II 

117TH CONGRESS 

1ST SESSION S. 2630 

To require Federal agencies to address environmental justice, to require 

consideration of cumulative impacts in certain permitting decisions, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2021 

Mr. BOOKER (for himself, Mr. SCHATZ, Ms. WARREN, Ms. DUCKWORTH, Mr. 

BLUMENTHAL, Mr. MERKLEY, Mr. DURBIN, Mrs. GILLIBRAND, Mr. 

SANDERS, Mr. COONS, Mr. PADILLA, Mr. MARKEY, Mr. VAN HOLLEN, 

and Mr. WYDEN) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To require Federal agencies to address environmental justice, 

to require consideration of cumulative impacts in certain 

permitting decisions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Environmental Justice 

5 Act of 2021’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to require Federal agencies to address and 

2 eliminate the disproportionate environmental and 

3 human health impacts on populations of color, com4 munities of color, indigenous communities, and low5 income communities; 

6 (2) to ensure that all Federal agencies develop 

7 and enforce rules, regulations, guidance, standards, 

8 policies, plans, and practices that promote environ9 mental justice; 

10 (3) to increase cooperation and require coordi11 nation among Federal agencies in achieving environ12 mental justice; 

13 (4) to provide to communities of color, indige14 nous communities, and low-income communities 

15 meaningful access to public information and oppor16 tunities for participation in decision making affect17 ing human health and the environment; 

18 (5) to mitigate the inequitable distribution of 

19 the burdens and benefits of Federal programs hav20 ing significant impacts on human health and the en21 vironment; 

22 (6) to require consideration of cumulative im23 pacts in permitting decisions; 


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1 (7) to clarify congressional intent to afford 

2 rights of action pursuant to certain statutes and 

3 common law claims; and 

4 (8) to allow a private right of action under title 

5 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 

6 et seq.) to challenge discriminatory practices. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) COMMUNITY OF COLOR.—The term ‘‘com13 munity of color’’ means any geographically distinct 

14 area the population of color of which is higher than 

15 the average population of color of the State in which 

16 the community is located. 

17 (3) COMMUNITY-BASED SCIENCE.—The term 

18 ‘‘community-based science’’ means voluntary public 

19 participation in the scientific process and the incor20 poration of data and information generated outside 

21 of traditional institutional boundaries to address 

22 real-world problems in ways that may include formu23 lating research questions, conducting scientific ex24 periments, collecting and analyzing data, inter25 preting results, making new discoveries, developing 


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1 technologies and applications, and solving complex 

2 problems, with an emphasis on the democratization 

3 of science and the engagement of diverse people and 

4 communities. 

5 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en6 vironmental justice’’ means the fair treatment and 

7 meaningful involvement of all individuals, regardless 

8 of race, color, national origin, educational level, or 

9 income, with respect to the development, implemen10 tation, and enforcement of environmental laws, regu11 lations, and policies to ensure that— 

12 (A) populations of color, communities of 

13 color, indigenous communities, and low-income 

14 communities have access to public information 

15 and opportunities for meaningful public partici16 pation relating to human health and environ17 mental planning, regulations, and enforcement; 

18 (B) no population of color or community of 

19 color, indigenous community, or low-income 

20 community shall be exposed to a dispropor21 tionate burden of the negative human health 

22 and environmental impacts of pollution or other 

23 environmental hazards; and 

24 (C) the 17 Principles of Environmental 

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1 tional People of Color Environmental Leader2 ship Summit held on October 24 through 27, 

3 1991, in Washington, DC, are upheld. 

4 (5) FEDERAL AGENCY.—The term ‘‘Federal 

5 agency’’ means— 

6 (A) each Federal agency represented on 

7 the Working Group; and 

8 (B) any other Federal agency that carries 

9 out a Federal program or activity that substan10 tially affects human health or the environment, 

11 as determined by the President. 

12 (6) FENCELINE COMMUNITY.—The term 

13 ‘‘fenceline community’’ means a population living in 

14 close proximity to a source of pollution. 

15 (7) INDIGENOUS COMMUNITY.—The term ‘‘in16 digenous community’’ means— 

17 (A) a federally recognized Indian Tribe; 

18 (B) a State-recognized Indian Tribe; 

19 (C) an Alaska Native or Native Hawaiian 

20 community or organization; and 

21 (D) any other community of indigenous 

22 people, including communities in other coun23 tries. 

24 (8) INFRASTRUCTURE.—The term ‘‘infrastruc25 ture’’ means any system for safe drinking water, 


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1 sewer collection, solid waste disposal, electricity gen2 eration, communication, or transportation access (in3 cluding highways, airports, marine terminals, rail 

4 systems, and residential roads) that is used to effec5 tively and safely support— 

6 (A) housing; 

7 (B) an educational facility; 

8 (C) a medical provider; 

9 (D) a park or recreational facility; or 

10 (E) a local business. 

11 (9) LOW INCOME.—The term ‘‘low income’’ 

12 means an annual household income equal to, or less 

13 than, the greater of— 

14 (A) an amount equal to 80 percent of the 

15 median income of the area in which the house16 hold is located, as reported by the Department 

17 of Housing and Urban Development; and 

18 (B) 200 percent of the Federal poverty 

19 line. 

20 (10) LOW-INCOME COMMUNITY.—The term 

21 ‘‘low-income community’’ means any census block 

22 group in which 30 percent or more of the population 

23 are individuals with low income. 


