[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4214 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4214
To require the Administrator of the Environmental Protection Agency to
publish, concurrently with any final rule establishing or revising a
national ambient air quality standard, regulations and guidance for
implementing the standard, including information relating to submission
and consideration of a preconstruction permit application under the new
or revised standard, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2025
Mr. Allen (for himself, Mr. Carter of Georgia, Mr. Weber of Texas, Mr.
Balderson, Mr. Latta, Mr. Newhouse, and Mr. Griffith) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
publish, concurrently with any final rule establishing or revising a
national ambient air quality standard, regulations and guidance for
implementing the standard, including information relating to submission
and consideration of a preconstruction permit application under the new
or revised standard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Air and Building
Infrastructure Improvement Act''.
SEC. 2. PRECONSTRUCTION PERMITS.
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by
adding at the end the following:
``(e) Timely Issuance of Implementing Regulations and Guidance.--
``(1) In general.--In publishing any final rule
establishing or revising a national ambient air quality
standard, the Administrator shall, to assist States, permitting
authorities, and permit applicants, concurrently publish final
regulations and guidance for implementing the standard,
including information relating to submission and consideration
of a preconstruction permit application under the new or
revised standard.
``(2) Applicability of standard to preconstruction
permitting.--If the Administrator fails to publish final
regulations and guidance under paragraph (1) that include
information relating to submission and consideration of a
preconstruction permit application under a new or revised
national ambient air quality standard concurrently with such
standard, then such standard shall not apply to the review and
disposition of a preconstruction permit application until the
Administrator has published such final regulations and
guidance.
``(3) Rules of construction.--
``(A) Nothing in this subsection shall be construed
to preclude the Administrator from issuing regulations
and guidance to assist States, permitting authorities,
and permit applicants in implementing a national
ambient air quality standard subsequent to publishing
regulations and guidance for such standard under
paragraph (1).
``(B) Nothing in this subsection shall be construed
to eliminate the obligation of a preconstruction permit
applicant to install best available control technology
and lowest achievable emission rate technology, as
applicable.
``(C) Nothing in this subsection shall be construed
to limit the authority of a State, local, or Tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or Tribal law
than national ambient air quality standards.
``(4) Definitions.--In this subsection:
``(A) The term `best available control technology'
has the meaning given to that term in section 169(3).
``(B) The term `lowest achievable emission rate'
has the meaning given to that term in section 171(3).
``(C) The term `preconstruction permit'--
``(i) means a permit that is required under
this title for the construction or modification
of a stationary source; and
``(ii) includes any such permit issued by
the Environmental Protection Agency or a State,
local, or Tribal permitting authority.''.
SEC. 3. CERTAIN PRECONSTRUCTION PERMITS.
(a) In General.--The 2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard shall not apply to the review and
disposition of a preconstruction permit application if--
(1) the Administrator or the State, local, or Tribal
permitting authority, as applicable, determines the application
to be complete on or before the date of promulgation of the
final designation of the area involved under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) with respect to the 2024
Primary Annual Particulate Matter<INF>2.5</INF> Standard; or
(2) the Administrator or the State, local, or Tribal
permitting authority, as applicable, publishes a public notice
of a preliminary determination or draft permit for the
application before the date that is 60 days after the date of
promulgation of the final designation of the area involved
under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
with respect to the 2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard.
(b) Rules of Construction.--Nothing in this section shall be
construed to--
(1) eliminate the obligation of a preconstruction permit
applicant to install best available control technology and
lowest achievable emission rate technology, as applicable; or
(2) limit the authority of a State, local, or Tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or Tribal law than
national ambient air quality standards.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(5) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under title I
of the Clean Air Act (42 U.S.C. 7401 et seq.) for the
construction or modification of a stationary source;
and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
Tribal permitting authority.
(6) 2024 primary annual particulate matter<INF>2.5</INF>
standard.--The term ``2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard'' means the final rule titled
``Reconsideration of the National Ambient Air Quality Standards
for Particulate Matter'' published in the Federal Register on
March 6, 2024 (89 Fed. Reg. 16202).
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