H.R. 6373: Air Permitting Improvements to Protect National Security Act of 2025

This bill, titled the Air Permitting Improvements to Protect National Security Act of 2025, proposes amendments to the Clean Air Act that would allow the President of the United States to waive certain air pollution emission offset requirements for specific types of facilities under certain conditions. Here’s a breakdown of what the bill entails:

Key Provisions

• Presidential Waiver Authority: The President can waive the requirement for advanced manufacturing facilities or critical mineral facilities to offset increased emissions of air pollutants. This can be done if the President determines that waiving such requirements is in the national security interests of the United States.
• Types of Facilities Covered:
  • Advanced Manufacturing Facilities: These are primarily focused on manufacturing semiconductors or semiconductor manufacturing equipment.
  • Critical Mineral Facilities: These focus on the extraction, processing, refining, or milling of critical minerals, which are designated by the Secretary of the Interior.
• Alternative Emission Offsets: For new or modified major stationary sources that are categorized as advanced manufacturing or critical mineral facilities, there are provisions for alternative ways to offset emissions. States are required to allow emissions offsets through innovative means if the facilities demonstrate they have utilized all reasonable methods for obtaining offsets and cannot find sufficient offsets in the market.
• Emissions Fees: If alternative measures cannot be imposed, the permitting authority may charge an emissions fee. This fee will be capped at 1.5 times the average cost of stationary source control measures in the area over the past three years. The collected fees should be used by the permitting authority to maximize emissions reductions locally.

Implementation Conditions

The bill stipulates that:

• The facility must demonstrate it has made every effort to use available offsets for any additional emissions beyond allowable levels.
• States must ensure that permitting processes consider the national security implications when granting such waivers.

Definition Clarifications

The bill includes definitions to clarify what constitutes:

• Advanced Manufacturing Facility: A facility primarily focused on semiconductor or semiconductor manufacturing equipment production.
• Critical Mineral Facility: A facility primarily dedicated to the extraction, processing, or refining of critical minerals.

Purpose of the Bill

The overarching aim of the bill is to enhance national security by facilitating the growth and operation of critical manufacturing activities that are deemed essential. By providing flexibility in emissions regulations for specific facilities, it seeks to support industries vital to U.S. competitiveness and security.

Relevant Companies

• TSMC (Taiwan Semiconductor Manufacturing Company): As a major player in semiconductor manufacturing, TSMC could benefit from the flexibility in emissions regulations, potentially allowing for faster expansion and operational adjustments without the burden of strict offset requirements.
• INTC (Intel Corporation): Intel, a key U.S. semiconductor manufacturer, may see advantages in the form of increased production capabilities as emissions regulations could be waived if they align with national security interests.
• MP Materials Corp.: As a supplier of critical minerals, changes in emissions requirements could facilitate operations and processing activities, aiding their capacity to meet growing demand for rare earth minerals.