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1 (11) MEANINGFUL.—The term ‘‘meaningful’’, 

2 with respect to involvement by the public in a deter3 mination by a Federal agency, means that— 

4 (A) potentially affected residents of a com5 munity have an appropriate opportunity to par6 ticipate in decisions regarding a proposed activ7 ity that will affect the environment or public 

8 health of the community; 

9 (B) the public contribution can influence 

10 the determination by the Federal agency; 

11 (C) the concerns of all participants in12 volved are taken into consideration in the deci13 sion-making process; and 

14 (D) the Federal agency— 

15 (i) provides to potentially affected 

16 members of the public accurate informa17 tion; and 

18 (ii) facilitates the involvement of po19 tentially affected members of the public. 

20 (12) POPULATION OF COLOR.—The term ‘‘pop21 ulation of color’’ means a population of individuals 

22 who identify as— 

23 (A) Black; 

24 (B) African American; 

25 (C) Asian; 


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1 (D) Pacific Islander; 

2 (E) another non-White race; 

3 (F) Hispanic; 

4 (G) Latino; or 

5 (H) linguistically isolated. 

6 (13) PUBLISH.—The term ‘‘publish’’ means to 

7 make publicly available in a form that is— 

8 (A) generally accessible, including on the 

9 internet and in public libraries; and 

10 (B) accessible for— 

11 (i) individuals who are limited in 

12 English proficiency, in accordance with Ex13 ecutive Order 13166 (65 Fed. Reg. 50121 

14 (August 16, 2000)); and 

15 (ii) individuals with disabilities. 

16 (14) WORKING GROUP.—The term ‘‘Working 

17 Group’’ means the interagency Federal Working 

18 Group on Environmental Justice convened under 

19 section 1–102 of Executive Order 12898 (42 U.S.C. 

20 4321 note), as amended by Executive Order 12948 

21 (60 Fed. Reg. 6381 (January 30, 1995)) and modi22 fied by section 4. 


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1 SEC. 4. INTERAGENCY FEDERAL WORKING GROUP ON EN2 VIRONMENTAL JUSTICE. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Administrator shall con5 vene, as appropriate to carry out this section, the Working 

6 Group. 

7 (b) REQUIREMENTS.— 

8 (1) COMPOSITION.—The Working Group shall 

9 be comprised of the following (or a designee): 

10 (A) The Secretary of Agriculture. 

11 (B) The Secretary of Commerce. 

12 (C) The Secretary of Defense. 

13 (D) The Secretary of Energy. 

14 (E) The Secretary of Health and Human 

15 Services. 

16 (F) The Secretary of Homeland Security. 

17 (G) The Secretary of Housing and Urban 

18 Development. 

19 (H) The Secretary of the Interior. 

20 (I) The Secretary of Labor. 

21 (J) The Secretary of Transportation. 

22 (K) The Attorney General. 

23 (L) The Administrator. 

24 (M) The Director of the Office of Environ25 mental Justice. 


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1 (N) The Chairman of the Consumer Prod2 uct Safety Commission. 

3 (O) The Chairperson of the Chemical Safe4 ty Board. 

5 (P) The Director of the Office of Manage6 ment and Budget. 

7 (Q) The Director of the Office of Science 

8 and Technology Policy. 

9 (R) The Chair of the Council on Environ10 mental Quality. 

11 (S) The Assistant to the President for Do12 mestic Policy. 

13 (T) The Director of the National Economic 

14 Council. 

15 (U) The Chairman of the Council of Eco16 nomic Advisers. 

17 (V) Such other Federal officials as the 

18 President may designate. 

19 (2) FUNCTIONS.—The Working Group shall— 

20 (A) report to the President through the 

21 Chair of the Council on Environmental Quality 

22 and the Assistant to the President for Domestic 

23 Policy; 

24 (B) provide guidance to Federal agencies 

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1 ately high and adverse human health or envi2 ronmental effects— 

3 (i) on populations of color, commu4 nities of color, indigenous communities, 

5 and low-income communities; and 

6 (ii) on the basis of race, color, na7 tional origin, or income; 

8 (C) coordinate with, provide guidance to, 

9 and serve as a clearinghouse for, each Federal 

10 agency with respect to the implementation and 

11 updating of an environmental justice strategy 

12 required under this Act, in order to ensure that 

13 the administration, interpretation, and enforce14 ment of programs, activities, and policies are 

15 carried out in a consistent manner; 

16 (D) assist in coordinating research by, and 

17 stimulating cooperation among, the Environ18 mental Protection Agency, the Department of 

19 Health and Human Services, the Department of 

20 Housing and Urban Development, and other 

21 Federal agencies conducting research or other 

22 activities in accordance with this Act; 

23 (E) identify, based in part on public rec24 ommendations contained in Federal agency 

25 progress reports, important areas for Federal 


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1 agencies to take into consideration and address, 

2 as appropriate, in environmental justice strate3 gies and other efforts; 

4 (F) assist in coordinating data collection 

5 and maintaining and updating appropriate 

6 databases, as required by this Act; 

7 (G) examine existing data and studies re8 lating to environmental justice; 

9 (H) hold public meetings and otherwise so10 licit public participation under paragraph (3); 

11 and 

12 (I) develop interagency model projects re13 lating to environmental justice that demonstrate 

14 cooperation among Federal agencies. 

