[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4795 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4795
_______________________________________________________________________
AN ACT
To promote new manufacturing in the United States by providing for
greater transparency and timeliness in obtaining necessary permits, 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 ``Promoting New Manufacturing Act''.
SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.
(a) In General.--The Administrator shall, with respect to fiscal
year 2008 and each subsequent fiscal year, publish in a readily
accessible location on the Environmental Protection Agency's public
Website the Agency's estimate of the following:
(1) The total number of preconstruction permits issued
during the fiscal year.
(2) The percentage of such preconstruction permits issued
within one year after the date of filing of a completed
application.
(3) The average length of time for the Agency's
Environmental Appeals Board to issue a final decision on
petitions appealing decisions to grant or deny a
preconstruction permit application.
(b) Initial Publication; Updates.--The Administrator shall--
(1) make the publication required by subsection (a) for
fiscal years 2008 through 2013 not later than 60 days after the
date of enactment of this Act; and
(2) update such publication not less than annually.
(c) Sources of Information.--In carrying out this section:
(1) With respect to information to be published for fiscal
years 2008 through 2013, the Environmental Protection Agency's
estimates shall be based on information that is in the Agency's
possession as of the date of enactment of this Act, including
information in the RACT/BACT/LAER Clearinghouse database.
(2) With respect to information to be published for any
fiscal year, nothing in the section compels the Environmental
Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by
States and local air agencies for the RACT/BACT/LAER
Clearinghouse database.
SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR
REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN
PRECONSTRUCTION PERMITTING.
(a) In General.--In publishing any final rule establishing or
revising a national ambient air quality standard, the Administrator
shall, as the Administrator determines necessary and appropriate to
assist States, permitting authorities, and permit applicants,
concurrently publish 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.
(b) Applicability of Standard to Preconstruction Permitting.--If
the Administrator fails to publish final regulations and guidance 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 Agency has published such
final regulations and guidance.
(c) Rules of Construction.--
(1) After publishing regulations and guidance for
implementing national ambient air quality standards under
subsection (a), nothing in this section shall preclude the
Environmental Protection Agency from issuing subsequent
regulations or guidance to assist States and facilities in
implementing such standards.
(2) Nothing in this section shall be construed to eliminate
the obligation of a preconstruction permit applicant to install
best available control technology and lowest achievable
emissions rate technology, as applicable.
(3) Nothing in this section 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 Federal national ambient air quality
standards established by the Environmental Protection Agency.
SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF
PRECONSTRUCTION PERMITS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to Congress a report--
(1) identifying the activities being undertaken by the
Environmental Protection Agency to increase the efficiency of
the preconstruction permitting process;
(2) identifying the specific reasons for delays in
issuing--
(A) preconstruction permits required under part C
of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond
the one-year statutory deadline mandated by section
165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or
(B) preconstruction permits required under part D
of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond
the one-year period beginning on the date on which the
permit application is determined to be complete;
(3) describing how the Agency is resolving delays in making
completeness determinations for preconstruction permit
applications;
(4) describing how the Agency is resolving processing
delays for preconstruction permits, including any increases in
communication with State and local permitting authorities; and
(5) summarizing and responding to public comments
concerning the report received under subsection (b).
(b) Public Comment.--Before submitting each report required by
subsection (a), the Administrator shall publish a draft report on the
Website of the Environmental Protection Agency and provide the public
with a period of at least 30 days to submit comments on the draft
report.
(c) Sources of Information.--Nothing in this section compels the
Environmental Protection Agency to seek or collect any information in
addition to the information that is voluntarily provided by States and
local air agencies for the RACT/BACT/LAER Clearinghouse database.
SEC. 5. DEFINITIONS.
In this Act:
(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 emissions rate.--The term ``lowest
achievable emissions rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) Major emitting facility; major stationary source.--The
terms ``major emitting facility'' and ``major stationary
source'' have the meaning given to those terms in section
302(j) of the Clean Air Act (42 U.S.C. 7602(j)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard for an air pollutant under section
109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on
or after the date of enactment of this Act.
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under part C or
D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source; and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(7) RACT/BACT/LAER clearinghouse database.--The term
``RACT/BACT/LAER Clearinghouse database'' means the central
database of air pollution technology information that is posted
on the Environmental Protection Agency's Website.
Passed the House of Representatives November 20, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4795
_______________________________________________________________________
AN ACT
To promote new manufacturing in the United States by providing for
greater transparency and timeliness in obtaining necessary permits, and
for other purposes.