Clean Air and Building Infrastructure Improvement Act
Summary
The Clean Air and Building Infrastructure Improvement Act aims to streamline the implementation of national ambient air quality standards (NAAQS) by requiring the EPA to publish regulations and guidance concurrently with any new or revised standards. This includes information on preconstruction permit applications. The bill also provides a specific exemption for certain preconstruction permit applications related to the 2024 Primary Annual Particulate Matter standard.
Specifically, the Act stipulates that if the EPA fails to issue timely guidance, the new or revised NAAQS will not apply to preconstruction permit applications until such guidance is available. This aims to prevent delays and uncertainty in the permitting process.
The bill includes rules of construction clarifying that it does not eliminate the requirement to install best available control technology or lowest achievable emission rate technology, nor does it limit the authority of state, local, or tribal entities to impose more stringent emissions requirements.
Expected Effects
The likely effect of this bill is to provide more certainty and predictability in the preconstruction permitting process for stationary sources of air pollution. By requiring concurrent publication of regulations and guidance, the bill seeks to avoid situations where new air quality standards are in place without clear implementation procedures.
This could lead to faster permitting times and reduced compliance costs for businesses. However, it could also potentially delay the implementation of stricter air quality standards if the EPA struggles to meet the concurrent publication requirement.
Furthermore, the exemption for certain preconstruction permits related to the 2024 particulate matter standard could allow some projects to proceed under less stringent requirements, at least temporarily.
Potential Benefits
- Provides regulatory certainty for businesses seeking preconstruction permits.
- Streamlines the permitting process, potentially reducing delays and costs.
- Ensures that permitting authorities have clear guidance when implementing new air quality standards.
- Maintains the obligation to use best available control technology and lowest achievable emission rate technology.
- Preserves the authority of state, local, and tribal entities to impose stricter emissions requirements.
Potential Disadvantages
- Could potentially delay the implementation of stricter air quality standards if the EPA fails to publish timely guidance.
- The exemption for certain preconstruction permits related to the 2024 particulate matter standard could allow some projects to proceed under less stringent requirements.
- May increase the workload for the EPA, requiring them to develop regulations and guidance concurrently with new standards.
- Could lead to litigation if stakeholders disagree with the EPA's interpretation of the bill's requirements.
- Might create a loophole where projects can exploit the timing of permit applications to avoid stricter standards.
Constitutional Alignment
The bill appears to align with the US Constitution, particularly Article I, Section 1, which grants legislative powers to Congress. The bill is an exercise of Congress's power to regulate interstate commerce, as air pollution can cross state lines. It also aligns with the general welfare clause of the Preamble, as it seeks to improve air quality and protect public health.
The bill does not appear to infringe on any individual rights or liberties protected by the Bill of Rights. It does not establish a religion, restrict free speech, or violate due process. The Tenth Amendment reserves powers not delegated to the federal government to the states, and this bill respects that by allowing states, localities, and tribes to impose stricter standards.
However, the bill's impact on environmental protection could be debated in light of the Constitution's silence on environmental matters, relying instead on interpretations of the general welfare clause.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).