(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 applica-
tion 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 stand-
ards 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 emission rate technology, as 
applicable. 
(3) Nothing in this section shall be construed to 
limit the authority of a State, local, or Tribal per-
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mitting 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 proc-
ess; 
(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; 
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(3) describing how the Agency is resolving 
delays in making completeness determinations for 
preconstruction permit applications; 
(4) describing how the Agency is resolving proc-
essing delays for preconstruction permits, including 
any increases in communication with State and local 
permitting authorities; and 
(5) summarizing and responding to public com-
ments concerning the report received under sub-
section (b). 
(b) PUBLIC COMMENT.—Before submitting each re-
port 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 re-
port. 
(c) SOURCES OF INFORMATION.—Nothing in this sec-
tion 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 agen-
cies for the RACT/BACT/LAER Clearinghouse database. 
SEC. 5. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
BEST
AVAILABLE
CONTROL
TECH-
NOLOGY.—The term ‘‘best available control tech-
nology’’ has the meaning given to that term in sec-
tion 169(3) of the Clean Air Act (42 U.S.C. 
7479(3)). 
(3) LOWEST
ACHIEVABLE
EMISSION
RATE.— 
The term ‘‘lowest achievable emission 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
STA-
TIONARY SOURCE.—The terms ‘‘major emitting fa-
cility’’ and ‘‘major stationary source’’ have the 
meanings given to those terms in section 302(j) of 
the Clean Air Act (42 U.S.C. 7602(j)). 
(5) NATIONAL AMBIENT AIR QUALITY STAND-
ARD.—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’’— 
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(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 Clear-
inghouse database’’ means the central database of 
air pollution technology information that is posted 
on the Environmental Protection Agency’s website. 
Æ 
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