Statement of Administration Policy: H.R. 4795 - Promoting New Manufacturing Act

(House Rules)

(Rep. Scalise, R-LA, and 13 cosponsors)

The Administration strongly opposes H.R. 4795, because it would impose arbitrary and unnecessary requirements that could weaken the public health and environmental protections of the Clean Air Act (CAA) and would increase uncertainty for businesses and States.

Under the CAA, EPA periodically reviews National Ambient Air Quality Standards (NAAQS) for pollutants that are harmful to public health and the environment and updates the standards if necessary based on relevant science. H.R. 4795 would prohibit the application of these science-based updates for permitting major sources of air pollution until additional guidance and regulations are issued. This arbitrary and unnecessary requirement could delay important public health protections.

H.R. 4795 could force EPA to issue detailed guidance and regulations that would impact the pre-construction permitting process without the benefit of collaborative input from States and regulated entities. This could result in the issuance of regulations and guidance for applying the updated NAAQS that are not tailored to the needs of the regulated entities, thus potentially creating confusion and uncertainty for both States and industry. Further, requiring EPA to produce premature implementing guidance and regulations could increase legal vulnerabilities for States and the Federal Government, adding additional uncertainty and further delaying the important health protections provided by the NAAQS.

Finally, this legislation could potentially lead to an inconsistent application of an updated NAAQS, which could result in some major sources of pollution having to achieve additional emissions reductions to make up for sources that become partially exempted. This additional unnecessary confusion and the potential resulting inequities for affected businesses and States is contrary to both the stated purpose of the bill and to the CAA.

If the President were presented with H.R. 4795, his senior advisors would recommend that he veto the bill.