‘‘(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 insert-
ing the following: ‘‘this Act; and 
‘‘(B) with respect to the issuance or re-
newal of the permit— 
‘‘(i) based on an analysis by the Ad-
ministrator of existing water quality and 
the potential cumulative impacts (as de-
fined in section 501 of the Clean Air Act 
(42 U.S.C. 7661)) of the discharge, consid-
ered 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 im-
pacts, there does not exist a reasonable 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS
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 cer-
tainty 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 appro-
priate.’’ 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 appro-
priate; and 
‘‘(B) additional controls or pollution pre-
vention requirements.’’; and 
(3) in subsection (b)— 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS
(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 poten-
tial cumulative impacts (as defined in section 501 of 
the Clean Air Act (42 U.S.C. 7661)) of the dis-
charge, considered in conjunction with the des-
ignated 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 rea-
sonable 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 insert-
ing ‘‘In this title:’’; 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (5), and (4), respec-
tively, and moving the paragraphs so as to ap-
pear in numerical order; and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu-
lative impacts’ means any exposure, public health or 
environmental risk, or other effect occurring in a 
specific geographical area, including from an emis-
sion or release— 
‘‘(A) including— 
‘‘(i) 
environmental 
pollution 
re-
leased— 
‘‘(I)(aa) routinely; 
‘‘(bb) accidentally; or 
‘‘(cc) otherwise; and 
‘‘(II) from any source, whether 
single or multiple; and 
‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
seeable emissions and discharges affecting 
the geographical area; and 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) evaluated taking into account sen-
sitive populations and socioeconomic factors, 
where applicable.’’. 
(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 re-
newed, 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 gen-
eral population, or to any potentially exposed or 
susceptible subpopulation, of the applicable cen-
sus tracts or Tribal census tracts (as those 
terms are defined by the Director of the Bureau 
of the Census); or 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(B) in paragraph (9)— 
(i) in the fourth sentence, by striking 
‘‘Such permit revision’’ and inserting the 
following: 
‘‘(iii) TREATMENT
AS
RENEWAL.—A 
permit revision under this paragraph’’; 
(ii) in the third sentence, by striking 
‘‘No such revision shall’’ and inserting the 
following: 
‘‘(ii) EXCEPTION.—A revision under 
this paragraph shall not’’; 
(iii) in the second sentence, by strik-
ing ‘‘Such revisions’’ and inserting the fol-
lowing: 
‘‘(B) REVISION REQUIREMENTS.— 
‘‘(i) DEADLINE.—A revision described 
in subparagraph (A)(ii)’’; and 
(iv) by striking the paragraph des-
ignation and all that follows through ‘‘shall 
require’’ in the first sentence and inserting 
the following: 
‘‘(9) MAJOR SOURCES.— 
VerDate Sep 11 2014 
19:32 Jun 05, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2434.IH
H2434
pbinns on DSKJLVW7X2PROD with BILLS