I 
119TH CONGRESS 
1ST SESSION H. R. 4214 
To require the Administrator of the Environmental Protection Agency to 
publish, concurrently with any final rule establishing or revising a na-
tional ambient air quality standard, regulations and guidance for imple-
menting the standard, including information relating to submission and 
consideration of a preconstruction permit application under the new 
or revised standard, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2025 
Mr. ALLEN (for himself, Mr. CARTER of Georgia, Mr. WEBER of Texas, Mr. 
BALDERSON, Mr. LATTA, Mr. NEWHOUSE, and Mr. GRIFFITH) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to publish, concurrently with any final rule 
establishing or revising a national ambient air quality 
standard, regulations and guidance for implementing the 
standard, including information relating to submission 
and consideration of a preconstruction permit application 
under the new or revised standard, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Air and Building 
Infrastructure Improvement Act’’. 
SEC. 2. PRECONSTRUCTION PERMITS. 
Section 109 of the Clean Air Act (42 U.S.C. 7409) 
is amended by adding at the end the following: 
‘‘(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA-
TIONS AND GUIDANCE.— 
‘‘(1) IN GENERAL.—In publishing any final rule 
establishing or revising a national ambient air qual-
ity standard, the Administrator shall, to assist 
States, permitting authorities, and permit appli-
cants, concurrently publish final regulations and 
guidance for implementing the standard, including 
information relating to submission and consideration 
of a preconstruction permit application under the 
new or revised standard. 
‘‘(2) 
APPLICABILITY
OF
STANDARD
TO 
PRECONSTRUCTION
PERMITTING.—If the Adminis-
trator fails to publish final regulations and guidance 
under paragraph (1) that include information relat-
ing 
to 
submission 
and 
consideration 
of 
a 
preconstruction permit application under a new or 
revised national ambient air quality standard con-
currently with such standard, then such standard 
shall not apply to the review and disposition of a 
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preconstruction permit application until the Admin-
istrator has published such final regulations and 
guidance. 
‘‘(3) RULES OF CONSTRUCTION.— 
‘‘(A) Nothing in this subsection shall be 
construed to preclude the Administrator from 
issuing regulations and guidance to assist 
States, permitting authorities, and permit appli-
cants in implementing a national ambient air 
quality standard subsequent to publishing regu-
lations and guidance for such standard under 
paragraph (1). 
‘‘(B) Nothing in this subsection shall be 
construed to eliminate the obligation of a 
preconstruction permit applicant to install best 
available control technology and lowest achiev-
able emission rate technology, as applicable. 
‘‘(C) Nothing in this subsection shall be 
construed to limit the authority of a State, 
local, or Tribal permitting authority to impose 
more stringent emissions requirements pursu-
ant to State, local, or Tribal law than national 
ambient air quality standards. 
‘‘(4) DEFINITIONS.—In this subsection: 
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‘‘(A) The term ‘best available control tech-
nology’ has the meaning given to that term in 
section 169(3). 
‘‘(B) The term ‘lowest achievable emission 
rate’ has the meaning given to that term in sec-
tion 171(3). 
‘‘(C) The term ‘preconstruction permit’— 
‘‘(i) means a permit that is required 
under this title for the construction or 
modification of a stationary source; and 
‘‘(ii) includes any such permit issued 
by the Environmental Protection Agency 
or a State, local, or Tribal permitting au-
thority.’’. 
SEC. 3. CERTAIN PRECONSTRUCTION PERMITS. 
(a) IN GENERAL.—The 2024 Primary Annual Partic-
ulate Matter2.5 Standard shall not apply to the review and 
disposition of a preconstruction permit application if— 
(1) the Administrator or the State, local, or 
Tribal permitting authority, as applicable, deter-
mines the application to be complete on or before 
the date of promulgation of the final designation of 
the area involved under section 107(d) of the Clean 
Air Act (42 U.S.C. 7407(d)) with respect to the 
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2024 Primary Annual Particulate Matter2.5 Stand-
ard; or 
(2) the Administrator or the State, local, or 
Tribal permitting authority, as applicable, publishes 
a public notice of a preliminary determination or 
draft permit for the application before the date that 
is 60 days after the date of promulgation of the final 
designation of the area involved under section 
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 
with respect to the 2024 Primary Annual Particu-
late Matter2.5 Standard. 
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
(1) eliminate the obligation of a preconstruction 
permit applicant to install best available control 
technology and lowest achievable emission rate tech-
nology, as applicable; or 
(2) limit the authority of a State, local, or Trib-
al permitting authority to impose more stringent 
emissions requirements pursuant to State, local, or 
Tribal law than national ambient air quality stand-
ards. 
(c) DEFINITIONS.—In this section: 
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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) NATIONAL AMBIENT AIR QUALITY STAND-
ARD.—The term ‘‘national ambient air quality 
standard’’ means a national ambient air quality 
standard promulgated under section 109 of the 
Clean Air Act (42 U.S.C. 7409). 
(5) PRECONSTRUCTION
PERMIT.—The term 
‘‘preconstruction permit’’— 
(A) means a permit that is required under 
title I of the Clean Air Act (42 U.S.C. 7401 et 
seq.) for the construction or modification of a 
stationary source; and 
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(B) includes any such permit issued by the 
Environmental Protection Agency or a State, 
local, or Tribal permitting authority. 
(6) 2024 PRIMARY ANNUAL PARTICULATE MAT-
TER2.5 STANDARD.—The term ‘‘2024 Primary An-
nual Particulate Matter2.5 Standard’’ means the 
final rule titled ‘‘Reconsideration of the National 
Ambient Air Quality Standards for Particulate Mat-
ter’’ published in the Federal Register on March 6, 
2024 (89 Fed. Reg. 16202). 
Æ 
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