Sec. 3. Avoiding cumulative impacts on overburdened communities
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Section 501 of the Clean Air Act ( 42 U.S.C. 7661 ) is amended— in the matter preceding paragraph (1), by striking As used in this title— and inserting In this title: ; by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and by inserting after paragraph
(2)the following: The term overburdened census tract means a census tract that— has been identified within the National Air Toxics Assessment published by the Administrator as having a greater than 100 in 1,000,000 total cancer risk; or has been determined to have an annual mean concentration of PM 2.5 of greater than 8 micrograms per cubic meter, as determined over the most recent 3-year period for which data are available. . Section 502 of the Clean Air Act ( 42 U.S.C. 7661a ) is amended— in subsection (a), in the first sentence, by striking parts
(C)or
(D)and inserting part
(C)or
(D); in subsection (b)— in the matter preceding paragraph (1)— in the first sentence, by striking The Administrator and inserting Except for the requirements described in paragraphs
(11)and (12), the Administrator ; and in the second sentence, by striking These and inserting For the requirements described in paragraphs
(11)and (12), the Administrator shall promulgate the regulations required by those paragraphs as soon as practicable after the date of enactment of the ; Environmental Justice Legacy Pollution Cleanup Act of 2020 . Those in paragraph (3)(B)(i), by striking subparagraphs
(ii)through
(v)of this subparagraph and inserting clauses
(ii)through
(v); in paragraph (10), in the matter before the proviso, by striking total emissions: and inserting total emissions): ; and by adding at the end the following: After the date of enactment of the Environmental Justice Legacy Pollution Cleanup Act of 2020 , no permit shall be granted by a permitting authority for a proposed major source that would be located in an overburdened census tract. After January 1, 2025, no permit for a major source in an overburdened census tract shall be renewed. . Title V of the Clean Air Act ( 42 U.S.C. 7661 et seq.) is amended by adding at the end the following: Not later than 30 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register a list of overburdened census tracts. On an annual basis, the Administrator shall update the list under subsection
(a)based on the most recently available modeling and monitoring data. . The table of contents for title V of the Clean Air Act (69 Stat. 322, chapter 360; 104 Stat. 2635) is amended by adding after the item relating to section 507 the following: Sec. 508. List of overburdened census tracts. .
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Sec. 3
Avoiding cumulative impacts on overburdened communities
Stat.104 Stat. 2635
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