IB 

Union Calendar No. 363 

113TH CONGRESS 

2D SESSION H. R. 4795 

[Report No. 113–488] 

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 HOUSE OF REPRESENTATIVES 

MAY 30, 2014 

Mr. SCALISE (for himself, Mr. KINZINGER of Illinois, Mr. MCKINLEY, Mr. 

OLSON, Mr. BARTON, Mr. WHITFIELD, Mr. HALL, Mr. CASSIDY, Mr. 

LATTA, Mr. PITTS, Mr. POMPEO, and Mr. BILIRAKIS) introduced the following bill; which was referred to the Committee on Energy and Commerce 

JUNE 23, 2014 

Additional sponsors: Mr. TERRY and Mr. GUTHRIE

JUNE 23, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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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. BUILDING AND MANUFACTURING PROJECTS 

7 DASHBOARD. 

8 (a) IN GENERAL.—The Administrator shall, with re9 spect to fiscal year 2008 and each subsequent fiscal year, 

10 publish in a readily accessible location on the Environ11 mental Protection Agency’s public Website the Agency’s 

12 estimate of the following: 

13 (1) The total number of preconstruction per14 mits issued during the fiscal year. 

15 (2) The percentage of such preconstruction per16 mits issued within one year after the date of filing 

17 of a completed application. 

18 (3) The average length of time for the Agency’s 

19 Environmental Appeals Board to issue a final deci20 sion on petitions appealing decisions to grant or 

21 deny a preconstruction permit application. 

22 (b) INITIAL PUBLICATION; UPDATES.—The Adminis23 trator shall— 

24 (1) make the publication required by subsection 

25 (a) for fiscal years 2008 through 2013 not later 


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1 than 60 days after the date of enactment of this 

2 Act; and 

3 (2) update such publication not less than annu4 ally. 

5 (c) SOURCES OF INFORMATION.—In carrying out this 

6 section: 

7 (1) With respect to information to be published 

8 for fiscal years 2008 through 2013, the Environ9 mental Protection Agency’s estimates shall be based 

10 on information that is in the Agency’s possession as 

11 of the date of enactment of this Act, including infor12 mation in the RACT/BACT/LAER Clearinghouse 

13 database. 

14 (2) With respect to information to be published 

15 for any fiscal year, nothing in the section compels 

16 the Environmental Protection Agency to seek or col17 lect any information in addition to the information 

18 that is voluntarily provided by States and local air 

19 agencies for the RACT/BACT/LAER Clearinghouse 

20 database. 


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1 SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUID2 ANCE TO ADDRESS NEW OR REVISED NA3 TIONAL AMBIENT AIR QUALITY STANDARDS 

4 IN PRECONSTRUCTION PERMITTING. 

5 (a) IN GENERAL.—In publishing any final rule estab6 lishing or revising a national ambient air quality standard, 

7 the Administrator shall, as the Administrator determines 

8 necessary and appropriate to assist States, permitting au9 thorities, and permit applicants, concurrently publish reg10 ulations and guidance for implementing the standard, in11 cluding information relating to submission and consider12 ation of a preconstruction permit application under the 

13 new or revised standard. 

14 (b) APPLICABILITY OF STANDARD TO

15 PRECONSTRUCTION PERMITTING.—If the Administrator 

16 fails to publish final regulations and guidance that include 

17 information relating to submission and consideration of a 

18 preconstruction permit application under a new or revised 

19 national ambient air quality standard concurrently with 

20 such standard, then such standard shall not apply to the 

21 review and disposition of a preconstruction permit 

22 application until the Agency has published such final regu23 lations and guidance. 

24 (c) RULES OF CONSTRUCTION.— 

25 (1) After publishing regulations and guidance 

26 for implementing national ambient air quality standVerDate Mar 15 2010 20:42 Jun 23, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4795.RH H4795

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1 ards under subsection (a), nothing in this section 

2 shall preclude the Environmental Protection Agency 

3 from issuing subsequent regulations or guidance to 

4 assist States and facilities in implementing such 

5 standards. 