15 (3) PUBLIC PARTICIPATION.—The Working 

16 Group shall— 

17 (A) hold public meetings or otherwise so18 licit public participation and community-based 

19 science for the purpose of fact-finding with re20 spect to the implementation of this Act; and 

21 (B) prepare for public review and publish 

22 a summary of any comments and recommenda23 tions provided. 

24 (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

25 Any person may commence a civil action— 


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1 (1) to seek relief from, or to compel, an agency 

2 action under this section (including regulations pro3 mulgated pursuant to this section); or 

4 (2) otherwise to ensure compliance with this 

5 section (including regulations promulgated pursuant 

6 to this section). 

7 SEC. 5. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRON8 MENTAL JUSTICE. 

9 (a) FEDERAL AGENCY RESPONSIBILITIES.— 

10 (1) ENVIRONMENTAL JUSTICE MISSION.—To 

11 the maximum extent practicable and permitted by 

12 applicable law, each Federal agency shall make 

13 achieving environmental justice part of the mission 

14 of the Federal agency by identifying, addressing, 

15 and mitigating disproportionately high and adverse 

16 human health or environmental effects of the pro17 grams, policies, and activities of the Federal agency 

18 on populations of color, communities of color, indige19 nous communities, and low-income communities in 

20 the United States (including the territories and pos21 sessions of the United States and the District of Co22 lumbia). 

23 (2) NONDISCRIMINATION.—Each Federal agen24 cy shall conduct any program, policy, or activity that 

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1 ment in a manner that ensures that the program, 

2 policy, or activity does not have the effect of exclud3 ing any individual or group from participation in, 

4 denying any individual or group the benefits of, or 

5 subjecting any individual or group to discrimination 

6 under, the program, policy, or activity because of 

7 race, color, or national origin. 

8 (3) STRATEGIES.— 

9 (A) AGENCYWIDE STRATEGIES.—Each 

10 Federal agency shall implement and update, not 

11 less frequently than annually, an agencywide 

12 environmental justice strategy that identifies 

13 disproportionally high and adverse human 

14 health or environmental effects of the pro15 grams, policies, spending, and other activities of 

16 the Federal agency with respect to populations 

17 of color, communities of color, indigenous com18 munities, and low-income communities, includ19 ing, as appropriate for the mission of the Fed20 eral agency, with respect to the following areas: 

21 (i) Implementation of the National 

22 Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.). 

24 (ii) Implementation of title VI of the 

25 Civil Rights Act of 1964 (42 U.S.C. 2000d 


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1 et seq.) (including regulations promulgated 

2 pursuant to that title). 

3 (iii) Implementation of the Robert T. 

4 Stafford Disaster Relief and Emergency 

5 Assistance Act (42 U.S.C. 5121 et seq.). 

6 (iv) Impacts from the lack of infra7 structure, or from deteriorated infrastruc8 ture. 

9 (v) Impacts from land use. 

10 (vi) Impacts from climate change. 

11 (vii) Impacts from commercial trans12 portation. 

13 (B) REVISIONS.— 

14 (i) IN GENERAL.—Each strategy de15 veloped and updated pursuant to subpara16 graph (A) shall identify programs, policies, 

17 planning and public participation proc18 esses, rulemaking, agency spending, and 

19 enforcement activities relating to human 

20 health or the environment that may be re21 vised, at a minimum— 

22 (I) to promote enforcement of all 

23 health, environmental, and civil rights 

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1 nities of color, indigenous commu2 nities, and low-income communities; 

3 (II) to ensure greater public par4 ticipation; 

5 (III) to provide increased access 

6 to infrastructure; 

7 (IV) to improve research and 

8 data collection relating to the health 

9 and environment of populations of 

10 color, communities of color, indige11 nous communities, and low-income 

12 communities, including through the 

13 increased use of community-based 

14 science; and 

15 (V) to identify differential pat16 terns of use of natural resources 

17 among populations of color, commu18 nities of color, indigenous commu19 nities, and low-income communities. 

20 (ii) TIMETABLES.—Each strategy im21 plemented and updated pursuant to sub22 paragraph (A) shall include a timetable for 

23 undertaking revisions identified pursuant 

24 to clause (i). 


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1 (C) PROGRESS REPORTS.—Not later than 

2 1 year after the date of enactment of this Act, 

3 and not less frequently than once every 5 years 

4 thereafter, each Federal agency shall submit to 

5 Congress and the Working Group, and shall 

6 publish, a progress report that includes, with 

7 respect to the period covered by the report— 

8 (i) a description of the current envi9 ronmental justice strategy of the Federal 

10 agency; 

11 (ii) an evaluation of the progress 

12 made by the Federal agency at national 

13 and regional levels regarding implementa14 tion of the environmental justice strategy, 

15 including— 

16 (I) metrics used by the Federal 

17 agency to measure performance; and 

18 (II) the progress made by the 

19 Federal agency toward— 

20 (aa) the achievement of the 

21 metrics described in subclause 

22 (I); and 

23 (bb) mitigating identified in24 stances of environmental injus25 tice; 


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1 (iii) a description of the participation 

2 by the Federal agency in interagency col3 laboration; 

4 (iv) responses to recommendations 

5 submitted by members of the public to the 

6 Federal agency relating to the environ7 mental justice strategy of the Federal 

8 agency and the implementation by the 

9 Federal agency of this Act; and 

10 (v) any updates or revisions to the en11 vironmental justice strategy of the Federal 

12 agency, including those resulting from pub13 lic comments. 

