Clean Air and Building Infrastructure Improvement Act
- Bill Number
- H.R. 4214
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-04-28: Placed on the Union Calendar, Calendar No. 543.
- Last Updated
- 2026-05-07T20:36:37Z
AI-Generated Summary
Purpose
The Clean Air and Building Infrastructure Improvement Act (H.R. 4214) aims to ensure the Environmental Protection Agency (EPA) provides clear rules and instructions at the same time as issuing new or revised national ambient air quality standards (NAAQS). These are limits on pollutants in outdoor air to protect public health. The bill focuses on helping states, local authorities, and businesses apply for preconstruction permits—approvals needed before building or modifying factories or other stationary sources that emit air pollution.
Key Provisions
- Concurrent Publication Requirement (Section 2): Amends Section 109 of the Clean Air Act to require EPA to publish final regulations and guidance alongside any new or revised NAAQS. This must include details on submitting and reviewing preconstruction permit applications under the new standard.
- Penalty for Non-Compliance: If EPA misses this deadline, the new NAAQS does not apply to preconstruction permit reviews until the guidance is issued.
- Rules of Construction:
- EPA can still issue additional guidance later.
- Businesses must still use best available control technology (BACT)—the most effective pollution controls available—and lowest achievable emission rate (LAER) technology where required.
- States, localities, or Tribes can enforce stricter rules than federal NAAQS.
- Specific Rule for 2024 PM<sub>2.5</sub> Standard (Section 3): The 2024 Primary Annual Particulate Matter (PM<sub>2.5</sub>) Standard (tiny air pollution particles linked to health issues) does not apply to preconstruction permits if:
- The application is deemed complete before the final "area designation" (EPA's classification of pollution levels in specific regions).
- Or a public notice of a preliminary decision or draft permit is issued within 60 days after designation.
- Definitions: Clarifies terms like preconstruction permit (required under Clean Air Act Title I for new or modified pollution sources) and references existing definitions for BACT and LAER.
Significant Changes to Existing Law
- New Mandate on EPA Timing: Previously, EPA could issue NAAQS without immediate implementation guidance, causing delays and uncertainty in permitting. This bill forces simultaneity.
- Protection for Pending Permits: Introduces a "safe harbor" where new standards are paused for permit applications if EPA is late, and a targeted exemption for the 2024 PM<sub>2.5</sub> rule—grandfathering certain applications.
Potential Impacts
- Government Agencies (EPA, States, Locals, Tribes): EPA faces stricter deadlines, potentially streamlining but pressuring implementation. States gain clearer guidance, reducing administrative burdens.
- Citizens and Businesses: Permit applicants (e.g., construction firms, energy producers) benefit from predictable timelines, possibly accelerating infrastructure projects like power plants or factories without immediate stricter pollution rules.
- Public Health/Environment: Could delay application of tighter air standards to new projects, potentially slowing air quality improvements in some areas.
- No Direct International Relations Impact.
Main Stakeholders Affected
- EPA Administrator: Directly accountable for compliance.
- State, Local, and Tribal Permitting Authorities: Rely on EPA guidance for reviews.
- Permit Applicants: Businesses seeking to build or upgrade pollution-emitting facilities.
- Indirectly: Environmental advocates (concerned about enforcement delays) and communities near proposed projects (affected by air quality).
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens Clean Air Act enforcement timelines; "rules of construction" preserve existing obligations and state flexibility, minimizing litigation risks.
- Constitutional: Aligns with Congress's authority to regulate EPA and interstate commerce; no apparent free speech, due process, or federalism issues.
- Political: Addresses industry concerns over regulatory uncertainty, potentially aiding economic development while maintaining core pollution controls. Reported favorably by House Committee on Energy and Commerce (Report 119-626).
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Balderson, Troy [R-OH-12], Rep. Latta, Robert E. [R-OH-5], Rep. Newhouse, Dan [R-WA-4], Rep. Griffith, H. Morgan [R-VA-9], Rep. Obernolte, Jay [R-CA-23]
Recent Actions
- 2026-04-28: Placed on the Union Calendar, Calendar No. 543.
- 2026-04-28: Reported by the Committee on Energy and Commerce. H. Rept. 119-626.
- 2026-04-28: Reported by the Committee on Energy and Commerce. H. Rept. 119-626.
- 2026-01-21: Ordered to be Reported by the Yeas and Nays: 28 - 24.
- 2026-01-21: Committee Consideration and Mark-up Session Held
- 2025-12-10: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 10.
- 2025-12-10: Subcommittee Consideration and Mark-up Session Held
- 2025-06-27: Referred to the Subcommittee on Environment.
- 2025-06-27: Referred to the House Committee on Energy and Commerce.
- 2025-06-27: Introduced in House
- 2025-06-27: Introduced in House
Bill Versions
- Clean Air and Building Infrastructure Improvement Act — issued 2025-06-27 — PDF (7 pages)
- Clean Air and Building Infrastructure Improvement Act — issued 2026-04-28 — PDF (10 pages)