Short-Circuiting Progress: How the Clean Air Act Impacts Building Necessary Infrastructure and Onshoring American Innovation

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · June 11, 2025 · 119th Congress
The House Energy and Commerce Subcommittee on Environment met to examine two Republican discussion drafts — the Clean Air Act and Economic Advancement Reform Act (the "Clear Act") and the Clean Air and Building Infrastructure Improvements Act — that would extend the National Ambient Air Quality Standards (NAAQS/"Knacks") review cycle from five to ten years, let EPA weigh economic feasibility and attainability, and exempt prescribed burns from exceptional-events counting. Begins at ▶ 0:14:31
Transcript
Highlights

Title

Reforming Clean Air Act permitting standards for manufacturing and data centers

Purpose

The House Energy and Commerce Subcommittee on Environment met to examine two Republican discussion drafts — the Clean Air Act and Economic Advancement Reform Act (the "Clear Act") and the Clean Air and Building Infrastructure Improvements Act — that would extend the National Ambient Air Quality Standards (NAAQS/"Knacks") review cycle from five to ten years, let EPA weigh economic feasibility and attainability, and exempt prescribed burns from exceptional-events counting. Republicans argued the 2024 fine particulate matter (PM2.5) standard of 9 micrograms per cubic meter is causing "permitting gridlock" that blocks manufacturing, data centers, and infrastructure; Democrats and witness John Walke argued the bills would gut science-based health protections. Begins at▶ 0:14:31

Who spoke

• Chairman Morgan Griffith (R-VA)▶ 0:14:31: Opened by citing EPA data on pollution reductions since 1990▶ 0:14:57 and argued the Knacks process has passed the point of diminishing returns, blocking new industrial permits▶ 0:15:42.

• Rep. Paul Tonko (D-NY), Ranking Member▶ 0:19:58: Said 46% of Americans (156 million people) live in areas with unhealthy ozone or particle pollution▶ 0:20:50 and warned the 2024 PM2.5 standard's rollback would forgo $46 billion in benefits and 4,500 avoided deaths▶ 0:21:49.

• Chairman Brett Guthrie (R-KY), Full Committee Chair▶ 0:25:10: Cited a $1.8 trillion regulatory cost estimate from the Biden era, 70% from EPA▶ 0:26:09, and said the PM2.5 rule would force large parts of the country into non-attainment▶ 0:27:06.

• Rep. Frank Pallone (D-NJ), Full Committee Ranking Member▶ 0:29:12: Argued the drafts would let industry profits override science▶ 0:31:15 and raised a committee-rules objection about the late release of legislative text▶ 0:32:08, prompting an exchange with Chairman Guthrie▶ 0:33:54.

• Chad Whiteman, U.S. Chamber of Commerce▶ 0:36:13: Testified 84% of PM2.5 emissions now come from non-industrial sources like wildfires and road dust▶ 0:38:31, and presented a county map showing widespread "permitting gridlock" from standards approaching background levels▶ 0:58:04; described a Wisconsin foundry that shelved a U.S. project after finding only 8 of 400 sites viable▶ 0:59:27.

• Dr. James Boylan, Georgia EPD▶ 0:41:36: Said EPA has met the statutory 5-year Knax review deadline only once since 1970▶ 0:42:01 and described Georgia issuing 1.5 million acres/year of prescribed-burn permits not currently recognized as exceptional events▶ 0:44:33; cited a $16 billion, 20-building data center project needing more power than a nuclear reactor▶ 0:45:28.

• John Walke, NRDC▶ 0:46:22: Argued the drafts would eliminate the health-science-only basis for standards and overturn a unanimous Scalia-authored Supreme Court decision▶ 0:47:29; said 88,000 Americans die prematurely each year from fine particle pollution▶ 0:49:55, and that permitting "gridlock" is a euphemism for eliminating the right to safe air▶ 1:54:03.