14 (4) PUBLIC PARTICIPATION.—Each Federal 

15 agency shall— 

16 (A) ensure that meaningful opportunities 

17 exist for the public to submit comments and 

18 recommendations relating to the environmental 

19 justice strategy, progress reports, and ongoing 

20 efforts of the Federal agency to incorporate en21 vironmental justice principles into the pro22 grams, policies, and activities of the Federal 

23 agency; 

24 (B) hold public meetings or otherwise so25 licit public participation and community-based 


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1 science from populations of color, communities 

2 of color, indigenous communities, and low-in3 come communities for fact-finding, receiving 

4 public comments, and conducting inquiries con5 cerning environmental justice; and 

6 (C) prepare for public review and publish 

7 a summary of the comments and recommenda8 tions provided. 

9 (5) ACCESS TO INFORMATION.—Each Federal 

10 agency shall— 

11 (A) publish public documents, notices, and 

12 hearings relating to the programs, policies, and 

13 activities of the Federal agency that affect 

14 human health or the environment; and 

15 (B) translate and publish any public docu16 ments, notices, and hearings relating to an ac17 tion of the Federal agency as appropriate for 

18 the affected population, specifically in any case 

19 in which a limited English-speaking population 

20 may be disproportionately affected by that ac21 tion. 

22 (6) CODIFICATION OF GUIDANCE.— 

23 (A) COUNCIL ON ENVIRONMENTAL QUAL24 ITY.—Notwithstanding any other provision of 

25 law, sections II and III of the guidance issued 


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1 by the Council on Environmental Quality enti2 tled ‘‘Environmental Justice Guidance Under 

3 the National Environmental Policy Act’’ and 

4 dated December 10, 1997, are enacted into law. 

5 (B) ENVIRONMENTAL PROTECTION AGEN6 CY.—Notwithstanding any other provision of 

7 law, the guidance issued by the Environmental 

8 Protection Agency entitled ‘‘EPA Policy on 

9 Consultation and Coordination with Indian 

10 Tribes: Guidance for Discussing Tribal Treaty 

11 Rights’’ and dated February 2016 is enacted 

12 into law. 

13 (b) HUMAN HEALTH AND ENVIRONMENTAL RE14 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

15 (1) RESEARCH.—Each Federal agency, to the 

16 maximum extent practicable and permitted by appli17 cable law, shall— 

18 (A) in conducting environmental or human 

19 health research, include diverse segments of the 

20 population in epidemiological and clinical stud21 ies, including segments at high risk from envi22 ronmental hazards, such as— 

23 (i) populations of color, communities 

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1 lations with low income, and low-income 

2 communities; 

3 (ii) fenceline communities; and 

4 (iii) workers who may be exposed to 

5 substantial environmental hazards; 

6 (B) in conducting environmental or human 

7 health analyses, identify multiple and cumu8 lative exposures; and 

9 (C) actively encourage and solicit commu10 nity-based science, and provide to populations 

11 of color, communities of color, indigenous com12 munities, populations with low income, and low13 income communities the opportunity to com14 ment regarding the development and design of 

15 research strategies carried out pursuant to this 

16 Act. 

17 (2) DISPROPORTIONATE IMPACT.—To the max18 imum extent practicable and permitted by applicable 

19 law (including section 552a of title 5, United States 

20 Code (commonly known as the ‘‘Privacy Act’’)), each 

21 Federal agency shall— 

22 (A) collect, maintain, and analyze informa23 tion assessing and comparing environmental 

24 and human health risks borne by populations 


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1 identified by race, national origin, or income; 

2 and 

3 (B) use that information to determine 

4 whether the programs, policies, and activities of 

5 the Federal agency have disproportionally high 

6 and adverse human health or environmental ef7 fects on populations of color, communities of 

8 color, indigenous communities, and low-income 

9 communities. 

10 (3) INFORMATION RELATING TO NON-FEDERAL

11 FACILITIES.—In connection with the implementation 

12 of Federal agency strategies under subsection (a)(3), 

13 each Federal agency, to the maximum extent prac14 ticable and permitted by applicable law, shall collect, 

15 maintain, and analyze information relating to the 

16 race, national origin, and income level, and other 

17 readily accessible and appropriate information, for 

18 fenceline communities in proximity to any facility or 

19 site expected to have a substantial environmental, 

20 human health, or economic effect on the surrounding 

21 populations, if the facility or site becomes the sub22 ject of a substantial Federal environmental adminis23 trative or judicial action. 

24 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

25 Federal agency, to the maximum extent practicable 


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1 and permitted by applicable law, shall collect, main2 tain, and analyze information relating to the race, 

3 national origin, and income level, and other readily 

4 accessible and appropriate information, for fenceline 

5 communities in proximity to any facility of the Fed6 eral agency that is— 

7 (A) subject to the reporting requirements 

8 under the Emergency Planning and Community 

9 Right-to-Know Act of 1986 (42 U.S.C. 11001 

10 et seq.), as required by Executive Order 12898 

11 (42 U.S.C. 4321 note); and 

12 (B) expected to have a substantial environ13 mental, human health, or economic effect on 

14 surrounding populations. 

15 (c) CONSUMPTION OF FISH AND WILDLIFE.— 

16 (1) IN GENERAL.—Each Federal agency shall 

17 develop, publish (unless prohibited by law), and re18 vise, as practicable and appropriate, guidance on ac19 tions of the Federal agency that will impact fish and 

20 wildlife consumed by populations that principally 

21 rely on fish or wildlife for subsistence. 

