ,policy on ,consultation and ,coordination with ,indian ,tribes3 ,guidance for ,discussing ,tribal ,treaty ,rights and dated ,february #bjaf is enacted into law4 7b7 ,human health and environmental research1 data collection1 and analysis 7#a7 ,research ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall-- 7,a7 in conducting environmental or human health research1 include diverse segments of the population in epidemiological and clinical studies1 including segments at high risk from environmental hazards1 such as-- 7i7 populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities2 7ii7 fenceline communities2 and 7iii7 workers who may be exposed to substantial environmental hazards2 7,b7 in conducting environmental or human health analyses1 identify multiple and cumulative exposures2 and 7,c7 actively encourage and solicit community-based science1 and provide to populations of color1 communities of color1 indigenous communities1 populations with low income1 and low-income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this ,act4 7#b7 ,disproportionate impact ,to the maximum extent practicable and permitted by applicable law 7including section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act771 each ,federal agency shall-- 7,a7 collect1 maintain1 and analyze information assessing and comparing environmental and human health risks borne by populations identified by race1 national origin1 or income2 and 7,b7 use that information to determine whether the programs1 policies1 and activities of the ,federal agency have disproportionally high and adverse human health or environmental effects on populations of color1 communities of color1 indigenous communities1 and low-income communities4 7#c7 ,information relating to non-,federal facilities ,in connection with the implementation of ,federal agency strategies under subsection 7a77#c71 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility or site expected to have a substantial environmental1 human health1 or economic effect on the surrounding populations1 if the facility or site becomes the subject of a substantial ,federal environmental administrative or judicial action4 7#d7 ,impact from ,federal facilities ,each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall collect1 maintain1 and analyze information relating to the race1 national origin1 and income level1 and other readily accessible and appropriate information1 for fenceline communities in proximity to any facility of the ,federal agency that is-- 7,a7 subject to the reporting requirements under the ,emergency ,planning and ,community ,right-to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq471 as required by ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note72 and 7,b7 expected to have a substantial environmental1 human health1 or economic effect on surrounding populations4 7c7 ,consumption of fish and wildlife 7#a7 ,in general ,each ,federal agency shall develop1 publish 7unless prohibited by law71 and revise1 as practicable and appropriate1 guidance on actions of the ,federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence4 7#b7 ,requirement ,the guidance described in paragraph 7#a7 shall-- 7,a7 reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife2 and 7,b7 publish the risks of such consumption patterns4 7d7 ,mapping and screening tool ,the ,administrator shall continue to make available to the public an environmental justice mapping and screening tool 7such as ,e,j,screen or an equivalent tool7 that includes1 at a minimum1 the following features3 7#a7 ,nationally consistent data4 7#b7 ,environmental data4 7#c7 ,demographic data1 including data relating to race1 ethnicity1 and income4 7#d7 ,capacity to produce maps and reports by geographical area4 7e7 ,judicial review and rights of action ,any person may commence a civil action-- 7#a7 to seek relief from1 or to compel1 an agency action under this section 7including regulations promulgated pursuant to this section72 or 7#b7 otherwise to ensure compliance with this section 7including regulations promulgated pursuant to this section74 7f7 ,information sharing ,in carrying out this section1 each ,federal agency1 to the maximum extent practicable and permitted by applicable law1 shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among ,federal agencies and with ,state1 local1 and ,tribal governments4 #f4 ,national ,environmental ,justice ,advisory ,council 7a7 ,establishment ,the establishment by the ,administrator on ,september #cj1 #aiic1 by charter pursuant to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 of the ,national ,environmental ,justice ,advisory ,council 7referred to in this section as the ,advisory ,council7 is enacted into law4 7b7 ,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 ,act1 subject to modification by the ,administrator1 by regulation4 7c7 ,membership ,the membership of the ,advisory ,council shall-- 7#a7 be determined and appointed in accordance with1 as applicable-- 7,a7 the charter described in subsection 7a7 7or any subsequent amendment or revision of that charter72 or 7,b7 other appropriate bylaws or documents of the ,advisory ,council1 as determined by the ,administrator2 and 7#b7 continue in effect as in existence on the day before the date of enactment of this ,act until modified in accordance with paragraph 7#a74 7d7 ,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 #aj7;e7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 for the ,advisory ,council4 7e7 ,meetings 7#a7 ,in general ,the ,advisory ,council shall meet not less frequently than #c times each calendar year4 7#b7 ,open to public ,each meeting of the ,advisory ,council shall be held open to the public4 7#c7 ,designated ,federal officer ,the designated ,federal officer described in subsection 7d7 7or a designee7 shall-- 7,a7 be present at each meeting of the ,advisory ,council2 7,b7 ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated ,federal officer2 7,c7 provide an opportunity for interested persons-- 7i7 to file comments before or after each meeting of the ,advisory ,council2 or 7ii7 to make statements at such a meeting1 to the extent that time permits2 7,d7 ensure that a representative of the ,working ,group and a high-level representative from each regional office of the ,environmental ,protection ,agency are invited to1 and encouraged to attend1 each meeting of the ,advisory ,council2 and 7,e7 provide technical assistance to ,states seeking to establish ,state-level environmental justice advisory councils or implement other environmental justice policies or programs4 7f7 ,responses from ,administrator 7#a7 ,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 #abj days after the date of submission4 7#b7 ,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 #abj days after the date of submission4 7g7 ,travel expenses ,a member of the ,advisory ,council may be allowed travel expenses1 including per diem in lieu of subsistence1 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 ,council4 7h7 ,duration ,the ,advisory ,council shall remain in existence unless otherwise provided by law4 #g4 ,environmental justice grant programs 7a7 ,in general ,the ,administrator shall continue to carry out the ,environmental ,justice ,small ,grants ,program and the ,environmental ,justice ,collaborative ,problem-,solving ,cooperative ,agreement ,program1 as those programs are in existence on the date of enactment of this ,act4 7b7 ,,care grants ,the ,administrator shall continue to carry out the ,community ,action for a ,renewed ,environment grant programs ,i and ,,ii1 as in existence on ,january #a1 #bjab4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the programs described in subsections 7a7 and 7b7 #aj1jjj1jjj for each of fiscal years #bjbj through #bjbi4 #h4 ,consideration of cumulative impacts and persistent violations in certain permitting decisions 7a7 ,federal ,water ,pollution ,control ,act ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,except as in subsection 7a77#a7 and inserting the following3 #djb4 ,national pollutant discharge elimination system 7a7 ,permits issued by ,administrator 7#a7 ,in general ,except as 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking upon condition that such discharge will meet either 7,a7 all and inserting the following3 subject to the conditions that-- 7,a7 the discharge will achieve compliance with1 as applicable-- 7i7 all 2 7ii7 by striking #djc of this ,act1 or 7,b7 prior and inserting the following3 #djc2 or 7ii7 prior 2 and 7iii7 by striking this ,act4 and inserting the following3 this ,act2 and 7,b7 with respect to the issuance or renewal of the permit-- 7i7 based on an analysis by the ,administrator of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation2 or 7ii7 if the ,administrator determines that1 due to those potential cumulative impacts1 there does not exist a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 the permit or renewal includes such terms and conditions as the ,administrator determines to be necessary to ensure a reasonable certainty of no harm4 2 and 7,b7 in paragraph 7#b71 by striking assure compliance with the requirements of paragraph 7#a7 of this subsection1 including conditions on data and information collection1 reporting1 and such other requirements as he deems appropriate4 and inserting the following3 ensure compliance with the requirements of paragraph 7#a71 including-- 7,a7 conditions relating to-- 7i7 data and information collection2 7ii7 reporting2 and 7iii7 such other requirements as the ,administrator determines to be appropriate2 and 7,b7 additional controls or pollution prevention requirements4 2 and 7#c7 in subsection 7b7-- 7,a7 in each of paragraphs 7#a77;,d71 7#b77;,b71 and 7#c7 through 7#g71 by striking the semicolon at the end and inserting a period2 7,b7 in paragraph 7#h71 by striking 2 and at the end and inserting a period2 and 7,c7 by adding at the end the following3 7#aj7 ,to ensure that no permit will be issued or renewed if1 with respect to an application for the permit1 the ,state determines1 based on an analysis by the ,state of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge1 considered in conjunction with the designated and actual uses of the impacted navigable water1 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 population1 or to any potentially exposed or susceptible subpopulation4 4 7b7 ,clean ,air ,act 7#a7 ,definitions ,section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,as used in this title-- and inserting ,in this title32 7,b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#e71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cumulative impacts ,the term cumulative impacts means any exposure1 public health or environmental risk1 or other effect occurring in a specific geographical area1 including from an emission or release-- 7,a7 including-- 7i7 environmental pollution released-- 7,i7 7aa7 routinely2 7bb7 accidentally2 or 7cc7 otherwise2 and 7,,ii7 from any source1 whether single or multiple2 and 7ii7 as assessed based on the combined past1 present1 and reasonably foreseeable emissions and discharges affecting the geographical area2 and 7,b7 evaluated taking into account sensitive populations and socioeconomic factors1 where applicable4 4 7#b7 ,permit programs ,section #ejb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;a7b77 is amended-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraphs 7,a7 and 7,c71 by striking assure each place it appears and inserting ensure2 and 7ii7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ensure that no permit will be issued or renewed1 as applicable1 if-- 7i7 with respect to an application for a permit or renewal of a permit for a major source1 the permitting authority determines under paragraph 7#i77;,a77i77,,ii77bb7 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 population1 or to any potentially exposed or susceptible subpopulation1 of the applicable census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census72 or 7ii7 the ,administrator objects to the issuance of the permit in a timely manner under this title4 2 and 7,b7 in paragraph 7#i7-- 7i7 in the fourth sentence1 by striking ,such permit revision and inserting the following3 7iii7 ,treatment as renewal ,a permit revision under this paragraph 2 7ii7 in the third sentence1 by striking ,no such revision shall and inserting the following3 7ii7 ,exception ,a revision under this paragraph shall not 2 7iii7 in the second sentence1 by striking ,such revisions and inserting the following3 7,b7 ,revision requirements 7i7 ,deadline ,a revision described in subparagraph 7,a77ii7 2 and 7iv7 by striking the paragraph designation and all that follows through shall require in the first sentence and