Clean Air and Building Infrastructure Improvement Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4214 Introduced in House (IH)]

<DOC>

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).
                                 <all>