H.R. 4795, the "Promoting New Manufacturing Act"

The Clean Air Act requires major new or expanding sources of air pollution to obtain permits with pollution limits before the facilities start construction.  These preconstruction permits ensure that a new or expanded facility will not increase local air pollution to levels that violate national ambient air quality standards (NAAQS), which the Environmental Protection Agency (EPA) sets for six principal air pollutants.  When EPA updates each air quality standard to reflect the latest science, permit applicants have to meet the new, more protective standard and show their emissions will not harm public health.

H.R. 4795, introduced by Rep. Steve Scalise (R-LA), creates a loophole in this process.  The bill establishes imprecise procedural requirements for EPA to follow after setting a new air quality standard.  If EPA does not meet those requirements, then a new or expanding facility can apply for a preconstruction permit based on the old air quality standard, which is not adequate to protect public health.  In effect, this bill could give new sources of pollution “amnesty” from new science-based air quality standards.

This amnesty provision will allow more pollution to enter the air, harming public health.  Allowing new facilities to pollute more than their fair share also means that existing industrial facilities may have to do more to reduce their emissions if the area is near or in nonattainment (exceeding the NAAQS or contributing to a nearby area’s violation of the NAAQS).  It also raises the economy-wide cost of cleaning up pollution. 

By setting vague procedural requirements for EPA to follow and applying an outdated standard if EPA fails to meet those requirements, the bill creates more regulatory uncertainty and sets up new avenues for litigation.  This will only serve to delay preconstruction permitting for manufacturing facilities, not expedite it, and it will harm public health in the process.