inserting the following3 7#i7 ,major sources 7,a7 ,in general ,with respect to any permit or renewal of a permit1 as applicable1 for a major source1 a requirement that the permitting authority shall-- 7i7 in determining whether to issue or renew the permit-- 7,i7 evaluate the potential cumulative impacts of the proposed major source1 as described in the applicable cumulative impacts analysis submitted under section #ejc7;b77#c72 7,,ii7 if1 due to those potential cumulative impacts1 the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of any census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located-- 7aa7 include in the permit or renewal such terms and conditions 7including additional controls or pollution prevention requirements7 as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm2 or 7bb7 if the permitting authority determines that terms and conditions described in item 7aa7 would not be sufficient to ensure a reasonable certainty of no harm1 deny the issuance or renewal of the permit2 7,,iii7 determine whether the applicant is a persistent violator1 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 #ahj days after the date of enactment of the ,environmental ,justice ,act of #bjai2 7,,iv7 if the permitting authority determines under subclause 7,,iii7 that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause 7,v77bb7-- 7aa7 require the applicant to submit a redemption plan that describes-- 7,,aa7 if the applicant is not compliance with this ,act1 measures the applicant will carry out to achieve that compliance1 together with an approximate deadline for that achievement2 7,,bb7 measures the applicant will carry out1 or has carried out to ensure the applicant will remain in compliance with this ,act1 and to mitigate the environmental and health effects of noncompliance2 and 7,,cc7 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 plan2 and 7bb7 once such a redemption plan is submitted1 determine whether the plan is adequate to ensuring that the applicant-- 7,,aa7 will achieve compliance with this ,act expeditiously2 7,,bb7 will remain in compliance with this ,act2 7,,cc7 will mitigate the environmental and health effects of noncompliance2 and 7,,dd7 has solicited and responded to community input regarding the redemption plan2 and 7,v7 deny the issuance or renewal of the permit if the permitting authority determines that-- 7aa7 the redemption plan submitted under subclause 7,,iv77aa7 is inadequate2 or 7bb7 7,,aa7 the applicant has submitted a redemption plan on a prior occasion1 but continues to be a persistent violator2 and 7,,bb7 no indication exists of extremely exigent circumstances excusing the persistent violations2 and 7ii7 in the case of such a permit with a term of #c years or longer1 require in accordance with subparagraph 7,b74 4 7#c7 ,permit applications ,section #ejc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;b7b77 is amended by adding at the end the following3 7#c7 ,major source analyses ,the regulations required by section #ejb7;b7 shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit1 together with the compliance plan required under this subsection1 a cumulative impacts analysis for each census tract or ,tribal census tract 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the major source is1 or is proposed to be1 located that analyzes-- 7,a7 community demographics and locations of community exposure points1 such as schools1 day care centers1 nursing homes1 hospitals1 health clinics1 places of religious worship1 parks1 playgrounds1 and community centers2 7,b7 air quality and the potential effect on that air quality of emissions of air pollutants 7including pollutants listed under section #ajh or #aab7 from the proposed major source1 including in combination with existing sources of pollutants2 7,c7 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 source1 including in combination with existing sources of pollutants2 and 7,d7 public health and any potential effects on public health of the proposed major source4 4 #i4 ,implied rights of action and common law claims ,section #eje of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfe7 is amended by adding at the end the following3 7i7 ,effect on implied rights of action and common law claims 7#a7 ,definition of covered ,act ,in this subsection3 7,a7 ,in general ,the term covered ,act means-- 7i7 this ,act2 7ii7 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 7iii7 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq472 7iv7 the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adja et seq472 7v7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7vi7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7vii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7viii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7ix7 any other ,act administered by the ,administrator4 7,b7 ,inclusions ,the term covered ,act includes any provision of an ,act described in subparagraph 7,a7 the date of enactment of which is after the date of enactment of this subsection1 unless that provision is specifically excluded from this subsection4 7#b7 ,effect ,nothing in a covered ,act precludes the right to bring an action-- 7,a7 under section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc72 or 7,b7 that is implied under-- 7i7 a covered ,act2 or 7ii7 common law4 7#c7 ,application ,nothing in this section precludes the right to bring an action under any provision of law that is not a covered ,act4 4 #aj4 ,private rights of action for discriminatory practices 7a7 ,right of action ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure of a covered entity to comply with this title1 including any regulation promulgated pursuant to this title1 may bring a civil action in any ,federal or ,state court of competent jurisdiction to enforce such person's rights under this title4 4 7b7 ,effective date 7#a7 ,in general ,this section1 including the amendments made by this section1 takes effect on the date of enactment of this ,act4 7#b7 ,application ,this section1 including the amendments made by this section1 applies to all actions or proceedings pending on or after the date of enactment of this ,act4 #aa4 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is determined to be invalid1 the remainder of this ,act and the application of the provision to other persons or circumstances shall not be affected4