22 (2) REQUIREMENT.—The guidance described in 

23 paragraph (1) shall— 

24 (A) reflect the latest scientific information 

25 available concerning methods for evaluating the 


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1 human health risks associated with the con2 sumption of pollutant-bearing fish or wildlife; 

3 and 

4 (B) publish the risks of such consumption 

5 patterns. 

6 (d) MAPPING AND SCREENING TOOL.—The Adminis7 trator shall continue to make available to the public an 

8 environmental justice mapping and screening tool (such 

9 as EJScreen or an equivalent tool) that includes, at a min10 imum, the following features: 

11 (1) Nationally consistent data. 

12 (2) Environmental data. 

13 (3) Demographic data, including data relating 

14 to race, ethnicity, and income. 

15 (4) Capacity to produce maps and reports by 

16 geographical area. 

17 (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

18 Any person may commence a civil action— 

19 (1) to seek relief from, or to compel, an agency 

20 action under this section (including regulations pro21 mulgated pursuant to this section); or 

22 (2) otherwise to ensure compliance with this 

23 section (including regulations promulgated pursuant 

24 to this section). 


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1 (f) INFORMATION SHARING.—In carrying out this 

2 section, each Federal agency, to the maximum extent 

3 practicable and permitted by applicable law, shall share 

4 information and eliminate unnecessary duplication of ef5 forts through the use of existing data systems and cooper6 ative agreements among Federal agencies and with State, 

7 local, and Tribal governments. 

8 SEC. 6. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

9 COUNCIL. 

10 (a) ESTABLISHMENT.—The establishment by the Ad11 ministrator on September 30, 1993, by charter pursuant 

12 to the Federal Advisory Committee Act (5 U.S.C. App.) 

13 of the National Environmental Justice Advisory Council 

14 (referred to in this section as the ‘‘Advisory Council’’) is 

15 enacted into law. 

16 (b) DUTIES.—The Advisory Council may carry out 

17 such duties as were carried out by the Advisory Council 

18 on the day before the date of enactment of this Act, sub19 ject to modification by the Administrator, by regulation. 

20 (c) MEMBERSHIP.—The membership of the Advisory 

21 Council shall— 

22 (1) be determined and appointed in accordance 

23 with, as applicable— 


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1 (A) the charter described in subsection (a) 

2 (or any subsequent amendment or revision of 

3 that charter); or 

4 (B) other appropriate bylaws or documents 

5 of the Advisory Council, as determined by the 

6 Administrator; and 

7 (2) continue in effect as in existence on the day 

8 before the date of enactment of this Act until modi9 fied in accordance with paragraph (1). 

10 (d) DESIGNATED FEDERAL OFFICER.—The Director 

11 of the Office of Environmental Justice of the Environ12 mental Protection Agency is designated as the Federal of13 ficer required under section 10(e) of the Federal Advisory 

14 Committee Act (5 U.S.C. App.) for the Advisory Council. 

15 (e) MEETINGS.— 

16 (1) IN GENERAL.—The Advisory Council shall 

17 meet not less frequently than 3 times each calendar 

18 year. 

19 (2) OPEN TO PUBLIC.—Each meeting of the 

20 Advisory Council shall be held open to the public. 

21 (3) DESIGNATED FEDERAL OFFICER.—The des22 ignated Federal officer described in subsection (d) 

23 (or a designee) shall— 

24 (A) be present at each meeting of the Ad25 visory Council; 


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1 (B) ensure that each meeting is conducted 

2 in accordance with an agenda approved in ad3 vance by the designated Federal officer; 

4 (C) provide an opportunity for interested 

5 persons— 

6 (i) to file comments before or after 

7 each meeting of the Advisory Council; or 

8 (ii) to make statements at such a 

9 meeting, to the extent that time permits; 

10 (D) ensure that a representative of the 

11 Working Group and a high-level representative 

12 from each regional office of the Environmental 

13 Protection Agency are invited to, and encour14 aged to attend, each meeting of the Advisory 

15 Council; and 

16 (E) provide technical assistance to States 

17 seeking to establish State-level environmental 

18 justice advisory councils or implement other en19 vironmental justice policies or programs. 

20 (f) RESPONSES FROM ADMINISTRATOR.— 

21 (1) PUBLIC COMMENT INQUIRIES.—The Admin22 istrator shall provide a written response to each in23 quiry submitted to the Administrator by a member 

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1 visory Council by not later than 120 days after the 

2 date of submission. 

3 (2) RECOMMENDATIONS FROM ADVISORY COUN4 CIL.—The Administrator shall provide a written re5 sponse to each recommendation submitted to the Ad6 ministrator by the Advisory Council by not later 

7 than 120 days after the date of submission. 

8 (g) TRAVEL EXPENSES.—A member of the Advisory 

9 Council may be allowed travel expenses, including per 

10 diem in lieu of subsistence, at such rate as the Adminis11 trator determines to be appropriate while away from the 

12 home or regular place of business of the member in the 

13 performance of the duties of the Advisory Council. 

14 (h) DURATION.—The Advisory Council shall remain 

15 in existence unless otherwise provided by law. 

16 SEC. 7. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

17 (a) IN GENERAL.—The Administrator shall continue 

18 to carry out the Environmental Justice Small Grants Pro19 gram and the Environmental Justice Collaborative Prob20 lem-Solving Cooperative Agreement Program, as those 

21 programs are in existence on the date of enactment of this 

22 Act. 

23 (b) CARE GRANTS.—The Administrator shall con24 tinue to carry out the Community Action for a Renewed 


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1 Environment grant programs I and II, as in existence on 

2 January 1, 2012. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out the programs 

5 described in subsections (a) and (b) $10,000,000 for each 

6 of fiscal years 2020 through 2029. 

