H.R. 6373 — Air Permitting Improvements to Protect National Security Act of 2025

This section amends Section 173 of the Clean Air Act, which governs permits for new or modified major stationary sources in nonattainment areas (i.e., areas not meeting national ambient air quality standards) and requires such sources to obtain emission offsets from existing sources to ensure reasonable further progress toward attainment, by making the following changes for advanced manufacturing facilities (i.e., facilities primarily manufacturing semiconductors or semiconductor manufacturing equipment) and critical mineral facilities (i.e., facilities primarily extracting, processing, refining, or milling critical minerals, as designated by the Secretary of the Interior): (1) adding subsection (c)(3) to authorize the President—upon application by the facility owner or operator—to waive, in whole or in part, any offset requirement under this part if determined to be in the national security interests of the United States, with no delegation of such determination permitted; and (2) adding subsection (f) to require state permitting authorities to allow such facilities to offset emissions increases beyond allowable levels by alternative or innovative means if the facility demonstrates it has used all reasonable efforts to obtain sufficient traditional offsets (as determined annually), with the authority imposing either alternative offset measures or an emissions fee of no greater than 1.5 times the average cost of stationary source control measures adopted in the area during the previous three years (to be used to maximize emissions reductions in the area). (Thus, these facilities face eased offset requirements to facilitate permitting in nonattainment areas.)