• Paul Noe, American Forest and Paper Association▶ 0:50:53: Said the industry employs over 925,000 people directly▶ 0:51:20 and that pulp/paper/wood mills account for less than 1% of particulate matter▶ 0:54:25; used a background-plus-increment example (8 + 3 = 11 vs. a 9 standard) to show permits blocked even in attainment areas▶ 1:11:34.

• Rep. Bill Johnson / self (Chair, Q&A)▶ 0:55:42: (Griffith continuing) Discussed HR 161, the New Source Review Permitting Improvement Act, and asked witnesses about NSR discouraging pollution-control upgrades▶ 0:55:56.

• Rep. Bob Latta (R-OH)▶ 1:06:21: Asked about faulty scientific analysis and interstate highway/agricultural impacts of non-attainment designations, citing an I-75 widening project in Ohio▶ 1:09:15.

• Rep. Jan Schakowsky (D-IL)▶ 1:12:32: Raised childhood asthma rates in low-income districts and asked Walke what would happen if the bills passed▶ 1:14:14.

• Rep. Brett Guthrie (Q&A)▶ 1:17:49: Questioned Whiteman on standards set below background levels▶ 1:18:32 and Boylan on the impact of a 5-to-10-year cycle change on state stability▶ 1:22:21.

• Rep. Scott Peters (D-CA)▶ 1:23:41: Questioned Walke on the actual 8-10 year review timeline versus the 5-year mandate▶ 1:24:57 and raised the Fix Our Forest Act on wildfire/forest management▶ 1:27:28.

• Rep. Gary Palmer (R-AL)▶ 1:28:58: Raised rare-earth-element refining as a national security concern tied to overregulation▶ 1:31:23 and compared U.S. asthma rates (8.7%) to China's (2.2%)▶ 1:32:15.

• Rep. Raul Ruiz (D-CA), physician▶ 1:34:12: Said Riverside County, CA received an "F" for annual particle pollution from the American Lung Association▶ 1:35:06 and that people in high-pollution areas live roughly 10 years less▶ 1:38:39.

• Rep. Buddy Carter (R-GA)▶ 1:39:02: Described his "Clear Act" bill giving states more time to implement standards▶ 1:39:33 and asked Boylan about Georgia's exceptional-events workload (129 events, 14 staff)▶ 2:23:18.

• Rep. Frank Pallone (Q&A)▶ 1:44:02: Challenged a National Association of Manufacturers report as "fiction," noting EPA projects only 3.8% of counties would be in non-attainment, half in California▶ 1:46:17.

• Rep. Troy Nehls / gentleman from Texas▶ 1:48:32: Asked witnesses to confirm the "polluters over people" framing was unfair and pressed Boylan on whether the 12 microgram standard was more appropriate than 9▶ 1:50:57.

• Rep. Nanette Barragán (D-CA)▶ 1:53:33: Asked Walke to correct the record on "permitting gridlock" rhetoric▶ 1:54:03 and cited an AP investigation estimating up to 30,000 premature deaths annually from rollbacks▶ 1:55:46.

• Rep. John Joyce (R-PA)▶ 1:59:01: Asked Whiteman to explain differences between the industry and EPA maps, including inclusion of 2023 wildfire data▶ 2:00:13, and discussed grandfathering for pending permits▶ 2:03:36.

• Rep. Kat Cammack / gentleman from Florida▶ 2:04:30: Discussed Florida's air quality and nuclear power projects, and asked Boylan about Plant Vogtle's permitting challenges▶ 2:07:05.

• Rep. Julie Fedorchak (R-ND)▶ 2:09:45: Said North Dakota has never violated a federal ambient air standard and cited flaws in EPA's health modeling assumptions, including no-safe-threshold assumptions and urban-to-rural extrapolation▶ 2:11:08.

• Rep. Emilia Sykes / gentleman from Ohio (Landsman)▶ 2:15:24: Questioned Walke on EPA's plan to shutter the Office of Research and Development and its ~1,200 staff▶ 2:16:55.

• Rep. Mariannette Miller-Meeks (R-IA)▶ 2:20:44: Asked Boylan how many times EPA completed a Knax review within five years (essentially none)▶ 2:21:39 and about Georgia's exceptional-events resource burden▶ 2:23:18.

• Rep. Cleo Fields (D-LA)▶ 2:26:19: Referenced "Cancer Alley" in Louisiana and estimated 100,000–200,000 premature deaths annually from fine particulate exposure nationally▶ 2:27:14.

• Rep. Dan Crenshaw (R-TX), Vice Chair▶ 2:31:31: Argued for "rational environmentalism," noted the 2024 PM2.5 rule cut the annual standard by 25% (from 12 to 9)▶ 2:34:46, and pressed Walke for a scientific "logical limit"▶ 2:35:37.

• Rep. (gentleman from New Jersey, freshman)▶ 2:36:52: Walked through NSR permitting requirements with Walke, establishing that new facilities must offset emissions or shift the pollution burden to existing plants and workers▶ 2:38:47.

• Rep. Debbie Dingell (D-MI)▶ 2:42:32: Recalled the original 1990 Clean Air Act fight, cited over 100,000 premature deaths annually from air pollution▶ 2:43:02, and asked Walke to explain the margin-of-safety principle for vulnerable groups▶ 2:44:51.

Key moments

• Boylan testified EPA has completed a NAAQS review within the statutory 5-year cycle only once since 1970, and even that took 5 years and 3 months▶ 2:21:39.

• Whiteman said 84% of PM2.5 emissions now come from non-industrial sources like wildfires and road dust, versus about 1% from paper/wood mills according to Noe▶ 0:38:58▶ 0:54:25.

• Walke countered that the Chamber/industry "permit gridlock" map is "fiction," citing EPA's own finding that only 3.8% of counties nationwide would be in non-attainment, half of them in California▶ 1:46:17.

• Noe's arithmetic example: with U.S. background PM2.5 averaging 8 micrograms and industrial projects typically needing a 3-microgram increment, any major project would hit 11 — above the new 9-microgram standard — effectively blocking construction▶ 1:11:34.

• Walke said the 2024 PM2.5 standard is projected to avoid 4,500 premature deaths annually and deliver $46 billion in net benefits by 2032, figures Tonko and Barragán also cited▶ 0:21:49▶ 1:36:27.

• Boylan said Georgia issues prescribed-burn permits for about 1.5 million acres a year but had to submit 129 exceptional-event demonstrations to EPA in the past year, requiring 14 staff▶ 2:23:18.

• Pallone pressed a rules objection that Republicans provided legislative text only one day after the hearing was noticed, which Chairman Guthrie acknowledged was not required by committee rules but said he'd try to follow as precedent▶ 0:32:08▶ 0:33:54.

• Walke disclosed that EPA plans to announce rollbacks of mercury and air toxics standards for coal-burning power plants "at 2 o'clock this afternoon" and cited a pending Congressional Review Act resolution already rolling back air toxics safeguards▶ 1:57:41.

• Landsman and Walke discussed EPA's plan to shutter the Office of Research and Development, cutting roughly 1,200 staff and closing an air quality research lab in North Carolina▶ 2:16:55▶ 2:17:47.

• Crenshaw asked Walke to name a "logical limit" below which the PM2.5 standard shouldn't go; Walke replied that is a scientific, not a political, determination and declined to name a number▶ 2:35:37.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
DateJune 11, 2025
TypeHearing
Witnesses
Dr. James Boylan — Chief, Air Protection Branch, Georgia Environmental Protection Division
Mr. Chad Whiteman — Vice President, Environment and Regulatory Affairs, U.S. Chamber of Commerce
Mr. Paul Noe — Vice President, Public Policy, American Forest and Paper Association
Mr. John Walke — Director, Federal Clean Air & Senior Attorney, Environmental Health, Natural Resources Defense Council
Videoyoutube
Transcript353 caption blocks · 25,439 words · 2:48:17 runtime
EventCongress.gov 118385