‘‘(A) IN GENERAL.—With respect to any 
permit or renewal of a permit, as applicable, for 
a major source, a requirement that the permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
‘‘(I) evaluate the potential cumu-
lative impacts of the proposed major 
source, as described in the applicable 
cumulative impacts analysis submitted 
under section 503(b)(3); 
‘‘(II) if, due to those potential 
cumulative impacts, the permitting 
authority cannot determine that there 
exists a reasonable certainty of no 
harm to the health of the general pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census tracts or Tribal census tracts 
(as those terms are defined by the Di-
rector 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— 
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‘‘(aa) include in the permit 
or renewal such terms and condi-
tions (including additional con-
trols or pollution prevention re-
quirements) as the permitting 
authority determines to be nec-
essary to ensure a reasonable cer-
tainty of no harm; or 
‘‘(bb) if the permitting au-
thority determines that terms 
and conditions described in item 
(aa) would not be sufficient to 
ensure a reasonable certainty of 
no harm, deny the issuance or re-
newal of the permit; 
‘‘(III) determine whether the ap-
plicant is a persistent violator, based 
on such criteria relating to the history 
of compliance by an applicant with 
this Act as the Administrator shall es-
tablish by not later than 180 days 
after the date of enactment of the En-
vironmental Justice Act of 2021; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
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the applicant is a persistent violator 
and the permitting authority does not 
deny the issuance or renewal of the 
permit 
pursuant 
to 
subclause 
(V)(bb)— 
‘‘(aa) require the applicant 
to submit a redemption plan that 
describes— 
‘‘(AA) if the applicant 
is not in compliance with 
this Act, measures the appli-
cant 
will 
carry 
out 
to 
achieve that compliance, to-
gether with an approximate 
deadline for that achieve-
ment; 
‘‘(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 environ-
mental and health effects of 
noncompliance; and 
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‘‘(CC) the measures the 
applicant has carried out in 
preparing 
the 
redemption 
plan to consult or negotiate 
with the communities af-
fected by each persistent vio-
lation addressed in the plan; 
and 
‘‘(bb) once such a redemp-
tion plan is submitted, determine 
whether the plan is adequate to 
ensuring that the applicant— 
‘‘(AA) will achieve com-
pliance with this Act expedi-
tiously; 
‘‘(BB) will remain in 
compliance with this Act; 
‘‘(CC) will mitigate the 
environmental and health ef-
fects of noncompliance; and 
‘‘(DD) has solicited and 
responded 
to 
community 
input regarding the redemp-
tion plan; and 
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‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
‘‘(aa) the redemption plan 
submitted 
under 
subclause 
(IV)(aa) is inadequate; or 
‘‘(bb)(AA) the applicant has 
submitted a redemption plan on 
a prior occasion, but continues to 
be a persistent violator; and 
‘‘(BB) no indication exists 
of 
extremely 
exigent 
cir-
cumstances excusing the per-
sistent violations; and 
‘‘(ii) in the case of such a permit with 
a term of 3 years or longer, require in ac-
cordance with subparagraph (B).’’. 
(3) PERMIT APPLICATIONS.—Section 503(b) of 
the Clean Air Act (42 U.S.C. 7661b(b)) is amended 
by adding at the end the following: 
‘‘(3) MAJOR SOURCE ANALYSES.—The regula-
tions required by section 502(b) shall include a re-
quirement 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 sub-
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section, a cumulative impacts analysis for each cen-
sus tract or Tribal census tract (as those terms are 
defined by the Director of the Bureau of the Cen-
sus) 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 loca-
tions of community exposure points, such as 
schools, day care centers, nursing homes, hos-
pitals, health clinics, places of religious worship, 
parks, playgrounds, and community centers; 
‘‘(B) air quality and the potential effect on 
that air quality of emissions of air pollutants 
(including pollutants listed under section 108 or 
112) from the proposed major source, including 
in combination with existing sources of pollut-
ants; 
‘‘(C) the potential effects on soil quality 
and water quality of emissions of lead and other 
air pollutants that could contaminate soil or 
water from the proposed major source, includ-
ing in combination with existing sources of pol-
lutants; and 
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‘‘(D) public health and any potential ef-
fects on public health of the proposed major 
source.’’. 
SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW 
CLAIMS. 
Section 505 of the Federal Water Pollution Control 
Act (33 U.S.C. 1365) is amended by adding at the end 
the following: 
‘‘(i) EFFECT ON IMPLIED RIGHTS OF ACTION AND 
COMMON LAW CLAIMS.— 
‘‘(1) DEFINITION OF COVERED ACT.—In this 
subsection: 
‘‘(A) IN
GENERAL.—The term ‘covered 
Act’ means— 
‘‘(i) this Act; 
‘‘(ii) the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136 
et seq.); 
‘‘(iii) the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201 
et seq.); 
‘‘(iv) the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.); 
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‘‘(v) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
‘‘(vi) the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.); 
‘‘(vii) the Clean Air Act (42 U.S.C. 
7401 et seq.); 
‘‘(viii) the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.); and 
‘‘(ix) any other Act administered by 
the Administrator. 
‘‘(B) INCLUSIONS.—The term ‘covered 
Act’ includes any provision of an Act described 
in subparagraph (A) the date of enactment of 
which is after the date of enactment of this 
subsection, unless that provision is specifically 
excluded from this subsection. 
‘‘(2) EFFECT.—Nothing in a covered Act pre-
cludes the right to bring an action— 
‘‘(A) under section 1979 of the Revised 
Statutes (42 U.S.C. 1983); or 
‘‘(B) that is implied under— 
‘‘(i) a covered Act; or 
‘‘(ii) common law. 
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‘‘(3) APPLICATION.—Nothing in this section 
precludes the right to bring an action under any 
provision of law that is not a covered Act.’’. 
SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINA-
TORY PRACTICES. 
(a) RIGHT OF ACTION.—Section 602 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure of a covered 
entity to comply with this title, including any regulation 
promulgated pursuant to this title, may bring a civil action 
in any Federal or State court of competent jurisdiction 
to enforce such person’s rights under this title.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
tions or proceedings pending on or after the date of 
enactment of this Act. 
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SEC. 11. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is determined 
to be invalid, the remainder of this Act and the application 
of the provision to other persons or circumstances shall 
not be affected. 
Æ 
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