Sec. 5. Consideration of cumulative impacts in power plant permitting
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Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) ) is amended by adding after paragraph
(10)the following: A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable. . Section 502 of the Clean Air Act ( 42 U.S.C. 7661a ) is amended by adding at the end the following: Whenever an applicant seeks a permit or renewal of a permit for a fossil fuel-fired power plant, the permitting authority shall require such applicant to utilize a neutral third-party assessor to perform, in consultation with a community intervenor, an analysis of— the cumulative impacts of pollution, including the combined past, present, and reasonably anticipated future emissions, from all stationary or mobile sources, affecting the area within five miles of the fossil fuel-fired power plant proposed to be permitted; 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 adjacent to, such area, the cumulative impacts of pollution, including the combined past, present, and reasonably anticipated future emissions, from all stationary or mobile sources; and alternative projects sourced with air pollution-free renewable energy. One year after this section takes effect and at least every five years thereafter, the permitting authority must ensure that a fossil fuel-fired power plant undergoes a cumulative impacts analysis as described by this subsection if the fossil fuel-fired power plant is— located, or proposed to be located, within one mile of a major source; and not subject to permitting requirements pursuant to this title. A cumulative impacts analysis under subparagraph
(A)shall include consideration of— community demographics and locations of community exposure points, including schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; air quality and any potential effects on that air quality of emissions of air pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; 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 fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; public health and any potential effects on public health from the emissions of pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; the potential adverse impacts on health and well-being of residents of impacted environmental justice communities and populations with heightened vulnerability to pollution and associated health risks, which may be due to socioeconomic characteristics including housing insecurity, barriers to receive quality healthcare or afford health insurance, energy cost burdens that limit use of heat and air conditioning, long-term impacts of siting polluting sources in environmental justice communities, and public disinvestment and redlining; the potential effects of any proposed action on environmental justice communities, including if the action causes or exacerbates a disproportionate or inequitable burden on the environmental justice community; and shall be based on an analysis of data that accurately describes the potential cumulative impacts of the proposed action, and may include a supplemental qualitative analysis. The cumulative impacts analysis under subparagraph
(A)shall include a public engagement and procedural justice process, to include— the active and inclusive solicitation and receipt of, and to the greatest extent practicable, action to address, input and feedback from residents of impacted environmental justice communities and other impacted communities, to be documented and provided to the permitting authority in the final cumulative impacts analysis; documentation and investigation of claims brought by residents of impacted environmental justice communities and impacted communities, including the applicant’s proposed or agreed-upon mitigations, whether and how each claim was addressed, and documentation of the satisfaction or dissatisfaction of such residents with the investigation of claims and corresponding responses, if any; advanced notification to residents of impacted environmental justice communities and other impacted communities through various means including but not limited to written notification, local news advertisements, and canvassers; multiple opportunities for residents of impacted environmental justice communities and other impacted communities to participate; multiple media and formats for participation, including in-person and remote options, which shall include large and small group settings, mail-in feedback opportunities, and other such avenues to ensure that health, socioeconomics, lack of technological resources, and settings that are unwelcoming or unfamiliar to residents of impacted environmental justice communities are not barriers to participation; transmission of a preliminary cumulative impacts analysis at least 30 days in advance of any public comment period or public comment event to— the permitting authority for online publication; community groups and community representatives of impacted environmental justice communities and other impacted communities; and to a reasonable extent, the residents of impacted environmental justice communities and other impacted communities; and in instances in which a resident participating in the process outlined in this paragraph stands to benefit, financially or otherwise, from the permit under consideration, disclosure of such benefit in the final cumulative impacts analysis. Except as provided in paragraph (3), a permitting authority shall not grant a permit or renewal or allow operation of a fossil fuel-fired power plant unless the cumulative impacts analysis under paragraph
(1)indicates a reasonable certainty that such permit, renewal, or operation will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the public engagement and procedural justice process described in paragraph (1)(C) is fulfilled. A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph
(1)indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost. . Section 165 of the Clean Air Act ( 42 U.S.C. 7475 ) is amended by adding at the end the following: Whenever an applicant seeks a permit under this section or renewal of such a permit for a fossil fuel-fired power plant within one mile of a fossil fuel-fired power plant or a major source (as defined in section 112), the permitting authority shall require such applicant to perform an analysis of the cumulative impacts 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 adjacent to, the area in which the fossil fuel-fired power plant to be permitted is, or is proposed to be, located. The provisions of subparagraphs
(B)and
(C)of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph
(1)indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A). . Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act ( 42 U.S.C. 7475 , 7661 et seq.), but for which construction has not commenced as of such date.
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