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
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.
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 Matter2.5 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 Matter2.5 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 Matter2.5 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 Matter2.5 Standard
The term 2024 Primary Annual Particulate Matter2.5 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).