[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting New Manufacturing Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best available control technology.--The term ``best 
        available control technology'' has the meaning given the term 
        in section 169 of the Clean Air Act (42 U.S.C. 7479).
            (3) Lowest achievable emission rate.--The term ``lowest 
        achievable emission rate'' has the meaning given the term in 
        section 171 of the Clean Air Act (42 U.S.C. 7501).
            (4) Major emitting facility; major stationary source.--The 
        terms ``major emitting facility'' and ``major stationary 
        source'' have the meaning given those terms in section 302 of 
        the Clean Air Act (42 U.S.C. 7602).
            (5) National ambient air quality standard.--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.--
                    (A) In general.--The term ``preconstruction 
                permit'' 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.
                    (B) Inclusions.--The term ``preconstruction 
                permit'' includes any permit described in subparagraph 
                (A) that is issued by--
                            (i) the Environmental Protection Agency; or
                            (ii) a State, local, or tribal permitting 
                        authority.
            (7) RACT/BACT/LAER clearinghouse database.--The term 
        ``RACT/BACT/LAER Clearinghouse database'' means the central 
        database of air pollution technology information that is posted 
        on the Internet website of the Environmental Protection Agency.

SEC. 3. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.

    (a) In General.--For fiscal year 2008 and each fiscal year 
thereafter, the Administrator shall publish in a readily accessible 
location on the Internet website of the Environmental Protection Agency 
an estimate by the Administrator of, with respect to the applicable 
fiscal year--
            (1) the total number of preconstruction permits issued by 
        the Environmental Protection Agency;
            (2) the percentage of those preconstruction permits issued 
        by the date that is 1 year after the date of filing of 
        completed applications for the permits; and
            (3) the average length of time required for the 
        Environmental Appeals Board of the Environmental Protection 
        Agency to issue a final decision regarding petitions appealing 
        decisions to grant or deny a preconstruction permit 
        application.
    (b) Initial Publication; Updates.--The Administrator shall--
            (1) make the publication required by subsection (a) for 
        fiscal years 2008 through 2014 by not later than 60 days after 
        the date of enactment of this Act; and
            (2) update that publication not less frequently than 
        annually.
    (c) Sources of Information.--
            (1) Fiscal years 2008 through 2014.--In carrying out this 
        section with respect to the information required to be 
        published for fiscal years 2008 through 2014, the estimates of 
        the Administrator shall be based on information in the 
        possession of the Administrator as of the date of enactment of 
        this Act, including information in the RACT/BACT/LAER 
        Clearinghouse database.
            (2) No requirement to collect additional information.--
        Nothing in this section requires the Administrator to seek or 
        collect any information in addition to the information that is 
        voluntarily provided by States and local air agencies for the 
        RACT/BACT/LAER Clearinghouse database with respect to the 
        information required to be published under this section for any 
        fiscal year.

SEC. 4. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR 
              REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN 
              PRECONSTRUCTION PERMITTING.

    (a) Proposed Regulations.--In publishing any final rule 
establishing or revising a national ambient air quality standard, the 
Administrator shall, as the Administrator determines to be necessary 
and appropriate to assist States, permitting authorities, and permit 
applicants, concurrently publish proposed 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.
    (b) Applicability of Standard to Preconstruction Permitting.--A new 
or revised national ambient air quality standard shall not apply to the 
review and disposition of a preconstruction permit application until 
the Administrator publishes final implementation regulations and 
guidance that include information relating to submission and 
consideration of a preconstruction permit application under the 
standard.
    (c) Effect of Section.--
            (1) In general.--After publishing regulations and guidance 
        for implementing national ambient air quality standards under 
        subsection (a), nothing in this section precludes the 
        Administrator from issuing subsequent regulations or guidance 
        to assist States and facilities in implementing those 
        standards.
            (2) Requirements of applicants.--Nothing in this section 
        eliminates the obligation of a preconstruction permit applicant 
        to install best available control technology and lowest 
        achievable emission rate technology, as applicable.
            (3) State, local, and tribal authority.--Nothing in this 
        section limits the authority of a State, local, or tribal 
        permitting authority to impose emission requirements pursuant 
        to State, local, or tribal law that are more stringent than the 
        applicable Federal national ambient air quality standards 
        established by the Environmental Protection Agency.

SEC. 5. REPORT TO CONGRESS REGARDING 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 that, with respect to the period covered by 
the report--
            (1) identifies the activities carried out by the 
        Environmental Protection Agency to increase the efficiency of 
        the preconstruction permitting process;
            (2) identifies 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 1-year deadline mandated by section 165(c) of that 
                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 1-year period beginning on the date on which the 
                permit application is determined to be complete;
            (3) describes the means by which the Administrator is 
        resolving--
                    (A) delays in making completeness determinations 
                for preconstruction permit applications; and
                    (B) processing delays for preconstruction permits, 
                including any increases in communication with State and 
                local permitting authorities; and
            (4) summarizes and responds to public comments received 
        under subsection (b) concerning the report.
    (b) Public Comment.--Before submitting a report required by 
subsection (a), the Administrator shall--
            (1) publish on the Internet website of the Environmental 
        Protection Agency a draft of the report; and
            (2) provide to the public a period of not less than 30 days 
        to submit comments regarding the draft report.
    (c) Sources of Information.--Nothing in this section 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 agencies for the RACT/BACT/LAER Clearinghouse database.
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