7 SEC. 8. CONSIDERATION OF CUMULATIVE IMPACTS AND 

8 PERSISTENT VIOLATIONS IN CERTAIN PER9 MITTING DECISIONS. 

10 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

11 Section 402 of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1342) is amended— 

13 (1) by striking the section designation and 

14 heading and all that follows through ‘‘Except as’’ in 

15 subsection (a)(1) and inserting the following: 

16 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI17 NATION SYSTEM. 

18 ‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 

19 ‘‘(1) IN GENERAL.—Except as’’; 

20 (2) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘upon condition that 

23 such discharge will meet either (A) all’’ 

24 and inserting the following: ‘‘subject to the 

25 conditions that— 


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1 ‘‘(A) the discharge will achieve compliance 

2 with, as applicable— 

3 ‘‘(i) all’’; 

4 (ii) by striking ‘‘403 of this Act, or 

5 (B) prior’’ and inserting the following: 

6 ‘‘403; or 

7 ‘‘(ii) prior’’; and 

8 (iii) by striking ‘‘this Act.’’ and insert9 ing the following: ‘‘this Act; and 

10 ‘‘(B) with respect to the issuance or re11 newal of the permit— 

12 ‘‘(i) based on an analysis by the Ad13 ministrator of existing water quality and 

14 the potential cumulative impacts (as de15 fined in section 501 of the Clean Air Act 

16 (42 U.S.C. 7661)) of the discharge, consid17 ered in conjunction with the designated 

18 and actual uses of the impacted navigable 

19 water, there exists a reasonable certainty 

20 of no harm to the health of the general 

21 population, or to any potentially exposed or 

22 susceptible subpopulation; or 

23 ‘‘(ii) if the Administrator determines 

24 that, due to those potential cumulative im25 pacts, there does not exist a reasonable 


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1 certainty of no harm to the health of the 

2 general population, or to any potentially 

3 exposed or susceptible subpopulation, the 

4 permit or renewal includes such terms and 

5 conditions as the Administrator determines 

6 to be necessary to ensure a reasonable cer7 tainty of no harm.’’; and 

8 (B) in paragraph (2), by striking ‘‘assure 

9 compliance with the requirements of paragraph 

10 (1) of this subsection, including conditions on 

11 data and information collection, reporting, and 

12 such other requirements as he deems appro13 priate.’’ and inserting the following: ‘‘ensure 

14 compliance with the requirements of paragraph 

15 (1), including— 

16 ‘‘(A) conditions relating to— 

17 ‘‘(i) data and information collection; 

18 ‘‘(ii) reporting; and 

19 ‘‘(iii) such other requirements as the 

20 Administrator determines to be appro21 priate; and 

22 ‘‘(B) additional controls or pollution pre23 vention requirements.’’; and 

24 (3) in subsection (b)— 


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1 (A) in each of paragraphs (1)(D), (2)(B), 

2 and (3) through (7), by striking the semicolon 

3 at the end and inserting a period; 

4 (B) in paragraph (8), by striking ‘‘; and’’ 

5 at the end and inserting a period; and 

6 (C) by adding at the end the following: 

7 ‘‘(10) To ensure that no permit will be issued 

8 or renewed if, with respect to an application for the 

9 permit, the State determines, based on an analysis 

10 by the State of existing water quality and the poten11 tial cumulative impacts (as defined in section 501 of 

12 the Clean Air Act (42 U.S.C. 7661)) of the dis13 charge, considered in conjunction with the des14 ignated and actual uses of the impacted navigable 

15 water, that the terms and conditions of the permit 

16 or renewal would not be sufficient to ensure a rea17 sonable certainty of no harm to the health of the 

18 general population, or to any potentially exposed or 

19 susceptible subpopulation.’’. 

20 (b) CLEAN AIR ACT.— 

21 (1) DEFINITIONS.—Section 501 of the Clean 

22 Air Act (42 U.S.C. 7661) is amended— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘As used in this title—’’ and insert25 ing ‘‘In this title:’’; 


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1 (B) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (3), (5), and (4), respec3 tively, and moving the paragraphs so as to ap4 pear in numerical order; and 

5 (C) by inserting after paragraph (1) the 

6 following: 

7 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu8 lative impacts’ means any exposure, public health or 

9 environmental risk, or other effect occurring in a 

10 specific geographical area, including from an emis11 sion or release— 

12 ‘‘(A) including— 

13 ‘‘(i) environmental pollution re14 leased— 

15 ‘‘(I)(aa) routinely; 

16 ‘‘(bb) accidentally; or 

17 ‘‘(cc) otherwise; and 

18 ‘‘(II) from any source, whether 

19 single or multiple; and 

20 ‘‘(ii) as assessed based on the com21 bined past, present, and reasonably fore22 seeable emissions and discharges affecting 

23 the geographical area; and 


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1 ‘‘(B) evaluated taking into account sen2 sitive populations and socioeconomic factors, 

3 where applicable.’’. 

