II 

114TH CONGRESS 

1ST SESSION S. 1425 

To promote new manufacturing in the United States by providing for greater 

transparency and timeliness in obtaining necessary permits, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2015 

Mrs. CAPITO introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To promote new manufacturing in the United States by 

providing for greater transparency and timeliness in obtaining necessary permits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting New Manu5 facturing Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) BEST AVAILABLE CONTROL TECH5 NOLOGY.—The term ‘‘best available control tech6 nology’’ has the meaning given the term in section 

7 169 of the Clean Air Act (42 U.S.C. 7479). 

8 (3) LOWEST ACHIEVABLE EMISSION RATE.— 

9 The term ‘‘lowest achievable emission rate’’ has the 

10 meaning given the term in section 171 of the Clean 

11 Air Act (42 U.S.C. 7501). 

12 (4) MAJOR EMITTING FACILITY; MAJOR STA13 TIONARY SOURCE.—The terms ‘‘major emitting fa14 cility’’ and ‘‘major stationary source’’ have the 

15 meaning given those terms in section 302 of the 

16 Clean Air Act (42 U.S.C. 7602). 

17 (5) NATIONAL AMBIENT AIR QUALITY STAND18 ARD.—The term ‘‘national ambient air quality 

19 standard’’ means a national ambient air quality 

20 standard for an air pollutant under section 109 of 

21 the Clean Air Act (42 U.S.C. 7409) that is finalized 

22 on or after the date of enactment of this Act. 

23 (6) PRECONSTRUCTION PERMIT.— 

24 (A) IN GENERAL.—The term ‘‘precon25 struction permit’’ means a permit that is reVerDate Sep 11 2014 04:45 May 30, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1425.IS S1425

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1 quired under part C or D of title I of the Clean 

2 Air Act (42 U.S.C. 7470 et seq.) for the con3 struction or modification of a major emitting 

4 facility or major stationary source. 

5 (B) INCLUSIONS.—The term ‘‘precon6 struction permit’’ includes any permit described 

7 in subparagraph (A) that is issued by— 

8 (i) the Environmental Protection A9 gency; or 

10 (ii) a State, local, or tribal permitting 

11 authority. 

12 (7) RACT/BACT/LAER CLEARINGHOUSE

13 DATABASE.—The term ‘‘RACT/BACT/LAER Clear14 inghouse database’’ means the central database of 

15 air pollution technology information that is posted 

16 on the Internet website of the Environmental Pro17 tection Agency. 

18 SEC. 3. BUILDING AND MANUFACTURING PROJECTS DASH19 BOARD. 

20 (a) IN GENERAL.—For fiscal year 2008 and each fis21 cal year thereafter, the Administrator shall publish in a 

22 readily accessible location on the Internet website of the 

23 Environmental Protection Agency an estimate by the Ad24 ministrator of, with respect to the applicable fiscal year— 


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1 (1) the total number of preconstruction permits 

2 issued by the Environmental Protection Agency; 

3 (2) the percentage of those preconstruction per4 mits issued by the date that is 1 year after the date 

5 of filing of completed applications for the permits; 

6 and 

7 (3) the average length of time required for the 

8 Environmental Appeals Board of the Environmental 

9 Protection Agency to issue a final decision regarding 

10 petitions appealing decisions to grant or deny a 

11 preconstruction permit application. 

12 (b) INITIAL PUBLICATION; UPDATES.—The Adminis13 trator shall— 

14 (1) make the publication required by subsection 

15 (a) for fiscal years 2008 through 2014 by not later 

16 than 60 days after the date of enactment of this 

17 Act; and 

18 (2) update that publication not less frequently 

19 than annually. 

20 (c) SOURCES OF INFORMATION.— 

21 (1) FISCAL YEARS 2008 THROUGH 2014.—In car22 rying out this section with respect to the information 

23 required to be published for fiscal years 2008 

24 through 2014, the estimates of the Administrator 

25 shall be based on information in the possession of 


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1 the Administrator as of the date of enactment of 

2 this Act, including information in the RACT/BACT/ 

3 LAER Clearinghouse database. 

4 (2) NO REQUIREMENT TO COLLECT ADDI5 TIONAL INFORMATION.—Nothing in this section re6 quires the Administrator to seek or collect any infor7 mation in addition to the information that is volun8 tarily provided by States and local air agencies for 

9 the RACT/BACT/LAER Clearinghouse database 

10 with respect to the information required to be pub11 lished under this section for any fiscal year. 

