[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1855 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1855

  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

                             March 11, 2021

 Mr. Scalise introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.

    (a) In General.--The Administrator shall, with respect to fiscal 
year 2016 and each subsequent fiscal year, publish in a readily 
accessible location on the Environmental Protection Agency's public 
website the Agency's estimate of the following:
            (1) The total number of preconstruction permits issued 
        during the fiscal year.
            (2) The percentage of such preconstruction permits 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 decision on 
        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 2016 through 2020 not later than 60 days after the 
        date of enactment of this Act; and
            (2) update such publication not less than annually.
    (c) Sources of Information.--In carrying out this section:
            (1) With respect to information to be published for fiscal 
        years 2016 through 2020, the Environmental 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 
        information in the RACT/BACT/LAER Clearinghouse database.
            (2) With respect to information to be published for any 
        fiscal year, 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.

SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR 
              REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN 
              PRECONSTRUCTION PERMITTING.

    (a) In General.--In publishing any final rule establishing or 
revising a national ambient air quality standard, the Administrator 
shall, as the Administrator determines necessary and appropriate to 
assist States, permitting authorities, and permit applicants, 
concurrently publish 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.--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 regulations and guidance.
    (c) Rules of Construction.--
            (1) After publishing regulations and guidance for 
        implementing national ambient air quality standards 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 permitting 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 process;
            (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;
            (3) describing how the Agency is resolving delays in making 
        completeness determinations for preconstruction permit 
        applications;
            (4) describing how the Agency is resolving processing 
        delays for preconstruction permits, including any increases in 
        communication with State and local permitting authorities; and
            (5) summarizing and responding to public comments 
        concerning the report received under subsection (b).
    (b) Public Comment.--Before submitting each report 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 
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.

SEC. 5. 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 to that 
        term in section 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 stationary source.--The 
        terms ``major emitting facility'' 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 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.--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 Clearinghouse database'' means the central 
        database of air pollution technology information that is posted 
        on the Environmental Protection Agency's website.
                                 <all>