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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
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 ob-
taining necessary permits, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting New Manu-
facturing Act’’. 
SEC. 2. 
BUILDING AND MANUFACTURING PROJECTS 
DASHBOARD. 
(a) IN GENERAL.—The Administrator shall, with re-
spect to fiscal year 2008 and each subsequent fiscal year, 
publish in a readily accessible location on the Environ-
mental Protection Agency’s public Website the Agency’s 
estimate of the following: 
(1) The total number of preconstruction per-
mits issued during the fiscal year. 
(2) The percentage of such preconstruction per-
mits issued within one year after the date of filing 
of a completed application. 
(3) The average length of time for the Agency’s 
Environmental Appeals Board to issue a final deci-
sion on petitions appealing decisions to grant or 
deny a preconstruction permit application. 
(b) INITIAL PUBLICATION; UPDATES.—The Adminis-
trator shall— 
(1) make the publication required by subsection 
(a) for fiscal years 2008 through 2013 not later 
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than 60 days after the date of enactment of this 
Act; and 
(2) update such publication not less than annu-
ally. 
(c) SOURCES OF INFORMATION.—In carrying out this 
section: 
(1) With respect to information to be published 
for fiscal years 2008 through 2013, the Environ-
mental Protection Agency’s estimates shall be based 
on information that is in the Agency’s possession as 
of the date of enactment of this Act, including infor-
mation in the RACT/BACT/LAER Clearinghouse 
database. 
(2) With respect to information to be published 
for any fiscal year, nothing in the section compels 
the Environmental Protection Agency to seek or col-
lect any information in addition to the information 
that is voluntarily provided by States and local air 
agencies for the RACT/BACT/LAER Clearinghouse 
database. 
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SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUID-
ANCE TO ADDRESS NEW OR REVISED NA-
TIONAL AMBIENT AIR QUALITY STANDARDS 
IN PRECONSTRUCTION PERMITTING. 
(a) IN GENERAL.—In publishing any final rule estab-
lishing or revising a national ambient air quality standard, 
the Administrator shall, as the Administrator determines 
necessary and appropriate to assist States, permitting au-
thorities, and permit applicants, concurrently publish reg-
ulations and guidance for implementing the standard, in-
cluding information relating to submission and consider-
ation of a preconstruction permit application under the 
new or revised standard. 
(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 
application until the Agency has published such final regu-
lations and guidance. 
(c) RULES OF CONSTRUCTION.— 
(1) After publishing regulations and guidance 
for implementing national ambient air quality stand-
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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; 
(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 Environ-
mental Protection Agency and provide the public with a 
period of at least 30 days to submit comments on the draft 
report. 
(c) SOURCES OF INFORMATION.—Nothing in this sec-
tion compels the Environmental Protection Agency to seek 
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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: 
(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 EMISSIONS RATE.— 
The term ‘‘lowest achievable emissions 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 
meaning 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 
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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’’— 
(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. 
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Union Calendar No. 363 
113TH CONGRESS 
2D SESSION 
H. R. 4795 
[Report No. 113–488] 
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. 
JUNE 23, 2014 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
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PO 00000
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