The House Energy and Commerce Environment Subcommittee recently held a hearing focused on reforming permitting processes under the Clean Air Act (CAA).
The hearing focused on four draft bills that would amend how emissions are calculated for CAA compliance, including wildfire and international sources of pollution, and H.R. 161, the New Source Review Permitting Improvement Act as introduced by Representative Morgan Griffith (R-VA).
The legislative proposals reviewed included:
H.R. 161, New Source Review Permitting Improvement Act (Rep. Griffith)
This legislation would amend the CAA to clarify that specific changes to industrial facilities, such as upgrades for pollution control, efficiency, safety, or reliability, do not count as "modifications" requiring New Source Review (NSR) permits, unless the changes significantly increase the facility’s maximum hourly emissions or annual actual emissions.
Discussion draft of the Fire Improvement and Reforming Exceptional Events Act (FIRE) Act
This legislation would amend the CAA to update how air quality data influenced by exceptional events, such as wildfires, and actions to mitigate wildfire risk, like prescribed burns, are treated, by revising definitions, clarifying exclusions, and requiring the Environmental Protection Agency to update its regulations accordingly.
Discussion draft of the Reducing and Eliminating Duplicative Environmental Regulations Act (RED Tape) Act
This legislation would amend Section 309 of the Clean Air Act to eliminate EPA’s requirement to review and publicly comment on other federal agencies’ proposed regulations and major projects to reduce duplicative environmental reviews.
Discussion draft of the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act
This legislation would amend the Clean Air Act to ensure that states are not penalized or designated as nonattainment areas (and are exempt from related sanctions or fees) if they can demonstrate that air quality violations are caused by emissions from outside the United States, regardless of whether those emissions are natural or human-made.
Discussion draft of the Air Permitting Improvements to Protect National Security Act
This legislation would amend the Clean Air Act to allow the President to grant national security waivers exempting certain advanced manufacturing or critical mineral facilities in nonattainment areas from offset requirements and allow states to approve alternative offset measures or emissions fees when traditional offsets are unavailable.
The panel of witnesses featured air quality experts from around the nation who all agreed that improving the CAA permitting process would benefit all end users.
Witnesses invited by the majority highlighted economic competitiveness, the AI race, energy security, and realistic and streamlined processes that will reduce unnecessary permitting delay.
Witnesses invited by the minority cautioned against rolling back pollution standards and weakening the New Source Review (NSR) process, including opposition to presidential exemptions and broad exemptions that would undermine protecting human health by reducing emissions controls at facilities.
Republicans at the hearing focused on the economic benefits of CAA permitting reform, while Democrats cautioned that reducing environmental protections for sources of pollution would negatively affect public health. Republicans echoed the desire of states for more autonomy and flexibility in enforcing standards. At the same time, Democrats fear that inconsistent enforcement without stringent federal standards will lead to a patchwork of regulations that would not effectively prevent pollution.
Republicans also emphasized speed and efficiency to meet the economic benefits of CAA reform, while Democrats advocated for guardrails that protect public health.
A bipartisan consensus was reached on the need for reforms that promote better digital tools and interagency coordination, prescribed burns to reduce wildfire risk, and the overall need for permitting reforms.
Republican and Democratic members disagree significantly on the scope of the reforms needed to federal permitting processes, including the CAA. Still, the consensus is that it is past time for Congress to move on permitting reform.