6 (2) Nothing in this section shall be construed to 

7 eliminate the obligation of a preconstruction permit 

8 applicant to install best available control technology 

9 and lowest achievable emissions rate technology, as 

10 applicable. 

11 SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE 

12 REVIEW OF PRECONSTRUCTION PERMITS. 

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

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

15 the Administrator shall submit to Congress a report— 

16 (1) identifying the activities being undertaken 

17 by the Environmental Protection Agency to increase 

18 the efficiency of the preconstruction permitting proc19 ess; 

20 (2) identifying the specific reasons for delays in 

21 issuing— 

22 (A) preconstruction permits required under 

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

24 et seq.) beyond the one-year statutory deadline 


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1 mandated by section 165(c) of the Clean Air 

2 Act (42 U.S.C. 7475(c)); or 

3 (B) preconstruction permits required under 

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

5 et seq.) beyond the one-year period beginning 

6 on the date on which the permit application is 

7 determined to be complete; 

8 (3) describing how the Agency is resolving 

9 delays in making completeness determinations for 

10 preconstruction permit applications; 

11 (4) describing how the Agency is resolving proc12 essing delays for preconstruction permits, including 

13 any increases in communication with State and local 

14 permitting authorities; and 

15 (5) summarizing and responding to public com16 ments concerning the report received under sub17 section (b). 

18 (b) PUBLIC COMMENT.—Before submitting each re19 port required by subsection (a), the Administrator shall 

20 publish a draft report on the Website of the Environ21 mental Protection Agency and provide the public with a 

22 period of at least 30 days to submit comments on the draft 

23 report. 

24 (c) SOURCES OF INFORMATION.—Nothing in this sec25 tion compels the Environmental Protection Agency to seek 


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1 or collect any information in addition to the information 

2 that is voluntarily provided by States and local air agen3 cies for the RACT/BACT/LAER Clearinghouse database. 

4 SEC. 5. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) BEST AVAILABLE CONTROL TECH10 NOLOGY.—The term ‘‘best available control tech11 nology’’ has the meaning given to that term in sec12 tion 169(3) of the Clean Air Act (42 U.S.C. 

13 7479(3)). 

14 (3) LOWEST ACHIEVABLE EMISSIONS RATE.— 

15 The term ‘‘lowest achievable emissions rate’’ has the 

16 meaning given to that term in section 171(3) of the 

17 Clean Air Act (42 U.S.C. 7501(3)). 

18 (4) MAJOR EMITTING FACILITY; MAJOR STA19 TIONARY SOURCE.—The terms ‘‘major emitting fa20 cility’’ and ‘‘major stationary source’’ have the 

21 meaning given to those terms in section 302(j) of 

22 the Clean Air Act (42 U.S.C. 7602(j)). 

23 (5) NATIONAL AMBIENT AIR QUALITY STAND24 ARD.—The term ‘‘national ambient air quality 

25 standard’’ means a national ambient air quality 


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1 standard for an air pollutant under section 109 of 

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

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

4 (6) PRECONSTRUCTION PERMIT.—The term 

5 ‘‘preconstruction permit’’— 

6 (A) means a permit that is required under 

7 part C or D of title I of the Clean Air Act (42 

8 U.S.C. 7470 et seq.) for the construction or 

9 modification of a major emitting facility or 

10 major stationary source; and 

11 (B) includes any such permit issued by the 

12 Environmental Protection Agency or a State, 

13 local, or tribal permitting authority. 

14 (7) RACT/BACT/LAER CLEARINGHOUSE

15 DATABASE.—The term ‘‘RACT/BACT/LAER Clear16 inghouse database’’ means the central database of 

17 air pollution technology information that is posted 

18 on the Environmental Protection Agency’s Website. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 363 

113TH CONGRESS 

2D SESSION H. R. 4795 

[Report No. 113–488] 

A BILL 

To promote new manufacturing in the United 

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

JUNE 23, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS