8. Consideration of cumulative impacts and persistent violations in certain permitting decisions (a) Federal Water Pollution Control Act Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended— (1) by striking the section designation and heading and all that follows through Except as in subsection (a)(1) and inserting the following: 402. National pollutant discharge elimination system (a) Permits issued by Administrator (1) In general Except as