4 (2) PERMIT PROGRAMS.—Section 502(b) of the 

5 Clean Air Act (42 U.S.C. 7661a(b)) is amended— 

6 (A) in paragraph (5)— 

7 (i) in subparagraphs (A) and (C), by 

8 striking ‘‘assure’’ each place it appears and 

9 inserting ‘‘ensure’’; and 

10 (ii) by striking subparagraph (F) and 

11 inserting the following: 

12 ‘‘(F) ensure that no permit will be issued or re13 newed, as applicable, if— 

14 ‘‘(i) with respect to an application for a 

15 permit or renewal of a permit for a major 

16 source, the permitting authority determines 

17 under paragraph (9)(A)(i)(II)(bb) that the 

18 terms and conditions of the permit or renewal 

19 would not be sufficient to ensure a reasonable 

20 certainty of no harm to the health of the gen21 eral population, or to any potentially exposed or 

22 susceptible subpopulation, of the applicable cen23 sus tracts or Tribal census tracts (as those 

24 terms are defined by the Director of the Bureau 

25 of the Census); or 


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1 ‘‘(ii) the Administrator objects to the 

2 issuance of the permit in a timely manner 

3 under this title.’’; and 

4 (B) in paragraph (9)— 

5 (i) in the fourth sentence, by striking 

6 ‘‘Such permit revision’’ and inserting the 

7 following: 

8 ‘‘(iii) TREATMENT AS RENEWAL.—A 

9 permit revision under this paragraph’’; 

10 (ii) in the third sentence, by striking 

11 ‘‘No such revision shall’’ and inserting the 

12 following: 

13 ‘‘(ii) EXCEPTION.—A revision under 

14 this paragraph shall not’’; 

15 (iii) in the second sentence, by strik16 ing ‘‘Such revisions’’ and inserting the fol17 lowing: 

18 ‘‘(B) REVISION REQUIREMENTS.— 

19 ‘‘(i) DEADLINE.—A revision described 

20 in subparagraph (A)(ii)’’; and 

21 (iv) by striking the paragraph des22 ignation and all that follows through ‘‘shall 

23 require’’ in the first sentence and inserting 

24 the following: 

25 ‘‘(9) MAJOR SOURCES.— 


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1 ‘‘(A) IN GENERAL.—With respect to any 

2 permit or renewal of a permit, as applicable, for 

3 a major source, a requirement that the permit4 ting authority shall— 

5 ‘‘(i) in determining whether to issue 

6 or renew the permit— 

7 ‘‘(I) evaluate the potential cumu8 lative impacts of the proposed major 

9 source, as described in the applicable 

10 cumulative impacts analysis submitted 

11 under section 503(b)(3); 

12 ‘‘(II) if, due to those potential 

13 cumulative impacts, the permitting 

14 authority cannot determine that there 

15 exists a reasonable certainty of no 

16 harm to the health of the general pop17 ulation, or to any potentially exposed 

18 or susceptible subpopulation, of any 

19 census tracts or Tribal census tracts 

20 (as those terms are defined by the Di21 rector of the Bureau of the Census) 

22 located in, or immediately adjacent to, 

23 the area in which the major source is, 

24 or is proposed to be, located— 


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1 ‘‘(aa) include in the permit 

2 or renewal such terms and condi3 tions (including additional con4 trols or pollution prevention re5 quirements) as the permitting 

6 authority determines to be nec7 essary to ensure a reasonable cer8 tainty of no harm; or 

9 ‘‘(bb) if the permitting au10 thority determines that terms 

11 and conditions described in item 

12 (aa) would not be sufficient to 

13 ensure a reasonable certainty of 

14 no harm, deny the issuance or re15 newal of the permit; 

16 ‘‘(III) determine whether the ap17 plicant is a persistent violator, based 

18 on such criteria relating to the history 

19 of compliance by an applicant with 

20 this Act as the Administrator shall es21 tablish by not later than 180 days 

22 after the date of enactment of the En23 vironmental Justice Act of 2021; 

24 ‘‘(IV) if the permitting authority 

25 determines under subclause (III) that 


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1 the applicant is a persistent violator 

2 and the permitting authority does not 

3 deny the issuance or renewal of the 

4 permit pursuant to subclause 

5 (V)(bb)— 

6 ‘‘(aa) require the applicant 

7 to submit a redemption plan that 

8 describes— 

9 ‘‘(AA) if the applicant 

10 is not compliance with this 

11 Act, measures the applicant 

12 will carry out to achieve that 

13 compliance, together with an 

14 approximate deadline for 

15 that achievement; 

16 ‘‘(BB) measures the 

17 applicant will carry out, or 

18 has carried out to ensure the 

19 applicant will remain in 

20 compliance with this Act, 

21 and to mitigate the environ22 mental and health effects of 

23 noncompliance; and 

24 ‘‘(CC) the measures the 

25 applicant has carried out in 


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1 preparing the redemption 

2 plan to consult or negotiate 

3 with the communities af4 fected by each persistent vio5 lation addressed in the plan; 

6 and 

7 ‘‘(bb) once such a redemp8 tion plan is submitted, determine 

9 whether the plan is adequate to 

10 ensuring that the applicant— 

11 ‘‘(AA) will achieve com12 pliance with this Act expedi13 tiously; 

14 ‘‘(BB) will remain in 

15 compliance with this Act; 

16 ‘‘(CC) will mitigate the 

17 environmental and health ef18 fects of noncompliance; and 

19 ‘‘(DD) has solicited and 

20 responded to community 

21 input regarding the redemp22 tion plan; and 

23 ‘‘(V) deny the issuance or re24 newal of the permit if the permitting 

25 authority determines that— 


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1 ‘‘(aa) the redemption plan 

2 submitted under subclause 

3 (IV)(aa) is inadequate; or 

4 ‘‘(bb)(AA) the applicant has 

5 submitted a redemption plan on 

6 a prior occasion, but continues to 

7 be a persistent violator; and 

8 ‘‘(BB) no indication exists 

9 of extremely exigent circum10 stances excusing the persistent 

11 violations; and 

12 ‘‘(ii) in the case of such a permit with 

13 a term of 3 years or longer, require in ac14 cordance with subparagraph (B).’’. 

