H.R. 4214 — Clean Air and Building Infrastructure Improvement Act

This section requires the EPA Administrator, when publishing a final rule establishing or revising a national ambient air quality standard (NAAQS), to concurrently publish final implementing regulations and guidance, including information on preconstruction permit applications under the new or revised standard, to assist states, permitting authorities, and applicants. If such regulations and guidance are not published concurrently, the NAAQS does not apply to preconstruction permit reviews until they are published. (As background, NAAQS under Clean Air Act §109 set allowable pollutant levels to protect public health with a margin of safety and public welfare; preconstruction permits, required for major new or modified stationary sources, incorporate NAAQS via prevention of significant deterioration and nonattainment new source review programs.) The provision specifies rules of construction preserving the ability to issue later guidance, requirements to install best available control technology or lowest achievable emission rate (as applicable), and state/local/tribal authority for stricter standards; it also defines relevant terms.

This section provides that the 2024 Primary Annual Particulate Matter 2.5 Standard—promulgated under Clean Air Act section 109 (42 U.S.C. 7409) via a March 6, 2024, final rule (89 Fed. Reg. 16202)—does not apply to review and issuance of preconstruction permits (i.e., Clean Air Act Title I permits for new or modified stationary sources) if (1) the application is deemed complete on or before EPA's final area designation under Clean Air Act section 107(d) (42 U.S.C. 7407(d)) for that standard, or (2) public notice of a preliminary determination or draft permit is published within 60 days after such designation. (As background, such designations classify areas as attainment or nonattainment for a NAAQS, triggering stricter new source review permitting requirements—such as lowest achievable emission rate—in nonattainment areas.) This section further specifies that the exemption does not eliminate requirements to install best available control technology or lowest achievable emission rate, as applicable, or limit state, local, or tribal authorities from imposing stricter emission limits under their laws.