[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9218 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9218

 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

                            October 21, 2022

  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 2022''.

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 2022;
                                    ``(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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