Clean Air and Building Infrastructure Improvement Act
Sponsored By: Representative Allen
In Committee
Summary
Requires the Environmental Protection Agency (EPA) to publish implementation rules and guidance at the same time as any final national ambient air quality standard (NAAQS). If the EPA does not publish that implementing material at the same time, the new standard cannot be used in the review or disposition of preconstruction permit applications until the implementing regulations and guidance are published.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Costs for preconstruction permit applicants
If enacted, the bill would define "best available control technology" and "lowest achievable emission rate" by reference to Clean Air Act sections 169(3) and 171(3). It would also make clear that nothing in the new rules would eliminate a permit applicant's obligation to install BACT or LAER when those controls apply. State, local, or Tribal permitting authorities would still be allowed to impose emissions limits that are stricter than national standards. These provisions would preserve or reinforce costly control requirements for businesses building or modifying stationary sources.
2024 fine particle permit exemptions
If enacted, the 2024 Primary Annual PM2.5 standard (the final rule published March 6, 2024) would not apply to review of a preconstruction permit application if one of two timing tests is met. Test one: EPA or the applicable State, local, or Tribal permitting authority published a public notice of a preliminary determination or draft permit before the date that is 60 days after promulgation of the area's final designation under Clean Air Act section 107(d). Test two: EPA or the applicable permitting authority determined the application complete on or before the area's final designation date. Either EPA or the relevant State, local, or Tribal authority may make these findings.
EPA must publish permit guidance
If enacted, the EPA Administrator would have to publish final rules and guidance explaining how to implement any new or revised national air quality standard at the same time the standard is finalized. That guidance must include information about submitting and reviewing preconstruction permit applications. If EPA does not publish the guidance when it issues a final standard, the new standard would not apply to the review of a pending preconstruction permit application until EPA publishes the required rules and guidance. This would give permitting authorities and applicants clearer steps and a temporary delay in applying a new standard while EPA issues implementation materials.
Sponsors & CoSponsors
Sponsor
Allen
GA • R
Cosponsors
Rep. Carter, Earl L. "Buddy" [R-GA-1]
GA • R
Sponsored 6/27/2025
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 6/27/2025
Balderson
OH • R
Sponsored 6/27/2025
Latta
OH • R
Sponsored 6/27/2025
Rep. Newhouse, Dan [R-WA-4]
WA • R
Sponsored 6/27/2025
Rep. Griffith, H. Morgan [R-VA-9]
VA • R
Sponsored 6/27/2025
Obernolte
CA • R
Sponsored 7/21/2025
Roll Call Votes
No roll call votes available for this bill.
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