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:’’; 
(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 to a public 
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health or environmental risk, or other effect occur-
ring in a specific geographical area, including from 
an emission, discharge, 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 
‘‘(B) evaluated taking into account sen-
sitive populations and other factors that may 
heighten vulnerability to environmental pollu-
tion and associated health risks, including so-
cioeconomic characteristics.’’. 
(2) PERMIT PROGRAMS.—Section 502(b) of the 
Clean Air Act (42 U.S.C. 7661a(b)) is amended— 
(A) in paragraph (5)— 
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(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 de-
termines under paragraph (9)(A)(i)(II)(bb) 
that the terms and conditions of the per-
mit 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 insert-
ing the following: 
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‘‘(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 permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
‘‘(I) evaluate the potential cumu-
lative impacts of the major source, as 
described in the applicable cumulative 
impacts analysis submitted under sec-
tion 503(b)(3), taking into consider-
ation 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 pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census block groups or Tribal census 
block groups (as those terms are de-
fined by the Director of the Bureau of 
the Census) located in, or immediately 
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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 
addi-
tional controls or pollution pre-
vention requirements) as the per-
mitting authority determines to 
be necessary to ensure a reason-
able certainty of no such harm; 
or 
‘‘(bb) if the permitting au-
thority 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 per-
mit; 
‘‘(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-
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tablish by not later than 180 days 
after the date of enactment of the Cu-
mulative Impacts Act of 2023; 
‘‘(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 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, 
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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 regula-
tions 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 com-
plies with the requirements of this title re-
garding 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 
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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 pol-
lutants that could contaminate soil or water from 
the major source, including in combination with ex-
isting sources of pollutants; and 
‘‘(D) public health and any potential effects on 
public health from the major source.’’. 
Æ 
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