119-hr4214

[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).
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