15 (3) PERMIT APPLICATIONS.—Section 503(b) of 

16 the Clean Air Act (42 U.S.C. 7661b(b)) is amended 

17 by adding at the end the following: 

18 ‘‘(3) MAJOR SOURCE ANALYSES.—The regulations 

19 required by section 502(b) shall include a requirement 

20 that an applicant for a permit or renewal of a permit for 

21 a major source shall submit, together with the compliance 

22 plan required under this subsection, a cumulative impacts 

23 analysis for each census tract or Tribal census tract (as 

24 those terms are defined by the Director of the Bureau of 

25 the Census) located in, or immediately adjacent to, the 


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1 area in which the major source is, or is proposed to be, 

2 located that analyzes— 

3 ‘‘(A) community demographics and locations of 

4 community exposure points, such as schools, day 

5 care centers, nursing homes, hospitals, health clinics, 

6 places of religious worship, parks, playgrounds, and 

7 community centers; 

8 ‘‘(B) air quality and the potential effect on that 

9 air quality of emissions of air pollutants (including 

10 pollutants listed under section 108 or 112) from the 

11 proposed major source, including in combination 

12 with existing sources of pollutants; 

13 ‘‘(C) the potential effects on soil quality and 

14 water quality of emissions of lead and other air pol15 lutants that could contaminate soil or water from 

16 the proposed major source, including in combination 

17 with existing sources of pollutants; and 

18 ‘‘(D) public health and any potential effects on 

19 public health of the proposed major source.’’. 

20 SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW 

21 CLAIMS. 

22 Section 505 of the Federal Water Pollution Control 

23 Act (33 U.S.C. 1365) is amended by adding at the end 

24 the following: 


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1 ‘‘(i) EFFECT ON IMPLIED RIGHTS OF ACTION AND

2 COMMON LAW CLAIMS.— 

3 ‘‘(1) DEFINITION OF COVERED ACT.—In this 

4 subsection: 

5 ‘‘(A) IN GENERAL.—The term ‘covered 

6 Act’ means— 

7 ‘‘(i) this Act; 

8 ‘‘(ii) the Federal Insecticide, Fun9 gicide, and Rodenticide Act (7 U.S.C. 136 

10 et seq.); 

11 ‘‘(iii) the Surface Mining Control and 

12 Reclamation Act of 1977 (30 U.S.C. 1201 

13 et seq.); 

14 ‘‘(iv) the Marine Protection, Research, 

15 and Sanctuaries Act of 1972 (33 U.S.C. 

16 1401 et seq.); 

17 ‘‘(v) the Safe Drinking Water Act (42 

18 U.S.C. 300f et seq.); 

19 ‘‘(vi) the Solid Waste Disposal Act 

20 (42 U.S.C. 6901 et seq.); 

21 ‘‘(vii) the Clean Air Act (42 U.S.C. 

22 7401 et seq.); 

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1 ability Act of 1980 (42 U.S.C. 9601 et 

2 seq.); and 

3 ‘‘(ix) any other Act administered by 

4 the Administrator. 

5 ‘‘(B) INCLUSIONS.—The term ‘covered 

6 Act’ includes any provision of an Act described 

7 in subparagraph (A) the date of enactment of 

8 which is after the date of enactment of this 

9 subsection, unless that provision is specifically 

10 excluded from this subsection. 

11 ‘‘(2) EFFECT.—Nothing in a covered Act pre12 cludes the right to bring an action— 

13 ‘‘(A) under section 1979 of the Revised 

14 Statutes (42 U.S.C. 1983); or 

15 ‘‘(B) that is implied under— 

16 ‘‘(i) a covered Act; or 

17 ‘‘(ii) common law. 

18 ‘‘(3) APPLICATION.—Nothing in this section 

19 precludes the right to bring an action under any 

20 provision of law that is not a covered Act.’’. 

21 SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINA22 TORY PRACTICES. 

23 (a) RIGHT OF ACTION.—Section 602 of the Civil 

24 Rights Act of 1964 (42 U.S.C. 2000d–1) is amended— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de2 partment and agency which is empowered’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) Any person aggrieved by the failure of a covered 

5 entity to comply with this title, including any regulation 

6 promulgated pursuant to this title, may bring a civil action 

7 in any Federal or State court of competent jurisdiction 

8 to enforce such person’s rights under this title.’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—This section, including the 

11 amendments made by this section, takes effect on 

12 the date of enactment of this Act. 

13 (2) APPLICATION.—This section, including the 

14 amendments made by this section, applies to all ac15 tions or proceedings pending on or after the date of 

16 enactment of this Act. 

17 SEC. 11. SEVERABILITY. 

18 If any provision of this Act, or the application of such 

19 a provision to any person or circumstance, is determined 

20 to be invalid, the remainder of this Act and the application 

21 of the provision to other persons or circumstances shall 

22 not be affected. 

Æ 


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