H.R. 4214: Clean Air and Building Infrastructure Improvement Act

This bill, known as the Clean Air and Building Infrastructure Improvement Act, aims to amend the Clean Air Act to require the Environmental Protection Agency (EPA) to publish guidelines and regulations whenever new or revised national ambient air quality standards are established. The key components of this legislation include:

Preconstruction Permits

The bill specifies that when the EPA publishes a final rule for a national ambient air quality standard, it must also publish final regulations and guidance at the same time. This is intended to assist states, permitting authorities, and applicants in understanding how to comply with these new or changed standards. Specifically, it ensures:

• Guidance on submitting and reviewing preconstruction permit applications must be made available concurrently with the new standards.
• If the EPA does not issue this guidance alongside the new standards, those standards will not be applicable to permit applications until guidance is published.
• The EPA retains the ability to provide further regulations or guidance even after the initial publication.

Impact on the 2024 Primary Annual Particulate Matter Standard

The bill states that the 2024 Primary Annual Particulate Matter (PM_2.5) Standard will not influence the review of preconstruction permit applications if:

• The relevant authority deems the application complete by the time the PM_2.5 standard is officially published, or
• A preliminary determination or draft permit regarding the application is publicly announced within 60 days following the PM_2.5 standard's publication.

Obligations and Authority of Permitting Authorities

Among other provisions, the bill clarifies that:

• The obligation for applicants to utilize the best available control technology and the lowest achievable emission rate remains unchanged.
• State, local, or Tribal authorities are not prevented from implementing stricter emissions requirements beyond national standards.

Definitions

Various specific terms within the bill, such as "best available control technology," "lowest achievable emission rate," "preconstruction permit," and the "2024 Primary Annual Particulate Matter Standard," are defined according to existing laws to maintain consistency and clarity.

Implementation Goals

The overall goal of this bill is to ensure a more coordinated and timely implementation of air quality standards, providing necessary guidance to those involved in preconstruction permitting to effectively navigate compliance with new environmental regulations.

Relevant Companies

• DOW (Dow Inc.) - As a chemicals manufacturing company, it may be directly affected by new emissions standards requiring updated technology for compliance.
• GE (General Electric Company) - Involved in energy production and infrastructure, it could face changes in permitting processes impacting project timelines and costs.
• XOM (Exxon Mobil Corporation) - As a major oil and gas company, any new air quality standards could require modifications to their operational practices and emissions reporting.