12 SEC. 4. TIMELY ISSUANCE OF REGULATIONS AND GUID13 ANCE TO ADDRESS NEW OR REVISED NA14 TIONAL AMBIENT AIR QUALITY STANDARDS 

15 IN PRECONSTRUCTION PERMITTING. 

16 (a) PROPOSED REGULATIONS.—In publishing any 

17 final rule establishing or revising a national ambient air 

18 quality standard, the Administrator shall, as the Adminis19 trator determines to be necessary and appropriate to as20 sist States, permitting authorities, and permit applicants, 

21 concurrently publish proposed regulations and guidance 

22 for implementing the standard, including information re23 lating to submission and consideration of a preconstruct24 ion permit application under the new or revised standard. 


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1 (b) APPLICABILITY OF STANDARD TO

2 PRECONSTRUCTION PERMITTING.—A new or revised 

3 national ambient air quality standard shall not apply to 

4 the review and disposition of a preconstruction permit ap5 plication until the Administrator publishes final implemen6 tation regulations and guidance that include information 

7 relating to submission and consideration of a precon8 struction permit application under the standard. 

9 (c) EFFECT OF SECTION.— 

10 (1) IN GENERAL.—After publishing regulations 

11 and guidance for implementing national ambient air 

12 quality standards under subsection (a), nothing in 

13 this section precludes the Administrator from 

14 issuing subsequent regulations or guidance to assist 

15 States and facilities in implementing those stand16 ards. 

17 (2) REQUIREMENTS OF APPLICANTS.—Nothing 

18 in this section eliminates the obligation of a 

19 preconstruction permit applicant to install best avail20 able control technology and lowest achievable emis21 sion rate technology, as applicable. 

22 (3) STATE, LOCAL, AND TRIBAL AUTHORITY.— 

23 Nothing in this section limits the authority of a 

24 State, local, or tribal permitting authority to impose 

25 emission requirements pursuant to State, local, or 


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1 tribal law that are more stringent than the applica2 ble Federal national ambient air quality standards 

3 established by the Environmental Protection Agency. 

4 SEC. 5. REPORT TO CONGRESS REGARDING ACTIONS TO 

5 EXPEDITE REVIEW OF PRECONSTRUCTION 

6 PERMITS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, and annually thereafter, 

9 the Administrator shall submit to Congress a report that, 

10 with respect to the period covered by the report— 

11 (1) identifies the activities carried out by the 

12 Environmental Protection Agency to increase the ef13 ficiency of the preconstruction permitting process; 

14 (2) identifies the specific reasons for delays in 

15 issuing— 

16 (A) preconstruction permits required under 

17 part C of the Clean Air Act (42 U.S.C. 7470 

18 et seq.) beyond the 1-year deadline mandated 

19 by section 165(c) of that Act (42 U.S.C. 

20 7475(c)); or 

21 (B) preconstruction permits required under 

22 part D of the Clean Air Act (42 U.S.C. 7501 

23 et seq.) beyond the 1-year period beginning on 

24 the date on which the permit application is de25 termined to be complete; 


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1 (3) describes the means by which the Adminis2 trator is resolving— 

3 (A) delays in making completeness deter4 minations for preconstruction permit applica5 tions; and 

6 (B) processing delays for preconstruction 

7 permits, including any increases in communica8 tion with State and local permitting authorities; 

9 and 

10 (4) summarizes and responds to public com11 ments received under subsection (b) concerning the 

12 report. 

13 (b) PUBLIC COMMENT.—Before submitting a report 

14 required by subsection (a), the Administrator shall— 

15 (1) publish on the Internet website of the Envi16 ronmental Protection Agency a draft of the report; 

17 and 

18 (2) provide to the public a period of not less 

19 than 30 days to submit comments regarding the 

20 draft report. 

21 (c) SOURCES OF INFORMATION.—Nothing in this sec22 tion compels the Environmental Protection Agency to seek 

23 or collect any information in addition to the information 


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1 that is voluntarily provided by States and local air agen2 cies for the RACT/BACT/LAER Clearinghouse database. 

Æ 


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