H.R. 4214

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

<DOC>

Union Calendar No. 543
119th CONGRESS
2d Session
H. R. 4214

[Report No. 119-626]

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

April 28, 2026

Additional sponsor: Mr. Obernolte

April 28, 2026

Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed

_______________________________________________________________________

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).
Union Calendar No. 543

119th CONGRESS

2d Session

H. R. 4214

[Report No. 119-626]

_______________________________________________________________________

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.

_______________________________________________________________________

April 28, 2026

Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed