cumulative impacts in pollution permitting decisions has resulted in the inequitable distribution of pollution across regions and overburdening of certain communities. (13) Federal Government inaction has forced some State and local governments to act on their own to regulate cumulative impacts, including California and New Jersey, creating a patchwork of cumulative impact regulations across the country. (14) The Federal Government is aware of the importance of cumulative impact assessment in other types of environmental review, such as with environmental assessments conducted under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (15) The Federal Government should adopt and operationalize cumulative impact assessment in all pollution permitting decisions, especially in overburdened communities, and should deny permits that create a reasonable certainty of harm to communities. 3. 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